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HomeMy WebLinkAbout2011-019Oa or it 4 cA. Florida Department of a o as - ©/ ?Rick Scott Governor Environmental Protection Jennifer Carroll Bob Martinez Center Lt. Governor 2600 Blair Stone Road Tallahassee, Florida 32399-2400 FEB 14 2011 FED EX -- DELIVERY CONFIRMATION REQUIRED Mr William Keith McCully, P E Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960 Re: LP31010 — Indian River County PC South (Pollution Control South) Dear Mr. McCully: a Herschel T. Vinyard, Jr. Secretary We are pleased to provide financial assistance for your stormwater improvement project. One fully executed grant agreement is enclosed. To draw money under the agreement, please call Tommy Williams at 850/245-8358 for assistance in completing a disbursement request. For your convenience, electronic copies of the attachments are located on our web page: http://www.dep.state.fl.us/water/wff/index.htm under Legislative Appropriations Grant Attachments. We congratulate you and your staff on your efforts and are pleased that we can work with you on this project. Sincerely, Phil Coram, P.E. Deputy Director Division of Water Resource Management PC/ph Enclosure cc: Christopher R. Mora, P E — Indian River County "More Protection, Less Process" www. dep. state, fl. us 01•i1 Florida Department of Rick Scott Governor Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 FEB 14 2011 FED EX -- DELIVERY CONFIRMATION REQUIRED Mr. William Keith McCully, P E Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960 Re' LP31010 — Indian River County PC South (Pollution Control South) Dear Mr. McCully: Jennifer Carroll Lt. Governor Herschel T. Vinyard, Jr. Secretary We are pleased to provide financial assistance for your stormwater improvement project. One fully executed grant agreement is enclosed. To draw money under the agreement, please call Tommy Williams at 850/245-8358 for assistance in completing a disbursement request. For your convenience, electronic copies of the attachments are located on our web page: http://www.dep.state.fl.us/water/wff/index.htm under Legislative Appropriations, Grant Attachments. We congratulate you and your staff on your efforts and are pleased that we can work with you on this project. Sincerely, Phil Coram, P E Deputy Director Division of Water Resource Management PC/ph Enclosure cc: Christopher R. Mora, P E — Indian River County "More Protection, Less Process" www. dep. statefl. us STATE FINANCIAL ASSISTANCE AGREEMENT INDIAN RIVER COUNTY DEP AGREEMENT NO. LP31010 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO SECTION 108 OF THE 2010-2011 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY, whose address is 1801 27th Street Vero Beach, FL 32960 (hereinafter referred to as ' Grantee' or "Recipient"), a local government under the laws of the State of Florida, to provide funds for the PC South/Indian River County project In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee' and "Recipient" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2014. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2010. If work identified in the approved Project Work Plan is completed prior to the date shown in the first sentence of this paragraph, the modification will be reduced to writing in an amendment to this Project Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A As consideration for the services rendered by the Grantee under the terms of this Agreement the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $250,000 toward the total project cost estimate of $12,113,00. The parties hereto understand and agree that this Agreement does not require a cost sharing or match on the part of the Grantee. Prior written approval from the Department's Grant Manager shall be required for changes between budget categories of up to 10% of the total deliverable budget. The Department's Grant Manager will transrrut a copy of the written approval and revised budget to the Department's Contracts Disbursements Office for inclusion in the Agreement file Changes greater than 10% will require a formal amendment to the Agreement If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of the deliverables identified in Attachment A Revised 1/11 DEP Agreement No. LP31010, Page 1 of 9 STATE FINANCIAL ASSISTANCE AGREEMENT INDIAN RIVER COUNTY DEP AGREEMENT NO. LP31010 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO SECTION 108 OF THE 2010-2011 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY, whose address is 1801 27th Street Vero Beach, FL 32960 (hereinafter referred to as ' Grantee' or "Recipient"), a local government under the laws of the State of Florida, to provide funds for the PC South/Indian River County project In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee' and "Recipient" are used interchangeably. 2. This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2014. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2010. If work identified in the approved Project Work Plan is completed prior to the date shown in the first sentence of this paragraph, the modification will be reduced to writing in an amendment to this Project Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A As consideration for the services rendered by the Grantee under the terms of this Agreement the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $250,000 toward the total project cost estimate of $12,113,00. The parties hereto understand and agree that this Agreement does not require a cost sharing or match on the part of the Grantee. Prior written approval from the Department's Grant Manager shall be required for changes between budget categories of up to 10% of the total deliverable budget. The Department's Grant Manager will transrrut a copy of the written approval and revised budget to the Department's Contracts Disbursements Office for inclusion in the Agreement file Changes greater than 10% will require a formal amendment to the Agreement If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A to provide for the work that can be accomplished for the funding identified above B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of the deliverables identified in Attachment A Revised 1/11 DEP Agreement No. LP31010, Page 1 of 9 and a properly completed Disbursement Request Package (provided as Attachment B). In addition to the Disbursement Request Package, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum a description of the goods or services purchased, date of the transaction voucher number, amount paid and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel limits established in Section 112.061, Florida Statutes. A final payment request must be submitted to the Department no later than July 31, 2014, to assure the availability of funds for payment. The Disbursement Request Package must include: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. After receipt of advance funds the Grantee shall provide proof of payment to the Department within thirty (30) days of receipt of the advanced funds If payment is based on reimbursement, proof of payment of the invoices is required. (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the construction contracts, the Grantee is required to make such payments. (3) A certification by the engineer responsible for overseeing construction stating that equipment materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents, stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents, and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically request proof of a transaction (invoice payroll register, etc) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within thirty (30) calendar days of such request. The Grantee may also be required to subrrut a cost allocation plan to the Department in support of its multipliers (overhead, indirect general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Revised 1/11 DEP Agreement No. LP31010, Page 2 of 9 and a properly completed Disbursement Request Package (provided as Attachment B). In addition to the Disbursement Request Package, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum a description of the goods or services purchased, date of the transaction voucher number, amount paid and vendor name. All requests for reimbursement of travel expenses shall be in accordance with the travel limits established in Section 112.061, Florida Statutes. A final payment request must be submitted to the Department no later than July 31, 2014, to assure the availability of funds for payment. The Disbursement Request Package must include: (1) A completed Disbursement Request Form signed by the Grantee's Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor or services to identify the nature of the work performed; the cost or charges for such work; and the person providing the service or performing the work. After receipt of advance funds the Grantee shall provide proof of payment to the Department within thirty (30) days of receipt of the advanced funds If payment is based on reimbursement, proof of payment of the invoices is required. (2) A certification signed by the Grantee's Grant Manager as to the current estimated cost of the Project that the materials, labor, or services represented by the invoice have been satisfactorily purchased, performed, or received and applied to the project that all funds received to date have been applied toward completing the Project; and that under the terms and provisions of the construction contracts, the Grantee is required to make such payments. (3) A certification by the engineer responsible for overseeing construction stating that equipment materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, or received, and applied to the Project in accordance with construction contract documents, stating that payment is in accordance with construction contract provisions; stating that construction, up to the point of the requisition, is in compliance with the contract documents, and identifying all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. C. In addition to the invoicing requirements contained in paragraph 3.B. above, the Department will periodically request proof of a transaction (invoice payroll register, etc) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within thirty (30) calendar days of such request. The Grantee may also be required to subrrut a cost allocation plan to the Department in support of its multipliers (overhead, indirect general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Revised 1/11 DEP Agreement No. LP31010, Page 2 of 9 D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http:/ /www.fldfs.com/aadir/reference%5Fguide. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress reports shall be submitted along with the Disbursement Request Package, described in paragraph 3.B. If advance payment is authorized the Grantee shall report (and document as required under paragraph 3 above and on Attachment F) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 17). It is understood and agreed by the parties that the term 'reporting period" reflects the period of time for which the invoices submitted in the Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768 28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 9. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes Revised 1/11 DEP Agreement No. LP31010, Page 3 of 9 D. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http:/ /www.fldfs.com/aadir/reference%5Fguide. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachment C) shall be submitted describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Progress reports shall be submitted along with the Disbursement Request Package, described in paragraph 3.B. If advance payment is authorized the Grantee shall report (and document as required under paragraph 3 above and on Attachment F) the amount of funds expended during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly indicate the method for repayment of the interest to the Department (see paragraph 17). It is understood and agreed by the parties that the term 'reporting period" reflects the period of time for which the invoices submitted in the Disbursement Request Package are covered. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768 28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 9. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes Revised 1/11 DEP Agreement No. LP31010, Page 3 of 9 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment D, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/ or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/ or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:/Japps.fldfs com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment E, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment E should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee Florida 32399-3000 The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. 11. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is bemg made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Revised 1/11 DEP Agreement No. LP31010, Page 4 of 9 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment D, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/ or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/ or state) identified in Attachment D, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:/Japps.fldfs com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment E, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment E should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee Florida 32399-3000 The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. 11. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is bemg made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Revised 1/11 DEP Agreement No. LP31010, Page 4 of 9 12. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations The Grantee further agrees to include this provision m all subcontracts issued as a result of this Agreement. 15. The Department's Grant Manager for this Agreement is identified below. Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: (850) 245-8358 Fax: (850) 245-8411 Email: thomas.e.williams@dep.state.fl.us Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 16. The Grantee's Grant Manager for this Agreement is identified below. William Keith McCully, P.E., Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960 Phone (772) 226-1562 Fax: (772) 778-9391 Email: kmccully@ircgov.com Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 17. In accordance with Section 216.181(16)(b), Florida Statutes, the Department may upon written request from the Grantee utilizing the Advance Payment Justification Form (attached hereto and made a part hereof as Attachment G) and written approval from the State's Chief Financial Officer, provide an advance payment to the Grantee. The Grantee must temporarily Revised 1 /1 1 DEP Agreement No. LP31010, Page 5 of 9 12. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations The Grantee further agrees to include this provision m all subcontracts issued as a result of this Agreement. 15. The Department's Grant Manager for this Agreement is identified below. Tommy Williams Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: (850) 245-8358 Fax: (850) 245-8411 Email: thomas.e.williams@dep.state.fl.us Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 16. The Grantee's Grant Manager for this Agreement is identified below. William Keith McCully, P.E., Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960 Phone (772) 226-1562 Fax: (772) 778-9391 Email: kmccully@ircgov.com Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 17. In accordance with Section 216.181(16)(b), Florida Statutes, the Department may upon written request from the Grantee utilizing the Advance Payment Justification Form (attached hereto and made a part hereof as Attachment G) and written approval from the State's Chief Financial Officer, provide an advance payment to the Grantee. The Grantee must temporarily Revised 1 /1 1 DEP Agreement No. LP31010, Page 5 of 9 invest the advanced funds, and return any interest income to the Department within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Interest earned on funds invested in an escrow account approved by the Department of Financial Services may remain in that account to pay invoices under this Agreement. Unused funds, and interest accrued on any unused portion of advanced funds that have not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Department s Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department s Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment F) to the Department's Grant Manager quarterly. 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 19. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 20 The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 21. The reimbursement of non expendable personal property or equipment costing $1,000 or more is not authorized under the terms of this Agreement. 22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current Revised 1/11 DEP Agreement No. LP31010, Page 6 of 9 invest the advanced funds, and return any interest income to the Department within thirty (30) days of each calendar quarter, or apply said interest income against the Department's obligation to pay, if applicable, under this Agreement Interest earned must be returned to the Department within the timeframe identified above or invoices must be received within the same timeframe that shows the offset of the interest earned. Interest earned on funds invested in an escrow account approved by the Department of Financial Services may remain in that account to pay invoices under this Agreement. Unused funds, and interest accrued on any unused portion of advanced funds that have not been remitted to the Department, shall be returned to the Department within sixty (60) days of Agreement completion. The parties hereto acknowledge that the State's Chief Financial Officer may identify additional requirements, which must be met in order for advance payment to be authorized If the State's Chief Financial Officer imposes additional requirements, the Grantee shall be notified, in writing, by the Department s Grant Manager regarding the additional requirements. Prior to releasing any advanced funds, the Grantee shall be required to provide a written acknowledgement to the Department s Grant Manager of the Grantee's acceptance of the terms imposed by the State's Chief Financial Officer for release of the funds. If advance payment is authorized, the Grantee shall be responsible for submitting the information requested in the Interest Earned Memorandum (Attachment F) to the Department's Grant Manager quarterly. 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 19. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 20 The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 21. The reimbursement of non expendable personal property or equipment costing $1,000 or more is not authorized under the terms of this Agreement. 22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current Revised 1/11 DEP Agreement No. LP31010, Page 6 of 9 authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 23. The employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act If the Grantee/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement 24. If the Grantee's project involves environmentally related measurements or data generation the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform to the requirements set forth in Chapter 62-160 Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment I Quality Assurance Requirements. 25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 26. The Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring illegal workers. The Grantee shall only employ individuals who may legally work in the United States - either U S. citizens or foreign citizens who are authorized to work in the U.S. The Grantee shall use the U.S. Department of Homeland Security's E -Verify Employment Eligibility Verification system (http://www.uscis.gov/portal/site/uscis) to verify the employment eligibility of: • all persons employed by the Grantee, during the term of this Agreement, to perform employment duties within Florida; and, • all persons (including subcontractors and subrecipients) assigned by the Grantee to perform work pursuant to this Agreement. The Grantee shall include this provision in all subcontracts/subgrants it enters into for the performance of work under this Agreement. Revised l/11 DEP Agreement No. LP3 1010, Page 7 of 9 authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 23. The employment of unauthorized aliens by any Grantee/vendor is considered a violation of Section 274A(e) of the Immigration and Nationality Act If the Grantee/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement 24. If the Grantee's project involves environmentally related measurements or data generation the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform to the requirements set forth in Chapter 62-160 Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment I Quality Assurance Requirements. 25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 26. The Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring illegal workers. The Grantee shall only employ individuals who may legally work in the United States - either U S. citizens or foreign citizens who are authorized to work in the U.S. The Grantee shall use the U.S. Department of Homeland Security's E -Verify Employment Eligibility Verification system (http://www.uscis.gov/portal/site/uscis) to verify the employment eligibility of: • all persons employed by the Grantee, during the term of this Agreement, to perform employment duties within Florida; and, • all persons (including subcontractors and subrecipients) assigned by the Grantee to perform work pursuant to this Agreement. The Grantee shall include this provision in all subcontracts/subgrants it enters into for the performance of work under this Agreement. Revised l/11 DEP Agreement No. LP3 1010, Page 7 of 9 27. Land acquisition is not authorized under the terms of this Agreement. 28. If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 29. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 1/11 DEP Agreement No. LP31010, Page 8 of 9 27. Land acquisition is not authorized under the terms of this Agreement. 28. If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 29. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 1/11 DEP Agreement No. LP31010, Page 8 of 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Bycr sa . Cttt+,.° '.cati.. By: Bob Solari, Chairman Date: February 1, 2011 FEID No.: F59-6000674 APPROVED AS TO FORM AND LEGAL SU EkfY WILLIAM K DE8RAAL DEPUTY COUNTY ATTORNEY Deputy Director Division of Water Resource Management FEB 07 Date: 2011 �{pOp40p 44�n4ry^4p0, 0 OOpp� \� , O,,,,,,n, 00 • ••• •''• V�A 4 JO OO'•• •• (P O, O : � O :cots O K0 00 ,i • '� •O�O b ,,•• b 406yCR/ e ••/'�OQt9oe O tt DUIU1'aOd00 r r4 DEP Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement a resolution statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Letter/ Description (include number of pages) Number A Project Work Plan (5 Pages) B Disbursement Request Package (3 Pages) C Progress Report Form (2 Pages) D Special Audit Requirements (5 Pages) E Certification of Applicability to Single Audit Act Reporting (3 Pages) F Advance Payment - Interest Earned Memorandum. (1 Page) G Advance Payment Justification Form (3 Pages) H Not Applicable 1 Quality Assurance Requirements (12 Pages) Revised 1/I1 DEP Agreement No. LP31010, Page 9 of 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. INDIAN RIVER COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Bycr sa . Cttt+,.° '.cati.. By: Bob Solari, Chairman Date: February 1, 2011 FEID No.: F59-6000674 APPROVED AS TO FORM AND LEGAL SU EkfY WILLIAM K DE8RAAL DEPUTY COUNTY ATTORNEY Deputy Director Division of Water Resource Management FEB 07 Date: 2011 �{pOp40p 44�n4ry^4p0, 0 OOpp� \� , O,,,,,,n, 00 • ••• •''• V�A 4 JO OO'•• •• (P O, O : � O :cots O K0 00 ,i • '� •O�O b ,,•• b 406yCR/ e ••/'�OQt9oe O tt DUIU1'aOd00 r r4 DEP Grant Manager *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement a resolution statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Letter/ Description (include number of pages) Number A Project Work Plan (5 Pages) B Disbursement Request Package (3 Pages) C Progress Report Form (2 Pages) D Special Audit Requirements (5 Pages) E Certification of Applicability to Single Audit Act Reporting (3 Pages) F Advance Payment - Interest Earned Memorandum. (1 Page) G Advance Payment Justification Form (3 Pages) H Not Applicable 1 Quality Assurance Requirements (12 Pages) Revised 1/I1 DEP Agreement No. LP31010, Page 9 of 9 ATTACHMENT A GRANT WORK PLAN INDIAN RIVER COUNTY Project Title: PC SOUTH Project approximately Station latitude owned The east longitude The Location: The project consists of facilities in two locations. An algal turf scrubber system will be located 1,250 feet west of Old Dixie Highway next to Indian River County's Oslo Solid Waste Transfer and 700 feet south of the Indian River Farms Water Control District s (IRFWCD) South Relief Canal. The is 27d36 02"N and the longitude is 80d23'25"W. The algal turf scrubber system will be located on property by Indian River County. rest of the project, a series screening system and a large pump station, will be located approximately 200 feet of Old Dixie Highway within IRFWCD's South Relief Canal right-of-way. The latitude is 27d36' 15"N and the is 80d23' 10"W. project will receive water from the IRFWCD watershed and the hydrologic unit code is 03080203. and (algal system the the IRFWCD stormwater structures. Project A will project, Nutrients dissolved portion being of Significance The meet The Part mechanical the adjacent be IRFWCD canal PC project 1 Background: series to the constructed turf scrubber) and the algal called PC canal water. will be nutrients is a Florida of the district residential runoff All water City of Vero and South project required TMDL is divided — Algal Turf removed screening IRFWCD within will turf South. system The from Statute is The from now Beach, a St. reductions. into Scrubber Johns is a South be scrubber The material by the canal mix South many flowing critical three system South Relief Relief built on system facilities The series removed this system water. Chapter of agricultural, Relief more acres in the with little River Water to Indian distinct System and an 298 Pilot screening parts: Canal approximate will through Canal can South or an Canal are will drainage Management River treat no Plant aquatic residential, be located right-of-way include watershed Relief plant in southeastern 14 in nutrient system floating the capture district directed Canal treatment. District County's Study — acre two commercial, through water based nutrient removal system is proposed to be built in Indian River County. The series screening system and the aquatic plant based nutrient removal system County -owned site Although the series screening physically separate places, they are part of a single rich stormwater runoff and groundwater base flow from will remove solids as small as 1/16°i inch diameter from and suspended aquatic plants, debris, and trash. of aquatic plants. The algal turf scrubber will remove encompassing over 50,000 acres. The watershed in this and Tight industrial with most of the land use directly drains approximately 12,000 acres, although the canal by manipulating upstream water control discharges directly into the Indian River Lagoon south The Indian River Lagoon is an Estuary of National (SJRWMD) SWMM program priority water body TMDL program and without these facilities it will not A six-month long pilot plant study will be conducted to and to develop final design information. Additionally, blending reject water from the South County Reverse and using some of the treated blend water for reuse with the canal water has been approved by Florida results of the pilot plant study will determine if FDEP in the full-scale treatment system. — Data gathered from the Part 1 pilot plant study will be the ensure Osmosis irrigation Department allows Part pilot 2 that the — (RO) Final plant water. the of RO water study Water Environmental reject Design, will support an algal turf will investigate the practicality Treatment Plant with the The concept of blending the Protection (FDEP) water to be blended with the Permitting Bidding, Contract community canal RO canal of water reject and the water Award used cleaning permits to design trash will be the full-scale algal rakes, debris conveyors, obtained, bidding turf scrubber (ATS). Final design includes the series screening system with self- pump station, ATS, and associated structures and facilities. AR required documents prepared, the project bid, and the construction contract awarded. Revised 7/10 DEP Agreement LP31010, Attachment A, Page 1 of4 ATTACHMENT A GRANT WORK PLAN INDIAN RIVER COUNTY Project Title: PC SOUTH Project approximately Station latitude owned The east longitude The Location: The project consists of facilities in two locations. An algal turf scrubber system will be located 1,250 feet west of Old Dixie Highway next to Indian River County's Oslo Solid Waste Transfer and 700 feet south of the Indian River Farms Water Control District s (IRFWCD) South Relief Canal. The is 27d36 02"N and the longitude is 80d23'25"W. The algal turf scrubber system will be located on property by Indian River County. rest of the project, a series screening system and a large pump station, will be located approximately 200 feet of Old Dixie Highway within IRFWCD's South Relief Canal right-of-way. The latitude is 27d36' 15"N and the is 80d23' 10"W. project will receive water from the IRFWCD watershed and the hydrologic unit code is 03080203. and (algal system the the IRFWCD stormwater structures. Project A will project, Nutrients dissolved portion being of Significance The meet The Part mechanical the adjacent be IRFWCD canal PC project 1 Background: series to the constructed turf scrubber) and the algal called PC canal water. will be nutrients is a Florida of the district residential runoff All water City of Vero and South project required TMDL is divided — Algal Turf removed screening IRFWCD within will turf South. system The from Statute is The from now Beach, a St. reductions. into Scrubber Johns is a South be scrubber The material by the canal mix South many flowing critical three system South Relief Relief built on system facilities The series removed this system water. Chapter of agricultural, Relief more acres in the with little River Water to Indian distinct System and an 298 Pilot screening parts: Canal approximate will through Canal can South or an Canal are will drainage Management River treat no Plant aquatic residential, be located right-of-way include watershed Relief plant in southeastern 14 in nutrient system floating the capture district directed Canal treatment. District County's Study — acre two commercial, through water based nutrient removal system is proposed to be built in Indian River County. The series screening system and the aquatic plant based nutrient removal system County -owned site Although the series screening physically separate places, they are part of a single rich stormwater runoff and groundwater base flow from will remove solids as small as 1/16°i inch diameter from and suspended aquatic plants, debris, and trash. of aquatic plants. The algal turf scrubber will remove encompassing over 50,000 acres. The watershed in this and Tight industrial with most of the land use directly drains approximately 12,000 acres, although the canal by manipulating upstream water control discharges directly into the Indian River Lagoon south The Indian River Lagoon is an Estuary of National (SJRWMD) SWMM program priority water body TMDL program and without these facilities it will not A six-month long pilot plant study will be conducted to and to develop final design information. Additionally, blending reject water from the South County Reverse and using some of the treated blend water for reuse with the canal water has been approved by Florida results of the pilot plant study will determine if FDEP in the full-scale treatment system. — Data gathered from the Part 1 pilot plant study will be the ensure Osmosis irrigation Department allows Part pilot 2 that the — (RO) Final plant water. the of RO water study Water Environmental reject Design, will support an algal turf will investigate the practicality Treatment Plant with the The concept of blending the Protection (FDEP) water to be blended with the Permitting Bidding, Contract community canal RO canal of water reject and the water Award used cleaning permits to design trash will be the full-scale algal rakes, debris conveyors, obtained, bidding turf scrubber (ATS). Final design includes the series screening system with self- pump station, ATS, and associated structures and facilities. AR required documents prepared, the project bid, and the construction contract awarded. Revised 7/10 DEP Agreement LP31010, Attachment A, Page 1 of4 Part 3 — Construction — Depending on funding, construction may proceed in phases: The first phase will include construction of the series screening system s concrete treatment channel and concrete skeleton for the screens, at least one 1" diameter self-cleaning trash rake, diversion weirs, a duplex pumping station, piping, and an ATS facility. The second phase will consist of installing the remaining self-cleaning trash rakes and controls in the concrete treatment channel. Projected Nutrient Removal: 1. A similar series screening system exists in the IRFWCD's Main Relief Canal. Based on preliminary operational data, the facility's yearly estimated nutrient removal projections are: total nitrogen removed = 1,300 pounds per year; and total phosphorus removed = 750 pounds per year. Projected nutrient removal rates for a fully built -out similar series screening facility in the South Relief Canal should be near those estimated for the Main Relief Canal facility. The flow in the South Relief Canal is less than that in the Main Relief Canal, but the aquatic plant loads can be almost as great. 2. The County operates a similar ATS system in IRFWCD's southwestern basin. Called Egret Marsh Regional Stormwater Park, the facility has been operating since June 2010 and the yearly estimated nutrient removals for it (based on operational data from June 2010 through August 16, 2010) are: total nitrogen = 6,900 pounds per year; and total phosphorus = 2 700 pounds per year. The proposed PC South ATS is expected to produce similar removal rates (this will be verified by the Part 1 pilot plant study). 3. Total Estimated Nutrient Removal — The total estimated nutrient removal for the full series screening system and the ATS system is. total nitrogen removed = 8,200 pounds per year and total phosphorus removed = 3,450 pounds per year. Project Description: Task .l - Perform Algal Turf Scrubber System Pilot Plant Study - Successfully construct an algal turf scrubber pilot plant on the south bank of the Indian River Farms Water Control District's South Relief Canal, approximately 1 mile west of U.S. Highway No. 1 and operate the pilot plant in accordance with the "Proposal for a Pilot Algal Turf Scrubber (ATS) System for Nitrogen and Phosphorus Removal from Stormwater and the 1 reatrnent and Re - Use of Reverse Osmosis Reject Water — PC -South Algal Turf Scrubber," dated December 15, 2009 (Revised August 19 2010), hereinafter referred to as "the Pilot Study Report" and attached as Exhibit "A"; and gather data as indicated in the Pilot Study Report for a six-month period. Deliverable: A report detailing the pilot plant study with projections of nutrient removals and design data for a full- scale system. Timeline for completion: Begin construction of pilot plant 11/4/2010; Begin six-month monitoring program 1/17/2011; Complete monitoring program 7/17/2011; Complete final report 8/17/2011. Budget Information: Contractual' Installation and operation of the pilot plant study will be contracted to Hydromentia, Inc. for the total amount of $188,000 (FDEP=$94,000/Grantee=$94,000). Task 2 - Phase 1 Final Design, Permitting, Bidding and Award of Construction Contract: (1) Design the PC South project, which includes a full-scale algal turf scrubber (ATS) a series screening system with self-cleaning trash rakes, debris conveyors, pump station associated structures, and facilities. (2) Obtain all permits required for construction of the PC South project (3) Prepare bidding documents (4) Bid the project for construction (5) Award the construction contract. Deliverable: (1) A complete set of construction plans for Phase 1 (2) Copies of all required permits (3) Copy of bidding documents (4) Copy of advertisement for bid Revised 7/10 DEP Agreement LP31010, Attachment A, Page 2 of 4 Part 3 — Construction — Depending on funding, construction may proceed in phases: The first phase will include construction of the series screening system s concrete treatment channel and concrete skeleton for the screens, at least one 1" diameter self-cleaning trash rake, diversion weirs, a duplex pumping station, piping, and an ATS facility. The second phase will consist of installing the remaining self-cleaning trash rakes and controls in the concrete treatment channel. Projected Nutrient Removal: 1. A similar series screening system exists in the IRFWCD's Main Relief Canal. Based on preliminary operational data, the facility's yearly estimated nutrient removal projections are: total nitrogen removed = 1,300 pounds per year; and total phosphorus removed = 750 pounds per year. Projected nutrient removal rates for a fully built -out similar series screening facility in the South Relief Canal should be near those estimated for the Main Relief Canal facility. The flow in the South Relief Canal is less than that in the Main Relief Canal, but the aquatic plant loads can be almost as great. 2. The County operates a similar ATS system in IRFWCD's southwestern basin. Called Egret Marsh Regional Stormwater Park, the facility has been operating since June 2010 and the yearly estimated nutrient removals for it (based on operational data from June 2010 through August 16, 2010) are: total nitrogen = 6,900 pounds per year; and total phosphorus = 2 700 pounds per year. The proposed PC South ATS is expected to produce similar removal rates (this will be verified by the Part 1 pilot plant study). 3. Total Estimated Nutrient Removal — The total estimated nutrient removal for the full series screening system and the ATS system is. total nitrogen removed = 8,200 pounds per year and total phosphorus removed = 3,450 pounds per year. Project Description: Task .l - Perform Algal Turf Scrubber System Pilot Plant Study - Successfully construct an algal turf scrubber pilot plant on the south bank of the Indian River Farms Water Control District's South Relief Canal, approximately 1 mile west of U.S. Highway No. 1 and operate the pilot plant in accordance with the "Proposal for a Pilot Algal Turf Scrubber (ATS) System for Nitrogen and Phosphorus Removal from Stormwater and the 1 reatrnent and Re - Use of Reverse Osmosis Reject Water — PC -South Algal Turf Scrubber," dated December 15, 2009 (Revised August 19 2010), hereinafter referred to as "the Pilot Study Report" and attached as Exhibit "A"; and gather data as indicated in the Pilot Study Report for a six-month period. Deliverable: A report detailing the pilot plant study with projections of nutrient removals and design data for a full- scale system. Timeline for completion: Begin construction of pilot plant 11/4/2010; Begin six-month monitoring program 1/17/2011; Complete monitoring program 7/17/2011; Complete final report 8/17/2011. Budget Information: Contractual' Installation and operation of the pilot plant study will be contracted to Hydromentia, Inc. for the total amount of $188,000 (FDEP=$94,000/Grantee=$94,000). Task 2 - Phase 1 Final Design, Permitting, Bidding and Award of Construction Contract: (1) Design the PC South project, which includes a full-scale algal turf scrubber (ATS) a series screening system with self-cleaning trash rakes, debris conveyors, pump station associated structures, and facilities. (2) Obtain all permits required for construction of the PC South project (3) Prepare bidding documents (4) Bid the project for construction (5) Award the construction contract. Deliverable: (1) A complete set of construction plans for Phase 1 (2) Copies of all required permits (3) Copy of bidding documents (4) Copy of advertisement for bid Revised 7/10 DEP Agreement LP31010, Attachment A, Page 2 of 4 (5) Copy of construction contract award. Timeline for completion: (1) Phase 1 final design and permitting = Begin 8/1/2011, Complete 7/31/2012 (2) Preparation of bidding documents and bidding project for construction = Begin 7/31/2012; Complete 10/31/ 2012 (3) Award construction contract = 2/1/2013 Budget Information • Contractual: Professional consulting engineering services for electrical, structural, and geotechnical disciplines. Estimated to be $200,000 provided as match by the Grantee. Task 3 - Phase 1 Construction - Successfully construct and operate PC South Phase 1, which includes, but may not be limited to the series screening system's concrete treatment channel and concrete skeleton for the screens, at least one 1" diameter self-cleaning trash rake, diversion weirs, a duplex pumping station, piping, and an ATS facility. Deliverable: Certification that construction of PC South Phase 1 is complete in accordance with the approved construction documents and the project is operating in accordance with the design intent. Timeline for completion: Begin 2/28/2013; Complete 3/1/2014 Budget Information: Contractual: Construction of PC South Phase 1. Estimated to be $11,500,000 (FDEP=$156,000/Grantee=$11,344,000). Task 4 - Phase 1 Water Quality Monitoring - Perform a water quality monitoring program as required by FDEP. Need more details on the required monitoring Deli} erable: (1) Project Quality Assurance Protect Plan (QAPP) (2) Final Project Report summarizing the Phase 1 system's pollution removal capabilities. Where are these requested? Timeline for completion: (1) Submit QAPP for approval = 8/1/2013 (2) Complete water quality monitoring program = 6/1/2014 Budget Information: Contractual: Preparation of QAPP-by an engineering consultant estimated to be $25 000. Water quality monitoring program (professional engineering consultant and testing laboratory) estimated to be $200,000. Grantee is providing $225,000 in match for this task. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 7/10 DEP Agreement LP31010, Attachment A, Page 3 of 5' (5) Copy of construction contract award. Timeline for completion: (1) Phase 1 final design and permitting = Begin 8/1/2011, Complete 7/31/2012 (2) Preparation of bidding documents and bidding project for construction = Begin 7/31/2012; Complete 10/31/ 2012 (3) Award construction contract = 2/1/2013 Budget Information • Contractual: Professional consulting engineering services for electrical, structural, and geotechnical disciplines. Estimated to be $200,000 provided as match by the Grantee. Task 3 - Phase 1 Construction - Successfully construct and operate PC South Phase 1, which includes, but may not be limited to the series screening system's concrete treatment channel and concrete skeleton for the screens, at least one 1" diameter self-cleaning trash rake, diversion weirs, a duplex pumping station, piping, and an ATS facility. Deliverable: Certification that construction of PC South Phase 1 is complete in accordance with the approved construction documents and the project is operating in accordance with the design intent. Timeline for completion: Begin 2/28/2013; Complete 3/1/2014 Budget Information: Contractual: Construction of PC South Phase 1. Estimated to be $11,500,000 (FDEP=$156,000/Grantee=$11,344,000). Task 4 - Phase 1 Water Quality Monitoring - Perform a water quality monitoring program as required by FDEP. Need more details on the required monitoring Deli} erable: (1) Project Quality Assurance Protect Plan (QAPP) (2) Final Project Report summarizing the Phase 1 system's pollution removal capabilities. Where are these requested? Timeline for completion: (1) Submit QAPP for approval = 8/1/2013 (2) Complete water quality monitoring program = 6/1/2014 Budget Information: Contractual: Preparation of QAPP-by an engineering consultant estimated to be $25 000. Water quality monitoring program (professional engineering consultant and testing laboratory) estimated to be $200,000. Grantee is providing $225,000 in match for this task. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 7/10 DEP Agreement LP31010, Attachment A, Page 3 of 5' Total Budget by Task and Deliverables: The tasks and deliverables identified here should agree with the tasks and deliverables identified and described above. Identify the deliverables for the tasks as follows: la, lb, etc. Do not list required progress reports and final reports as deliverables as they are required under all agreements and are not project specific. 1 la 2 2a 2b 2c 2d 2e 3 3a Tasks Perform Algal Turf Scrubber Pilot Plant Study Report summarizing results of pilot plant study and data for final design Phase 1 Final Design, Permitting, Bidding, and Award of Construction Contract A complete set of construction plans for Phase 1 Copies of all required permits Copy of bidding documents Copy of advertisement for bid Copy of construction contract award Phase 1 Construction Certification that construction is complete and the project is operating. DEP Funding $94,000 Matching Funds and Source Matching Funds Source of Funds $94,000 Indian River County or other grant sources -$0- $200,000 Indian River County $156,000 $11,344,000 Indian River County and other grant sources 4 Phase 1 Water Quality Monitoring -$0- $225,000 Indian River County and other grant sources 4a Project Quality Assurance Project Plan (QAPP) Revised 7/10 DEP Agreement #####, Attachment A, 1.4 a 5 Total Budget by Task and Deliverables: The tasks and deliverables identified here should agree with the tasks and deliverables identified and described above. Identify the deliverables for the tasks as follows: la, lb, etc. Do not list required progress reports and final reports as deliverables as they are required under all agreements and are not project specific. 1 la 2 2a 2b 2c 2d 2e 3 3a Tasks Perform Algal Turf Scrubber Pilot Plant Study Report summarizing results of pilot plant study and data for final design Phase 1 Final Design, Permitting, Bidding, and Award of Construction Contract A complete set of construction plans for Phase 1 Copies of all required permits Copy of bidding documents Copy of advertisement for bid Copy of construction contract award Phase 1 Construction Certification that construction is complete and the project is operating. DEP Funding $94,000 Matching Funds and Source Matching Funds Source of Funds $94,000 Indian River County or other grant sources -$0- $200,000 Indian River County $156,000 $11,344,000 Indian River County and other grant sources 4 Phase 1 Water Quality Monitoring -$0- $225,000 Indian River County and other grant sources 4a Project Quality Assurance Project Plan (QAPP) Revised 7/10 DEP Agreement #####, Attachment A, 1.4 a 5 4b Final Project Report summarizing the Phase 1 system's pollution removal capabilities Total: $250,000 $11,863,000 Project Total: $12,113,000 Revised 7/10 DEP Agreement #####, Attachment A, S Oc 5 4b Final Project Report summarizing the Phase 1 system's pollution removal capabilities Total: $250,000 $11,863,000 Project Total: $12,113,000 Revised 7/10 DEP Agreement #####, Attachment A, S Oc 5 ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. Grantee/Recipient INDIAN RIVER COUNTY 2 Project Number LP31010 Date of Request 3. Disbursement Request Number 4. Type of Request Partial [ 5. Federal Employer Identification Number 6. Mail ❑ EFT ❑ Send Remittance to: Required Match % Final El Disbursement Details (cumulative amounts rounded to the nearest dollar) 1. Professional Services (attach invoices) 2 Construction and Demolition (attach invoices) 3. Equipment (attach invoices) 4. Land (attach invoices) 5. Other (list - must be specified in Project Work Plan) 6. Total cumulative to date 7. Disbursements previously requested 8. Amount requested for disbursement (line 6 minus line 7) $( ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee Florida 32399-2400 DEP Agreement No. LP31010, Attachment B, Page 1 of 3 ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. Grantee/Recipient INDIAN RIVER COUNTY 2 Project Number LP31010 Date of Request 3. Disbursement Request Number 4. Type of Request Partial [ 5. Federal Employer Identification Number 6. Mail ❑ EFT ❑ Send Remittance to: Required Match % Final El Disbursement Details (cumulative amounts rounded to the nearest dollar) 1. Professional Services (attach invoices) 2 Construction and Demolition (attach invoices) 3. Equipment (attach invoices) 4. Land (attach invoices) 5. Other (list - must be specified in Project Work Plan) 6. Total cumulative to date 7. Disbursements previously requested 8. Amount requested for disbursement (line 6 minus line 7) $( ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION TO: ** Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee Florida 32399-2400 DEP Agreement No. LP31010, Attachment B, Page 1 of 3 Grant Manager's Certification of Disbursement Request (name of Grantee's Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Agreement; 2 Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records; 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts; 4. All funds received to date have been applied toward completing the project; and 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP31010, Attachment B, Page 2 of 3 Grant Manager's Certification of Disbursement Request (name of Grantee's Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Agreement; 2 Materials, labor, equipment, and/or services representing costs included in the amount requested have been satisfactorily purchased, performed or received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation which are filed in the Grantee's permanent records; 3. The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts; 4. All funds received to date have been applied toward completing the project; and 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP31010, Attachment B, Page 2 of 3 Engineer's Certification of Disbursement Request I, , being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2 Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been subnutted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are identified and attached hereto. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. LP310I0, Attachment B, Page 3 of 3 Engineer's Certification of Disbursement Request I, , being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2 Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been subnutted to the Department; and 6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing to the Department or are identified and attached hereto. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. LP310I0, Attachment B, Page 3 of 3 ATTACHMENT C PROGRESS REPORT FORM DEP Agreement No. LP31010, Attachment C, Page 1 of 2 DEP Agreement No.: LP31010 Grantee Name. INDIAN RIVER COUNTY Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP31010, Attachment C, Page 1 of 2 ATTACHMENT C PROGRESS REPORT FORM DEP Agreement No. LP31010, Attachment C, Page 1 of 2 DEP Agreement No.: LP31010 Grantee Name. INDIAN RIVER COUNTY Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. LP31010, Attachment C, Page 1 of 2 (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Provide a project Budget Category budget update, comparing Total Project Budget the project Expenditures Prior to this Reporting Period budget to actual Expenditures this Reporting Period costs to date. Project Funding Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP31010 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP Agreement No. LP31010, Attachment C, Page 2 of 2 Date (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Provide a project Budget Category budget update, comparing Total Project Budget the project Expenditures Prior to this Reporting Period budget to actual Expenditures this Reporting Period costs to date. Project Funding Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP31010 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP Agreement No. LP31010, Attachment C, Page 2 of 2 Date ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor" or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS' below), monitoring procedures may include, but not be limited to, on-site visits by Department staff limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133 as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at http://12.46.245.173/cfda/cfda.html. DEI 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 1 of 5 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor" or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS' below), monitoring procedures may include, but not be limited to, on-site visits by Department staff limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133 as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the Internet at http://12.46.245.173/cfda/cfda.html. DEI 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends Tess than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fidfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http //www.leg.state.fl.us/Welcome/mdex.cfm, State of Florida's website at http://www.myflonda.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.f1us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 2 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends Tess than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fidfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http //www.leg.state.fl.us/Welcome/mdex.cfm, State of Florida's website at http://www.myflonda.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.f1us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2) OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c) OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following* A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 11 1 West Madison Street Tallahassee Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DFP 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 3 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2) OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c) OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following* A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 11 1 West Madison Street Tallahassee Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DFP 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 3 of 5 4. Copies of reports or management letters required by PART I11 of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 4 of 5 4. Copies of reports or management letters required by PART I11 of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. LP31010, Attachment D, Page 4 of 5 DEP Agreement No. LP31010, Attachment D, Page 5 of 5 �� rD (J CD A a • r, 1 J ^t W CD n "h CD O a 0 cr n co Q n o CJ' fl 0 < N n n' O -� E— a. C n ca. -LJ.L O C � C CD n a 'Y h � y nPP) o P0 9 n CAa 0o _Et O A) ? co yo FNS c7, cD !r N an ..0 n� a 1 I'I crCD C P -a tn a a 5 `< n - n w W ^ ..yo LA L W 4 Cra T3 al) P a UQ cn PZ X 0 -. 5 cAF). CD an fp Y a' -' -' n co 0 C7 '1 fp, 0 94. 0 Y Plumb' WWI C/p a 0 0 ►j Ley lel n "O z 0 rip z m Li Cn cipn 0 0 0 i —118111X3 Federal Program Number ;erns 1101 Federal Agency led to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal 0 a 18 — Ecosystt nt and n Trust Fund CFDA Title N O_ O N O H Funding Amount 37.039 CSFA Title 'A or ber Funding Source Description Funding A State Appropriation Category Statewide Surface Water Restoration and Wastewater Projects N 0 O l 0 0 O 0 0 a 1 H C/p a 0 0 ►j Ley lel n "O z 0 rip z m Li Cn cipn 0 0 0 i —118111X3 Federal Program Number Federal Agency led to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal 0 a CFDA Title Funding Amount State Appropriation Category C/p a 0 0 ►j Ley lel n "O z 0 rip z m Li Cn cipn 0 0 0 i —118111X3 DEP Agreement No. LP31010, Attachment D, Page 5 of 5 �� rD (J CD A a • r, 1 J ^t W CD n "h CD O a 0 cr n co Q n o CJ' fl 0 < N n n' O -� E— a. C n ca. -LJ.L O C � C CD n a 'Y h � y nPP) o P0 9 n CAa 0o _Et O A) ? co yo FNS c7, cD !r N an ..0 n� a 1 I'I crCD C P -a tn a a 5 `< n - n w W ^ ..yo LA L W 4 Cra T3 al) P a UQ cn PZ X 0 -. 5 cAF). 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';saaa;ut panaaae /Cue leg; sou -pads ;apa;uoa/;upa2 alp; ;I :suoraana;sul roads (aiea) (azn;eu8!s s,aa2eueiN;oafoad) ;o se d2a o; anp aaueieq;saaa;ul s ;o se dEQ o; pied Isa.ra;ur;o;unowd •i; o; jo pond .&utaanoa spun; paauenpe uo pampa Isamu!' aigeit?AU aidpuud 2urpun; aauenpe aaueieg o; jo pouad 2uuanoa zopea;uoa Xq pauan;aa 10 papuadxa aidpurad spunj paauenpd pasangsrp 2uipunj aauenpe ieprul •£ z •L • arm; za;e' ou spaoaaa ano zo; papaau st uopewzo;ur 2utntoiio; aq; 'pea;uoa paauaaa;aa anoge aq; ;o swag; aq; pue 'aaat;;O IerauPuts pup aq; jo Tenoadde aauenpe 'anp ;saza;ur zo jpue spun; paauenpe ati; ;o not;pod pasnun alp uo snip;s aq; airpdn o; zapao ul •pa;aidap uaaq anuq spunj Iip Tpun ;unoaae &uuuaq ;saaa;ur Lir o;ut pa;isodap aq o; pannbaa aq Xuw swam/Cud aauenpe 'sa;n;e;s eptao13 '(9L)tgt•9LZ uopaas o; ;uensand :dSQ o; anQ;saaa;ul •oN ;auz;uoJ-;uamXed °Dumpy gG SW '2trpunoaad puu aauuur33o nuaang ao;aaziQ 2uuunoaad puu aaueuid 'tniti3ne-layy epu!JUQ ISn[1fm2I SI11140 AdOD V NNOEL32I 4SVT Id'ONIIIILNid2I 110 ONIL2IOdd2I N�HM Y�If1aNd2IOL�idL�I QdNNIVd LSd2Id LNI - INEL%UCVd IJNVAaV 31NIF JHDV11V diva IN02I3 0 L ATTACHMENT F ADVANCE PAYMENT - INTEREST EARNED MEMORANDUM WHEN REPORTING OR REMITTING, PLEASE RETURN A COPY OF THIS REQUEST TO: FROM: Darinda McLaughlin, Finance and Accounting Director Bureau of Finance and Accounting, MS 78 DATE: SUBJECT: Advance Payment - Contract No. Interest Due to DEP: Pursuant to Section 216.181(16), Florida Statutes, advance payments may be required to be deposited into an interest bearing account until all funds have been depleted. In order to update the status on the unused portion of the advanced funds and/or interest due, advance approval of the Chief Financial Officer, and the terms of the above referenced contract, the following information is needed for our records no later than Initial advance funding disbursed 1. Advanced funds principle expended or returned by contractor covering period of to $ 2 Balance advance funding principle available $ 3. Interest earned on advanced funds covering period of to $ 4. Amount of interest paid to DEP as of $ 5. Interest balance due to DEP as of $ (Project Manager's Signature) (Date) Special Instructions: If the grant/contract specifies that any accrued interest, which is based upon a grant/contract advance payment(s), will not be paid to DEP until after termination of the grant/contract, the advance fund recipient shall complete report items 1 and 2 only for the first three quarters of the state s fiscal year. The report for the state's fourth fiscal year quarter shall include items 1, 2, 3, 4, and 5. Items 3, 4, and 5 will be the life to date interest If the contract states that no interest is due, quarterly reports of unexpended advances are required, lines 1 and 2 In all cases the line 1 and 2 reported amounts are on a cash basis for the advance payment principle. Do not include receivables, payables or interest previously paid to DEP. If the grant/contract requires quarterly accrued interest payments to DEP, the fund recipient must complete items 1 through 5 for each quarterly report. Payments of interest due to DEP shall be paid within the specifications of the contract/grant. Thank you for your cooperation in providing the above information. If you have questions, please contact Lydia Louis (850) 245-2452 in the Contracts Disbursement Section. DEP Agreement No. LP31010, Attachment F, Page 1 of 1 ATTACHMENT G ADVANCE PAYMENT JUSTIFICATON FORM Use of this form is not required unless the advance requested requires the prior approval of the State Chief Financial Officer. For advance requests that are equal to or less than the purchasing threshold of category two as defined in Section 287.017, Florida Statutes, and meet one of the advance payment requirements identified in Section 215 422(14), Florida Statutes, use of this form is waived. However, the purchase requisition or contract review form must clearly identify the criteria being met under 215.422(14), Florida Statutes that allows the advance to be made without prior Chief Financial Officer's approval. DEP Agreement No. LP31010, Attachment G, Page 1 of 3 Name/Address of the Vendor/Recipient: Contact Person/Phone No.: Agreement No./Purchase Order No. (if known): LP31010 Commodities/Services/Project Description: Organizational Structure (i.e. local gov't, non-profit corporation, etc.) Value of Purchase or Grant: Advance Payment Amount Requested: Period Advance Payment to Cover: 90 days startup Quarterly ❑ Full Contract Period ❑ Other (specify): ■ ❑ Indicate Statutory Authority: ❑ 215.422, F.S ❑ 216.181, F.S. GAA Year and Line Item Info: SFY: Line Item: 1. Reason advance payment is required: 2. The following information required for advances requested pursuant to 215.422, Florida Statues (and the Reference Guide for State Expenditures) which exceed the purchasing threshold of category two as defined in 287.017, Florida Statues. A. Document, greater (%) savings the State, 850/413-3165 than if applicable, the cost savings the amount the State would to be realized. In calculating information may be obtained regarding the current Treasury to be incurred as a result of an earn by investing the funds and paying the percent savings as compared to from the Department of Financial earnings rate. advance the Services, payment that are equal or in arrears. Include the percent percent that can be earned by Division of Treasury at B. 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Identify the procurement method used to select the vendor. 3. The following information required for advances to Governmental Entities and Non -Profits pursuant to 216.181, Florida Statutes. (Limited to GAA Authorized, Statutorily Authorized, and Grant & Aid Appropriation Categories O5XXXX or 14XXXX) A The entity acknowledges the requirement to invest advance funds in an interest bearing account and to remit interest earned to the Department on a quarterly basis. Provide a description of how the entity intends to invest the advanced funds and track the interest earned on the advanced funds: Remittances must: 1) be identified as interest earnings on advances, 2) must identify the applicable DEP Agreement (or Contract) No., and 3) be forwarded to the following address: Florida Department of Environmental Protection Bureau of Finance and Accounting Receipts Section P.0 Box 3070 Tallahassee, Florida 32315-3070 8. A letter requesting advance payment from the recipient, on its letterhead, must be attached. DEP 55-222 (03-02) DEP Agreement No. LP3 1010, Attachment G, Page 2 of 3 DEP 55-222 (03-02) DEP Agreement No. LP3 1010, Attachment G, Page 3 of 3 3. The recipient must provide an estimated budget for each quarter covered by the agreement. summary information should include salaries, fringe benefits, overhead, contracts (specify services be contracted out), equipment, if authorized (specify items to be purchased), supplies, travel, other costs. A sample summary format is provided below. The summary should include the breakdown for each quarter agreement period. The to and of the Description First Quarter Second Quarter Third Quarter Fourth Quarter Salaries (identify personnel/titles) Fringe Benefits Contractual Services (list services costs) and estimated Equipment (identify each item and cost) Supplies Travel Other (specify) Overhead/Indirect Total: Certification The forgoing By: Statement information request for advance issues facing the is presented to the Florida Department of Environmental Protection payment. I certify that the information provided accurately reflects entity at this time. in support of our the financial Type Name of Signatory: Date Title: Chief Financial Officer or designee DEP Program Area Review/Approval Recommendation: ❑ Approve Request By: ❑ Deny Request Type Title: Name of Signatory: Bureau: Date Division: The DEP Program Area should forward Contracts Disbursements Section will and legislature consultation, as appropriate. this information to the Contracts Disbursements Section at forward requests for advance payment to the State Comptroller MS78. for review The Bureau of Finance & Accounting Use Only DEP 55-222 (03-02) DEP Agreement No. LP3 1010, Attachment G, Page 3 of 3 £do E a5ud `0 luawyaelld '01 01 Ed/ 60N luawaaay d3Q (ZO-E0) ZZE-agg dal Aluo asp oubunoaay'8 aaueuid JO neawing MOInawi aqi •aleudowidde aol wiallowildwoJ alelS a41 04 luawAed aauenpe wiol sisanbawi pwieMJol 4815N le uogaaS sluawaswingsia siaewiluo0 aul 04 uoilewaolui sial paennaol se 'uogellnsuoa awinlelstbal pue IlIM uoIaag sluawaswingsla slaewiluoJ pinogs eawiy wewi6oad d9a aql :uoisinia algia :neaing :allil :Awioleu6;s to aweN adAj ;sanbau Auaa :Ag ;sanbaa anoaddy 1 :uoi;epuawwo3ab lenowiddy/nnainad ea -JV wewibowid d9a Ietaueuil wino jo aau6isap wio wi9Dl110 algia :Awioleu6is leiaueLnd la!gj :awl jo aweN adAj aql spallawi lwioddns ui •awq s!ql le Alqua Alalewinaae papinowid uogewwiolui aul lew Al!lwiaa 1 •luawAed aauenpe uollaaload leluawuowiinu3 jo luawlwiedaa epuold ow of paluasawid si aql 6uoel sanssi wiol lsanbawi uogewwiolui 6ulo6wiol luawalelS uolleo!lllaaJ :Ag au :1E101 pawilpuI/peayaan0 (Wads) wiayl0 lanewil sailddns (lson pue wall yea Alquapi) luawdinbj palewgsa pue saDinaas (slsoa lsil) saainwiaS lenlaewiluo0 slilauag a6uud (salla/lauuoswiad Alquapi) saueleS aapenb gpnod aapenb palyl aaienb puoDag aaienb;sa!J uol;diaasaa aql 40 wialwienb pue 'lana; o; s9DIAJOS 041 •;uawaaa6e •popad luawaawi5e yaea aol unnoplea.iq aql apnpui pinogs Awiewwns ayl •nnolaq papinoad s! lewwiol Awiewwns aldwes y •s;soa aaglo 'sailddns '(pasegaand aq o; swa;l A;pads) paziaoy;ne ;l ';uawdlnba '(;no papea;uo3 aq A;iaads) s;oea;uo3 'peayaano 's;i;auaq a6ula; 'saueles apnpui pinogs uolewao;ui Aaewwns ay; Aq paaanoa aapenb tpea ao; ;a6pnq pa;ewl;sa ue apinoad ;snw ;ualdnaa 941 '£ DEP Agreement No. LP31010, Attachment H, Page 1 0 m 1-u 0 •c m z m M z H z O t Po Le, n - 0 - ' CD co C• c 0- z - CD `r1 n„ =. n ▪ n • ny RV P n • C CD - CD ... VO w H n o• w DrtCD• n GJ� w • n eD O c Q' n n o 1 co 0 W cr o o ▪ H co S 7 co -5 v 9 CD CD ca 0 n CD C -0 o o n a N w N• � n S `s -11 3 d ^0 0 Q- '5' o' n • o 0 -h yr-. n o D (t n 9 ro (o D cro n n 9 (D • 0 m v m z n m D z 0 D n n 0 z' DEP Grant Manager Signature: © tor 0 r1' tsT els eD C _W • O CA M A C = N E O o CIO c rt. A °A B o ti M• 3 S CDD • O C A94. 0 = O S y A O. • ro n co n O t7 o ova o'er ea n T • o n N M O Oy K m o n imire S ix n eD c3 a L rD C rat - e et no to n o n • n • =• a et C n 9 C .' 9 o f9 CPACD o z T co eD T7 0 h two • C' (a et o r -oa o A s@ co O wit y. O n An 0 d — A'INO 3Sfl d3Q 1I03 MO'I38 �33ZNd2IrJ d co o o.ts ro • CSD y o CD = o co -t n o n ti in • acr n. ,o a• • co o "' w a 9 co Cq acc) CD O 0rD co n 0-n P n •-< n OVA' n . b Q S O Ele • co O G - O • `< O • t -1 O EFL: w o 0 0 n C 0.'b 7 C t o a' • fDa ✓ n. c n n 00 cr • n 0 b C--7) o o 'U < o y P ro D n n - CD 2 •o w n `" 5 0 CD "1 c.• ch ? — • rn co ry(�pp o N n co a2 * (tea C n O CD n (D ' co • n CA 5.• 1; D O. w a 2 n •o cn n r 0 rn m < o CD O Coil O O • - h vim', • P a 0- n H INAIAIHDV.LIV b no n Z.0 0 O t 0 0 w LOCATION/ADDRESS o o.ts ro • CSD y o CD = o co -t n o n ti in • acr n. ,o a• • co o "' w a 9 co Cq acc) CD O 0rD co n 0-n P n •-< n OVA' n . b Q S O Ele • co O G - O • `< O • t -1 O EFL: w o 0 0 n C 0.'b 7 C t o a' • fDa ✓ n. c n n 00 cr • n 0 b C--7) o o 'U < o y P ro D n n - CD 2 •o w n `" 5 0 CD "1 c.• ch ? — • rn co ry(�pp o N n co a2 * (tea C n O CD n (D ' co • n CA 5.• 1; D O. w a 2 n •o cn n r 0 rn m < o CD O Coil O O • - h vim', • P a 0- n H INAIAIHDV.LIV DEP Agreement No. LP31010, Attachment H, Page 1 0 m 1-u 0 •c m z m M z H z O t Po Le, n - 0 - ' CD co C• c 0- z - CD `r1 n„ =. n ▪ n • ny RV P n • C CD - CD ... VO w H n o• w DrtCD• n GJ� w • n eD O c Q' n n o 1 co 0 W cr o o ▪ H co S 7 co -5 v 9 CD CD ca 0 n CD C -0 o o n a N w N• � n S `s -11 3 d ^0 0 Q- '5' o' n • o 0 -h yr-. n o D (t n 9 ro (o D cro n n 9 (D • 0 m v m z n m D z 0 D n n 0 z' DEP Grant Manager Signature: © tor 0 r1' tsT els eD C _W • O CA M A C = N E O o CIO c rt. A °A B o ti M• 3 S CDD • O C A94. 0 = O S y A O. • ro n co n O t7 o ova o'er ea n T • o n N M O Oy K m o n imire S ix n eD c3 a L rD C rat - e et no to n o n • n • =• a et C n 9 C .' 9 o f9 CPACD o z T co eD T7 0 h two • C' (a et o r -oa o A s@ co O wit y. O n An 0 d — A'INO 3Sfl d3Q 1I03 MO'I38 �33ZNd2IrJ d co o o.ts ro • CSD y o CD = o co -t n o n ti in • acr n. ,o a• • co o "' w a 9 co Cq acc) CD O 0rD co n 0-n P n •-< n OVA' n . b Q S O Ele • co O G - O • `< O • t -1 O EFL: w o 0 0 n C 0.'b 7 C t o a' • fDa ✓ n. c n n 00 cr • n 0 b C--7) o o 'U < o y P ro D n n - CD 2 •o w n `" 5 0 CD "1 c.• ch ? — • rn co ry(�pp o N n co a2 * (tea C n O CD n (D ' co • n CA 5.• 1; D O. w a 2 n •o cn n r 0 rn m < o CD O Coil O O • - h vim', • P a 0- n H INAIAIHDV.LIV b no n Z.0 0 O t 0 0 w LOCATION/ADDRESS o o.ts ro • CSD y o CD = o co -t n o n ti in • acr n. ,o a• • co o "' w a 9 co Cq acc) CD O 0rD co n 0-n P n •-< n OVA' n . b Q S O Ele • co O G - O • `< O • t -1 O EFL: w o 0 0 n C 0.'b 7 C t o a' • fDa ✓ n. c n n 00 cr • n 0 b C--7) o o 'U < o y P ro D n n - CD 2 •o w n `" 5 0 CD "1 c.• ch ? — • rn co ry(�pp o N n co a2 * (tea C n O CD n (D ' co • n CA 5.• 1; D O. w a 2 n •o cn n r 0 rn m < o CD O Coil O O • - h vim', • P a 0- n H INAIAIHDV.LIV Instructions for Completing the Direct Contract Attachment 1 "Quality Assurance Requirements" The following is revised contract language to be used when sampling and/or analysis activities are a part of a Department direct contract and will be included as an attachment. This attachment consists of three different sections: ► The attachment "Quality Assurance Requirements", which should be used with no modifications (except as noted below). ► Addendum 1 — Identifies any modifications to the "Quality Assurance Requirements" attachment (see instructions below) ► Quality Control (QC) Requirements: ® Addendum 2 — Outlines additional quality control requirements for laboratories that provide chemical testing services This must be used with any contract with proposed chemical testing. Attach with no modifications. Any deletions or additions to these requirements must be specified in Addendum 1. • Addendum 3 — Outlines additional quality control requirements for microbiology. Use if microbiology is part of the proposed scope of services. Attach with no modifications. Any deletions or additions to these requirements must be specified in Addendum 1. Other QC Addenda are being developed to address other types of laboratory services, such as taxonomic identification biological assessments, toxicity testing, etc. If there is an immediate need for these addenda, please call the Environmental Assessment Section (SC 205-8065 or 850-245-8065) and ask for Silky Labie, Michael Blizzard or Andy Tintle. QUALITY ASSURANCE REQUIREMENTS 1 These items must be added to the attachment "Quality Assurance Requirements" (Note: all items for possible modification are highlighted in the "Quality Assurance Requirements" template. Remove all highlights when the items have been added): ► Attachment letter identification in the header and footer. ► Solicitation number in the footer. ► Changes in pagination. ► Identification of the planning document (see 2 below). ► Except for Item 6.a, all other information in "Quality Assurance Requirements" must remain unchanged 2. Planning Document: Item 6.a - Identify the type of planning document that is required Complete the last sentence of 6.a by deleting the irrelevant plan types and completing the phrase " .. . shall be submitted as a ..." ► A QAPP is required if the grant or contract agreement will use EPA funds. ► A Research Plan is required if the scope of services relates to research as defined in the QA rule. Note. most 'research proposals" are applied research, which does not fit the definition of a research plan. ► If a QAPP is not required, and the scope of services is not research, then a Sampling and Analysis Plan must be specified. Note: in rare cases when a planning document is not required, delete Section 6 from the attachment. 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Aidde jou scop wap pe g611y61y e jI msuoneonlpow pue suondo aae . wnpuappy ul suonoas paay6liy6ly aqi mZ uogeui6ed ui se6uegO aalooj pue aim eqj ul aagwnu uogepollos eqj • Jalooj pue Jepeeq eql, u! uogeonguapl Jan}al juawyoepe eqj :swa;i bumolloJ aq; ppe pue jnnolaq uogewJo;u! leuofa<lppe Jas) 6 wnpuappy jo suogoas ale ajaldwoo isnw noA a t, wnpuappy ul pals1l aq isnw sanangoe AJol.eaogei pue play ol. 6ugelaJ swap loei;uoo paleno6eu Jaya° JO sTuewaalnbaa leuoglppe `suo!jeonlpow Aue 'seGuego ou qpm loejluoo aqj of pappe eq isnw luawgoepe„sauewa.linbaj eoueinssy Xpjen0„ eql, LOUIS 1N3WH3V11d«SLN3W381f703d 30NVLIfSStiAinb'flb„ 31-11 01 SNOI1V3I314OW — 1 INnON3a4V ADDENDUM 1 — MODIFICATIONS TO THE "QUALITY ASSURANCE REQUIREMENTS" ATTACHMENT Since the "Quality Assurance Requirements" attachment must be added to the contract with no changes, any modifications, additional requirements or other negotiated contract items relating to field and laboratory activities must be listed in Addendum 1. 1. You must complete all sections of Addendum 1 (see additional information belowl and add the following items. • The attachment letter identification in the header and footer • The solicitation number in the title and footer • Changes in pagination 2. The highlighted sections in Addendum 1 are options and modifications. If a highlighted item does not apply to this contract, indicate "none" or "not applicable" for the option or modification. a. Do not delete any item from the addendum. b. Cite the section and sub section reference to Quality Assurance Requirements for all options and modifications c. Remove all highlighting when sections are completed 3. Complete each section of Addendum 1 as indicated: LABORATORIES ► If it has been determined that some of the laboratory tests are exempt from certification, specify the test method and laboratory to which the exemption applies. ► Add other additional requirements as necessary. ► Use Addendum 2 when chemistry is part of the scope of services The addendum should be included without modifications. If there are negotiated modifications to be made, list these as items under this section. ► Use Addendum 3 when microbiology is part of the scope of services. The addendum should be included without modifications. If there are negotiated modifications to be made, Inst these as items under this section. ► Delete the addenda that are not applicable to this contract. FIELD ACTIVITIES (SECTION 3) ► Identify any additional standard operating procedures that must be used for this contract that are not included in the DEP SOPs (DEP-SOP-001/01, February 1, 2004). REPORTING, DOCUMENTATION AND RECORDS RETENTION (SECTION 4) ► If the Contract requires that additional records other than those required by rule be retained, the document types must be listed. Specify the documents or document types. ► If the Contract requires electronic deliverables, you must specify the software program(s) Of applicable) format and content of the deliverables. ► If the Contract requires a specific format for reports the content and format must be specified. Note: do not delete any of the specified information for reports from certified laboratories, however additional information may be requested. ► Identify additional information that must be reported for laboratory or field, respectively. ► Normally, legal chain of custody is only required when the contractor will be supporting compliance or enforcement cases. QA Contract Language Instructions Page a of January 2005 AUDITS (SECTION 5) ► Specify the due date for the first planning review audit report. PLANNING DOCUMENT (SECTION 6) ► Specify the manner in which modifications to the approved document are to be provided to DEP ► Delete the inapplicable planning document options. ADDENDA 2 AND 3 — QUALITY CONTROL REQUIREMENTS ► Use Addendum 2 when chemistry is part of the scope of services. Include the addendum without modifications. If there are negotiated modifications to be made, list the modifications in the applicable section of Addendum 1. ► Use Addendum 3 when microbiology is part of the scope of services. Include the addendum without modifications. If there are negotiated modifications to be made, list the modifications in the applicable section of Addendum 1. ► When either addendum 2 or 3 are used you must add the following: • The attachment letter identification in the header and footer • The solicitation number in the title and footer • Changes in pagination 9 QA Contract Language Instructions Page iii of iu January 2005 9002 tienuer 6 Hi Hi a6ed suo:pnalsul aben6uei laaquoo vo uo!;eu!6ed ui sa6ueya • rapo; pue awl ay; ui aaqurnu uoge;iauos NI • Ja;oo; pue aapeay ay; Li! uoneoi;i;uap! Jena! ;uauayoe4e NI • :Bu!Moito; aq; ppe;snug noA pasn are g ro g wnpuappe raq;ia uagM 1 wnpueppy;o uoipas algealidde ay} ui suoueoippow ay; ;sib 'apew aq o; suoreol;ipoua pa;ego6au aae @Jay;•suoi;eai;ipoW;noy;IM wnpuappe ay; apnIaui asa3Inaas;o adoos ay;lo %Jed s! 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All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract' (DEP-QA-002/02), February 2002. 2. LABORATORIES a. The CONTRACTOR shall ensure that all laboratory testing activities are performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP) for all applicable matrix/method/analyte combinations to be measured. b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for certification within one month of Contract execution. Within six months of Contract execution the laboratory shall be fully certified for all applicable matrix/method/analyte combinations to be performed. Regardless of when the laboratory receives certification, the laboratory must implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution. c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub -contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before any change to a sub -contracted laboratory is made d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub -contracted laboratory shall be provided to the DEP contract manager upon Contract execution or upon receiving DoH certification (see items 2.a and 2.b above) e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability (IDOC), as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOL documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data for this Contract. If requested by the Department, documentation that supports the IDOC shall be made available for review f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall obtain, analyze and evaluate performance test samples standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter known collectively as quality control check (QCC) samples. (i) The laboratory shall ensure that the selected QCC samples(s) represent all matrix/method/analyte combinations that are not subject to certification requirements. (ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable range established by the QCC sample provider (iii) Before providing analytical services for this Contract, the laboratory must provide to the DEP contract manager the results of the QCC sample(s) and the associated acceptable range(s) as established by the QCC sample provider. The submitted results must be from QCC samples that have been completed within the previous six months prior to the submission date g. Any non-standard laboratory procedures or methods that are proposed for use (i.e., those not approved by DEP for standard environmental analyses) shall be submitted for review and approval in accordance with DEP-QA-001/01, "New and Alternative DEP Agreement No. LP###, Attachment 11, Page 1 of 15 Analytical Laboratory Methods," February 1, 2004. These procedures or methods shall be approved by the DEP contract manager before use under this Contract and must be cited or described in the required planning document (see Section 6). h. The CONTRACTOR shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6). i. The CONTRACTOR shall ensure that the selected laboratory test methods listed in the planning document can provide results that meet the Contract data quality objectives. j. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6) k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards. I. In addition, the CONTRACTOR shall ensure that the quality control requirements specified in the attached addenda are followed m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document. 3. FIELD ACTIVITIES a "Sample' refers to samples that have been either collected or analyzed under the terms of this Contract. b. The CONTRACTOR shall ensure that all sample collection and field testing activities are performed in accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, February 1, 2004). The specific standard operating procedures (SOPs) to be used for this Contract shall be cited in the planning document (see Section 6). c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager in accordance with section FA 2000 of DEP-SOP-001/01. All non- standard procedures and methods must be approved by the DEP contract manager before use under this Contract and must be cited or described in the planning document. d. Per the quality control measures outlined in the DEP SOPs (FQ 1000 and the calibration requirements of the FT -series for field testing), the CONTRACTOR shall ensure that the following field quality controls (and any additional quality control measures specified in the addenda) are incorporated into the project design: (i) Matrix -Related Quality Controls - The CONTRACTOR shall ensure that the laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected; (2) One in each additional 20 samples of the sample collection matrix, after the first 20 samples; and (3) The last time samples are collected for the sample collection matrix. (ii) Field -generated Quality Control duplicates or replicates (not to be confused with laboratory duplicates) shall be collected and analyzed at a frequency of 5% of the total number of samples collected for each matrix/analyte combination (see FQ 1220). (1) All field duplicate results greater than the contracted PQL should agree within 20% RPD for each measured analyte. In the event that the field duplicate agreement is not observed, the CONTRACTOR shall investigate and attempt to determine the cause of poor precision. The outcome of these investigations shall be reported, including the corrective measures taken to minimize future problems. DEP Agreement No. LP###, Attachment 11, Page 2 of 12 ZI Jo Z aced 'H luawgaelld `###d'1 'oN luawaa42V d31:1 mswalgoad aanln; eziwlu!w o; ua>le; sainseew angaaJJoo al; 6ulpnlou! 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Od 40 sluewei!nbaa all of 6u!pa000e pa;oalloo eq !legs sdOS d3a eq; to 01,Z L Od u! peuyap se sall!n!loe play yl!M paleloosse s>lue1s — s)luele (OO) Ionuoo ljiien0 paleJeue -pla!d (!!!) (iii) Field -Generated Quality Control (QC) Blanks — Blanks associated with field activities as defined in FQ 1210 of the DEP SOPs shall be collected according to the requirements of FQ 1230. (1) If an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample the CONTRACTOR shall investigate and attempt to determine the cause of the QC blank contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination. (2) If an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample the CONTRACTOR shall ensure that the analyte in the affected sample is reported as estimated ("J" with a narrative explanation) unless the analyte concentration in the affected sample is at least 10 times the reported QC blank value concentration (iv) The CONTRACTOR shall identify a second laboratory that meets the requirements in Section 1 and shall arrange to have split samples collected using the sampling procedures specified in the Contract and analyzed by the primary and secondary laboratories. Split samples shall be collected at least once during the project and at least annually thereafter The CONTRACTOR shall specify the procedure for splitting the samples in the planning document. (1) The results from the two laboratories shall be assessed using a precision criterion of no greater than 20% RPD as an initial guide to assessment of the split sample results. (2) All differences between split sample results from the two laboratories shall be investigated and resolved. 4. REPORTING, DOCUMENTATION AND RECORDS RETENTION a. The CONTRACTOR shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and .340, F.A.0 are retained for a minimum of five years after the project completion. b. All field and laboratory records that are associated with work performed under this Contract shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. c. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP contract manager and shall include the following information: ► Laboratory sample identification (ID) and associated Field ID ► Analytical/test method ► Parameter/analyte name ► Analytical result (including dilution factor) ► Result unit ► Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C. ► Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g., QC sample, calibration failure, etc.) or other problem related to the analysis of the samples ► Date and time of sample preparation (if applicable) ► Date and time of sample analysis ► Results of laboratory verification of field preservation ► Sample matrix ► DoH ELCP certification number for each laboratory (must be associated with the test result(s) generated by the laboratory) ► MDL DEP Agreement No. LP/4##, Attachment H, Page 3 of 12 ► PQL ► Sample type (such as blank type, duplicate type, etc.) ► Field and laboratory QC blank results: o Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and the planning document (see Section 6 below); ® Field quality control results including trip blanks, field blanks, equipment blanks, and field duplicates (or replicates) as specified in the planning document (see Section 6) ► Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable ► Results of surrogate spike analyses (if performed) ► Results of laboratory control samples (LCS) ► Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration failure etc.) and the associated sample result(s) ► Acceptance criteria used to evaluate each reported quality control measure d. The CONTRACTOR shall ensure that the following field -related information is reported to the DEP contract manager ► Site and/or facility name, address and phone number ► Field ID for each sample container and the associated analytes (test methods) for which the container was collected ► Date and time of sample collection ► Sample collection depth ► Sample collection method identified by the DEP SOP number, where applicable ► If performed, indicate samples that were filtered ► Field test measurement results. ® DEP SOP number (FT -series), where applicable o Parameter name o Result o Result unit o Applicable Data Qualifiers per Table 1 of Chapter 62-160, F.A.C. ► Narrative comments discussing corrective/preventive actions taken for any failed QC measure (e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field measurement or other problems related to the sampling event. e. The Department reserves the right to request some or all of the laboratory or field information in an electronic format. 5. AUDITS a. AUDITS BY THE DEPARTMENT — Pursuant to Rule 62-160.650, F A.C., the Department may conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the CONTRACTOR, upon request by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the Department, including those outlined in Section 8 below. b. PLANNING REVIEW AUDITS - (i) Initial: Prior to the completion of the sampling and analysis events and as specified in Addendum 1, the CONTRACTOR and all associated subcontractors shall review the planning document (see Section 6 below) relative to the completed field and DEP Agreement No. LP###, Attachment H, Page 4 of 12 ZT 30 b a2rd'n luawyaelly `###d'I '°N luawaaa2d dga pue play pa;aidwoo eql angelaJ (Mo'aq g uo'joeg aas) }uawnoop 6uluueld awl MG!AGJ'legs siopei uoogns pa;e'oosse lie pue 8Ol0y8LNO0 aye wnpuappy ui pa!Jioads se pue s;uana sisA'eue pue 6u'idwes aye uo uogga'dwoo aqi o 3OUd (i) — Snarly MgIAG?d ONINNV1d 'g aMolaq g uolioa9 ui pauipno asoyli 6u'pnloui luawpedaa eq; o,, a'ge"ene saipawa3 ansand Reqs aa6euew }oeajuoo dBa eq} 'Toea}uoa all Aq pal}loads sangoafgo M,iienb ejep aqi ;aaw Tau op Jo (s)asodind ay; Jo; algesn Tou aae elep papodai eq� Tao uo'neuiwaajap e u' swim juawpedaa all Aq None ue 4l •sa'1Ingoe Aiojeaoge' pue pIai; pape3}uoo awl ;uauipad spaooaa AJoleaogel pue play lie apinoad isnw 'juawpedaa ay; !q isanbai uodn 21O13V11NO0 ayj `sppne apsuo Ionpuoo 1 sanlleluasaJdai ivawpedaa 6uiMoIIe otj uoipppe ul .sagingoe A oieaogel ao/pue play jo sppne ponpuoo stew juawpedea an "3.V d '099.091-39 ain2:1 01 }uensJnd—1NWla 9dd3a 9H1 A8 S1lany ee slianv 'g ;ewaoj oluoa;oala ue u' uo!lewaoJu' pial; JO kuo;eJogel aye to lie JO awos isanbe o};g6u eqi SG/UGS9J Tuawpedaa ay1 he ;uana 6uildwes ago o; paie'aa swapoid aay}o JO jueweinseaw pian algeldaooeun 'Cola 'si'nsaa aldwes;lids `aJnliej uoileJgi eo ae ew 'uolgeu'wejuoo >luelq "6.a) aJnseaw aO pane; i(ue JOJ uaNel suogoe anfuanaJd/an'}oaJJoo 6uissnosip sjuawwoo angeJJeN e a'y'd 1091--29 3aydey0 to 6 a'gel Sad saaIJ!'enO Elea algeo'iddy Hun TInsal i'nsad aweu Jelaweaed algeoiidde aaaLM '(sauas-1d) Jegwnu dOS dda siinsai luawainseaw plaid 4 paaaijij aaaM }egg sa'dwes a}eoipu' `pewaopad jI a a'geo" dde aaagM 'Jagwnu dOS dda aye Aq paid;uapi poyoaw uogoa foo a'dwes 4 ylidap uoipa'loo aldweS 4 uoipoalloo °awes 10 ewii pue Oleo 4 papa'loo sem aauiewoo age yoigM Jo; (spoy,aw'sal) salAieue pajeioosse ayj pue Joule;uoo aldwes pea Jo; al plaid 3agwnu auoqd pue ssaappe 'aweu Amloe4 ao/pue a}lg4 :aa6euew jaei;uoo d2a all 01 papodaJ sI uo'gewaojui pa}e'a3-plan 6u!MoIloJ aqi Ian aansua !legs 2IO13VaLNO0 ayl .p a3nseaw loanuoo Amenb papodaa pea aTeniena o; pasn eualuo aoueldaooy e (s)z'nseJ a'dwes pa;e'oosse all pue (mole aan'le; uopeiqueo 'sa}eol'dnp 'Saq 'sat{ids xu%ew 'si{ueIq 00 "66a) a) aanseaw loJ?uoo AIilenb papodai pea uaaMjaq >lun 4 (Saq) saldwes io3;uoo i(Jo;eaogel 10 sHnsad e (pawaopad 4!) sas, eue a>pds aje6oiJns 10 siinsad a'geolidde se 'sa;eolidnp a>pds xu;ew 3o saleolidnp kioieJogel 'sawds xLgew aldwes jo sjlnsa?:l 4 (g uogoa3 aas) }uawnoop 6uiuueid all ui paipoads se (saieolldaJ Jo) sateo!Idnp play pue 'suelq juawdinba `s>guelq plan `sNuelq dui 6uipnioui smnsaJ loJTuoo AT!Ienb plaid '(Molaq g uo'pa9 aas) juawnoop 6uluueid ay} pue g Jaldeya OV19N `poynaw aqt Aq paiinbaa se sfnsa3 s!sAleue >lue'q aO Aioleaogeq :sinsaJ jlUelq 00 A oleJogel pUe plaid 1 Cola 'ads(} a%eoIldnp 'adA; juelq se Lions) ad,i aldweS 1Od 4 ZI Jo S 3 KJ'H;uawyaelld'###d7 '°N wawaaagy d3Q pa;oeMe pue 2j010V211N00 all O; s;uawwoO apnoJd Jo luawnoop 6uluueld al; anoJdde ioqua pue MOIAOJ'legs luewpedaa eq; ';uewpedea al; Aq luawnoop 6uluueld paidluapl AjJedojd al; to;d!aoeJ }o sAep (gy) anll-Apoj ull;iM iuewnoop 6uluueld peplwgns a(4 jo abed am aqi uo Jeadde Mels Jagwnu ToeJluoo dja all 'o speJ;uoo eq; aleuiwJal Jo puadsns ,Cew Ja6euew peiluoo d3a eq; `;uewjjedaa all o; uolsslwgns (leull) pi!q; eql iaTje uawnoop 6uluueld all Joi lenoJdde uie;go O; slIe} 21010`d2L1N00 all JI °sawil aaJo; ueq; SJOW OU lenoJdde Joj;uawpedea ay; o; ;uawnoop 6uluueld aq; to UOISJan e pwgns i(ew sJoloeJ;uoogns pue H010d2:11N00 all •q 0 d'3 '009.091-Z9 elnd ui pailioeds soldol leuon;ippe ay} pue 2O/ZOO-VO-d3a `„ loei;uoo Japun uo!loaloJd IelueuJuoJlnu3 4o ;uewpedaa al; JoJ pawippad )poA 1e00181_1b' pue plaid Jog s;uawaJlnba;a ;uawnoop aq; w paule uoo uoilewiojul ell sessnoslplel; ueldslsA eue pue 6ulldwes Jo jesodoad pafojd peHe;ap;eapnpui Ieegs ueld.all ue/d. db upaee'e ' (!!!) 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Aue Allluep! 'law 6ulaq e e sane;oafgo Alllenb e;ep all ll aulwJalap of saipAlloe fuoleJoge! laboratory activities to determine if the data quality objectives are being met, identify any improvements to be made to the process, and refine the sampling and/or analytical design or schedule. Within one month of the review, a summary of the review, including any corrective action plans or amendments to the planning document, shall be sent to the DEP contract manager and a copy shall be maintained with the permanent project records. (ii) Ongoing: Planning reviews as described in item (i) above shall occur annually. c. QUALITY SYSTEMS AUDITS — The CONTRACTOR and all subcontractors shall ensure that any required laboratory and field quality system and management systems audits are performed according to the respective Quality Manuals for each contracted and sub- contracted entity. These audits shall be documented in the CONTRACTOR's and subcontractors records. d. STATEMENTS OF USABILITY — As a part of the audit process and the final report, the CONTRACTOR shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda. (i) The CONTRACTOR shall ensure that all acceptance and usability criteria required by this Contract not specified above are listed in the planning document. (ii) The CONTRACTOR shall ensure that the results of all quality control measures described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document (iii) The CONTRACTOR shall ensure that all sample results are evaluated according to the additional usability criteria specified in the planning document. 6. PLANNING DOCUMENT a. The CONTRACTOR shall submit the planning document identified below to the DEP contract manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning document in this required timeframe shall result in a delay of approval to begin work until the document has been submitted to the Department and approved by the DEP contract manager. The document shall be submitted as a (i) Quality Assurance Project Plan (QAPP). The plan shall be consistent with the EPA Document EPA-QA/R-5, EPA Requirements for Quality Assurance Project Plans, dated March 2001. (ii) Sampling and Analysis Plan (or project proposal). > The plan shall discuss the Information contained in: the: document "Requirements for Field and Analytical Work Performed 'for .the ;;Department >ofEnvironmental` Protection Under Contract", DEP- QA 002%02 (iii) Research QA Plan The plan' shallinckide,'a detailed project proposal or sampling and analysis pian that°discusses the information 'contained in the document 'Requirements for Field and Analytical Work Performed for the Department of Environmental Protection Under Contract", DEP-QA-002/02' and the additional topics specified in Rule 62-160.600, F.A.C. b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning document after the third (final) submission to the Department, the DEP contract manager may suspend or terminate the Contract. c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty-five (45) days of receipt of the properly identified planning document by the Department, the Department shall review and either approve the planning document or provide comments to the CONTRACTOR and affected DEP Agreement No. LP###, Attachment H, Page 5 of 12 subcontractors as to why the planning document is not approved. If further revisions are needed, the CONTRACTOR shall then have fifteen (15) days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any revisions. d. If the review of the planning document by the Department is delayed, through no fault of the CONTRACTOR, beyond sixty (60) days after the planning document is received by the Department, the CONTRACTOR shall have the option, after the planning document is approved, of requesting and receiving an extension in the term of the Contract for a time period not to exceed the period of delayed review and approval This option must be exercised at least sixty (60) days prior to the current termination date of the Contract. e. Work may not begin for specific Contract tasks until approval has been received by the CONTRACTOR from the DEP contract manager. Sampling and analysis for the Contract may not begin until the planning document has been approved. f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved planning document including, but not limited to: ► Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability ► Using only the protocols approved in the planning document; and ► Using only the equipment approved in the planning document. g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the CONTRACTOR shall submit appropriate revisions of the planning document to the DEP contract manager for review The proposed revisions may not be implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to submit the required revisions, the DEP contract manager may suspend or terminate the Contract. 7. DELIVERABLES a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this Contract (i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item 2.d above. (ii) Copies of the QCC sample results per item 2.f. above. (iii) Non-standard laboratory or field procedures — The CONTRACTOR shall submit to the DEP contract manager all required information necessary for review of non- standard procedures per items 2.h. and 3.b. above. (iv) Reports of planning review audits as specified in item 5.b. above. (v) Statements of Usability as specified in item 5.d. above. (vi) Planning document per Section 6, above. 8. CONSEQUENCES a. Failure to comply with any requirement of this attachment may result in: (1) Immediate termination of the Contract. (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (v) A request to redo work affected by the non-compliant activity. (vi) Other remedies available to the Department. 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The words "section" or "item" are numbered in reference to the requirements of Attachment _. LABORATORIES (SECTION 2) ® The following items in Section 2 of "Quality. Assurance Requirements", do not apply: The followingitems in„Seetio`n 2 of ''Quality Assurance Requirements”, are amended as fo lows me.;; epartment hasdeterm'ined that certification by the DoH `ELCP is not 'necessary for:thefollowing test measurements, however,sthe`laboratory activities associated with these test measurements.shall"conform.to'the. NELAC, Quality. Systems:(Chapter 5) Standards.. The following quality control addenda must be followed: ® Addendum 2, "Quality Control Requirements for Laboratories Performing Chemical Analysis" with the following modifications: Addendum 3, "Quality Control Requirements for Laboratories Performing Microbiological Testing" with'the foilowing.modificatttoi s` FIELD ACTIVITIES (SECTION 3) The CONTRACTOR shall ensure that these "additional standard operating procedures are followed: 0 The following- items in Section 3 <of "Quality Assurance .Requirements', are amended as follows: 0 The following quality control requirements "(item 3.c of "Quality -Assurance Requirements') are amended as follows: • 1> The following items in Section 3.of "Quality Assurance Requirer»ents" do not apply: • REPORTING, DOCUMENTATION AND RECORDS RETENTION (SECTION 4) In addition to those records identified in Rules 62-160.240 and 340, F.A.C., the CONTRACTOR shall ensure that the following records are retained: 0 0 The CONTRACTOR shall submit the data electronically using the following format: 0 The CONTRACTOR shall use the following format for reporting results: 0 In addition to the information in item 4 c of "Quality Assurance Requirements' the CONTRACTOR shall ensure that the followinglaboratory information is reported: 0 DEP Agreement No. LP###, Attachment H, Page 7 of 12 Addendum 1 Modifications to Attachment "Quality Assurance Requirements" These modifications shall be applied to Attachment _, "Quality Assurance Requirements" of DEP Solicitation # . The words "section" or "item" are numbered in reference to the requirements of Attachment _. LABORATORIES (SECTION 2) ® The following items in Section 2 of "Quality. Assurance Requirements", do not apply: The followingitems in„Seetio`n 2 of ''Quality Assurance Requirements”, are amended as fo lows me.;; epartment hasdeterm'ined that certification by the DoH `ELCP is not 'necessary for:thefollowing test measurements, however,sthe`laboratory activities associated with these test measurements.shall"conform.to'the. NELAC, Quality. Systems:(Chapter 5) Standards.. The following quality control addenda must be followed: ® Addendum 2, "Quality Control Requirements for Laboratories Performing Chemical Analysis" with the following modifications: Addendum 3, "Quality Control Requirements for Laboratories Performing Microbiological Testing" with'the foilowing.modificatttoi s` FIELD ACTIVITIES (SECTION 3) The CONTRACTOR shall ensure that these "additional standard operating procedures are followed: 0 The following- items in Section 3 <of "Quality Assurance .Requirements', are amended as follows: 0 The following quality control requirements "(item 3.c of "Quality -Assurance Requirements') are amended as follows: • 1> The following items in Section 3.of "Quality Assurance Requirer»ents" do not apply: • REPORTING, DOCUMENTATION AND RECORDS RETENTION (SECTION 4) In addition to those records identified in Rules 62-160.240 and 340, F.A.C., the CONTRACTOR shall ensure that the following records are retained: 0 0 The CONTRACTOR shall submit the data electronically using the following format: 0 The CONTRACTOR shall use the following format for reporting results: 0 In addition to the information in item 4 c of "Quality Assurance Requirements' the CONTRACTOR shall ensure that the followinglaboratory information is reported: 0 DEP Agreement No. LP###, Attachment H, Page 7 of 12 ► In addition to the information .outlined in 4.d of "Quality Assurance Requirements", the CONTRACTOR shall ensure that the following -information pertinent to field activities is reported: • ► The following items in Section 4 of "Quality Assurance Requirements", do not apply: • ► Legalorevldentiarychain ofmcustodv, as; defined `In FD 1000,of the DEP-SOP-001/01. and the NE•LAC;Standards shall be.execute rand shall be stipulated in; the planning document. AUDITS (SECTION 5) ► The initial planning review audit will be performed ► The following items in Section 5 of "Quality Assurance Requirements", do not apply 0 PLANNING DOCUMENT (SECTION 6) ► The following items in Section 6of "Quality Assurance Requirements", are amended as follows: ► When the approved plann ng document requires modification, the amendments shall be ® Provided• n a n'ewplanning'document • Provided as amen ded_'sections of the current p arming°°document *✓ r ft - ti rot : r, o Documented through.Written' or electronic correspondence with the: DEP contract manager an incorporated; into theapproved' planning :'document, DELIVERABLES (SECTION 7) ► The following deliverables are not required under the terms of this Contract: ► The following items in 'Section 7 of "Quality Assurance Requirements", are amended as follows` • DEP Agreement No. LP###, Attachment H, Page 8 of 12 ► In addition to the information .outlined in 4.d of "Quality Assurance Requirements", the CONTRACTOR shall ensure that the following -information pertinent to field activities is reported: • ► The following items in Section 4 of "Quality Assurance Requirements", do not apply: • ► Legalorevldentiarychain ofmcustodv, as; defined `In FD 1000,of the DEP-SOP-001/01. and the NE•LAC;Standards shall be.execute rand shall be stipulated in; the planning document. AUDITS (SECTION 5) ► The initial planning review audit will be performed ► The following items in Section 5 of "Quality Assurance Requirements", do not apply 0 PLANNING DOCUMENT (SECTION 6) ► The following items in Section 6of "Quality Assurance Requirements", are amended as follows: ► When the approved plann ng document requires modification, the amendments shall be ® Provided• n a n'ewplanning'document • Provided as amen ded_'sections of the current p arming°°document *✓ r ft - ti rot : r, o Documented through.Written' or electronic correspondence with the: DEP contract manager an incorporated; into theapproved' planning :'document, DELIVERABLES (SECTION 7) ► The following deliverables are not required under the terms of this Contract: ► The following items in 'Section 7 of "Quality Assurance Requirements", are amended as follows` • DEP Agreement No. LP###, Attachment H, Page 8 of 12 Addendum 2 Quality Control Requirements for Laboratories Performing Chemical Analysis In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. Matrix -Related Quality Control Samples - The CONTRACTOR shall ensure that samples associated with this Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates The laboratory shall analyze these samples: a. The first time samples from a sample collection matrix (see Table FA 1000-1) are submitted to the laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates b. After the first 20 samples from the sample collection matrix have been analyzed at least one matrix spike and either laboratory duplicates or matrix spike duplicates shall be composed using a sample or samples selected from each additional 20 samples of the sample collection matrix submitted to the laboratory. c. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. d. Spike levels must be at the concentrations specified in item 3 below. e. If the selected sample concentration is expected to be below the Contract specified practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used. 2. Per NELAC Chapter 5 requirements as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less. a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified. 3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses: (1) Chlorophyll — the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ; (ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) — the method -specified glucose/glutamic acid check solution shall be used; and, (iii) Copper in seawater — the QCCS shall be any seawater -matrix SRM assayed by an organization external to the laboratory. b. If the QCCS is unacceptable the samples associated with the QCCS shall be reprocessed with a new QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch 4. Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.) The final concentration of any spike fortification shall be at the applicable level identified below. DEP Agreement No. LP###, Attachment H, Page 9 of 12 Addendum 2 Quality Control Requirements for Laboratories Performing Chemical Analysis In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. Matrix -Related Quality Control Samples - The CONTRACTOR shall ensure that samples associated with this Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates The laboratory shall analyze these samples: a. The first time samples from a sample collection matrix (see Table FA 1000-1) are submitted to the laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates b. After the first 20 samples from the sample collection matrix have been analyzed at least one matrix spike and either laboratory duplicates or matrix spike duplicates shall be composed using a sample or samples selected from each additional 20 samples of the sample collection matrix submitted to the laboratory. c. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. d. Spike levels must be at the concentrations specified in item 3 below. e. If the selected sample concentration is expected to be below the Contract specified practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used. 2. Per NELAC Chapter 5 requirements as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less. a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified. 3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses: (1) Chlorophyll — the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ; (ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) — the method -specified glucose/glutamic acid check solution shall be used; and, (iii) Copper in seawater — the QCCS shall be any seawater -matrix SRM assayed by an organization external to the laboratory. b. If the QCCS is unacceptable the samples associated with the QCCS shall be reprocessed with a new QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch 4. Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.) The final concentration of any spike fortification shall be at the applicable level identified below. DEP Agreement No. LP###, Attachment H, Page 9 of 12 a. If any of the samples in the preparation batch are non -detect (i.e., below the MDL specified in the planning document), the spiking level must not be greater than 2 times the Contract specified PQL. b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch. 5. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a If the failure is reported to be due to sample matrix interference, the laboratory shall document the process by which this conclusion is determined. 6. Evaluation of Laboratory Duplicate/Replicate Samples — All replicate samples (sample duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document a In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments 7. Instrument Calibration — In addition to calibration procedures specified in the analytical methods listed in the planning document the CONTRACTOR shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration verifications. b. Initial Calibration Requirements (1) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document. If the minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards. (ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses. (iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressions. (iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified using a second source. A second source may be a standard, a Standard Reference Material (SRM), or other sample type with a verified concentration such as a QC Check Sample. Standards must have been prepared from a different lot or vendor. (v) The acceptance criteria for second -source verifications shall be specified in the planning document. (vi) Sample analysis cannot proceed if an initial calibration is unacceptable. c. Continuing Calibration Requirements: (i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples. (ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run. (iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning document (iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration standard prepared at the Contract -specified PQL. The analyzed value of this standard must be within 70% — 130% of the expected value. If DEP Agreement No. LP###, Attachment H, Page 10 of 12 a. If any of the samples in the preparation batch are non -detect (i.e., below the MDL specified in the planning document), the spiking level must not be greater than 2 times the Contract specified PQL. b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch. 5. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a If the failure is reported to be due to sample matrix interference, the laboratory shall document the process by which this conclusion is determined. 6. Evaluation of Laboratory Duplicate/Replicate Samples — All replicate samples (sample duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document a In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments 7. Instrument Calibration — In addition to calibration procedures specified in the analytical methods listed in the planning document the CONTRACTOR shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration verifications. b. Initial Calibration Requirements (1) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document. If the minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards. (ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses. (iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressions. (iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified using a second source. A second source may be a standard, a Standard Reference Material (SRM), or other sample type with a verified concentration such as a QC Check Sample. Standards must have been prepared from a different lot or vendor. (v) The acceptance criteria for second -source verifications shall be specified in the planning document. (vi) Sample analysis cannot proceed if an initial calibration is unacceptable. c. Continuing Calibration Requirements: (i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples. (ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run. (iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning document (iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration standard prepared at the Contract -specified PQL. The analyzed value of this standard must be within 70% — 130% of the expected value. If DEP Agreement No. LP###, Attachment H, Page 10 of 12 this PQL check fails the blank and associated sample results must be reported as `estimated' per Chapter 62-160, F A.C. unless the affected results are at least 10 times the absolute value of the observed bias of the PQL check. (v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable calibration verifications must be reanalyzed or appropriately qualified. d. Sample results below the Contract -specified PQL and above the highest calibration standard shall be appropriately qualified. 8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with the blank must be reported with the appropnate qualifier from Chapter 62-160, F.A C., unless the affected sample concentrations are at least 10 times higher than the calculated QC blank concentration. b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks. c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result must be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with the blank are at least 10 times the calculated blank concentration. The laboratory must investigate the blank contamination to determine that positive blank results are not due to a laboratory error and report the affected samples and field -generated blank results with appropriate qualifiers and/or comments. 9. If any quality control measure or calibration verification fails (including those specified above) samples that are associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory comment must be attached to the final report for each result that has a qualifier code other than U, I, or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified and defined in the report. 10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes. 11. Field QC duplicates or replicates - The CONTRACTOR shall ensure that field duplicates (not to be confused with laboratory duplicates) are analyzed. All field duplicate results greater than the contracted PQL should agree within 20% RPD for each measured analyte. In the event that field duplicate agreement is not observed, the laboratory must investigate sufficiently to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. 12. For all organic analyses using either gas chromatography or HPLC, analytes with concentrations above the method detection limit shall be confirmed by at least one of the qualitative identification measures listed below. Confirmation must occur the first time an analyte is detected at a sampling point. ► Second column/same detector ► Second column/alternate detector ► Same column/alternate detector ► Mass spectrometry ► Alternate wavelength DEP Agreement No. LP###, Attachment 1-1, Page 11 of 12 this PQL check fails the blank and associated sample results must be reported as `estimated' per Chapter 62-160, F A.C. unless the affected results are at least 10 times the absolute value of the observed bias of the PQL check. (v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable calibration verifications must be reanalyzed or appropriately qualified. d. Sample results below the Contract -specified PQL and above the highest calibration standard shall be appropriately qualified. 8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with the blank must be reported with the appropnate qualifier from Chapter 62-160, F.A C., unless the affected sample concentrations are at least 10 times higher than the calculated QC blank concentration. b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks. c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result must be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with the blank are at least 10 times the calculated blank concentration. The laboratory must investigate the blank contamination to determine that positive blank results are not due to a laboratory error and report the affected samples and field -generated blank results with appropriate qualifiers and/or comments. 9. If any quality control measure or calibration verification fails (including those specified above) samples that are associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory comment must be attached to the final report for each result that has a qualifier code other than U, I, or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified and defined in the report. 10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes. 11. Field QC duplicates or replicates - The CONTRACTOR shall ensure that field duplicates (not to be confused with laboratory duplicates) are analyzed. All field duplicate results greater than the contracted PQL should agree within 20% RPD for each measured analyte. In the event that field duplicate agreement is not observed, the laboratory must investigate sufficiently to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. 12. For all organic analyses using either gas chromatography or HPLC, analytes with concentrations above the method detection limit shall be confirmed by at least one of the qualitative identification measures listed below. Confirmation must occur the first time an analyte is detected at a sampling point. ► Second column/same detector ► Second column/alternate detector ► Same column/alternate detector ► Mass spectrometry ► Alternate wavelength DEP Agreement No. LP###, Attachment 1-1, Page 11 of 12 Addendum 3 Quality Control Requirements for Laboratories Performing Microbiological Testing In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in AWWA Standard Methods 20`h edition, section 9020. 2. Quality Control Blanks a. If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and ending filtration blank. b. The results of any blank must be < 1 CFU/100 mL or the associated sample results must be reported with the appropriate qualifier from Chapter 62-160, F A.C. 3. Laboratory Quality Control Duplicates a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precison criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field -generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field generated replicate results. 4. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document. b. The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20 — 60 colonies per plate. Reported values from colony plate counts outside this range shall be qualified with a "B' (unless the reported value is from a 100 mL sample and the count is Tess than 20) c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be reported as "estimated' . d. The laboratory shall follow the reporting requirements specified in the method for other results that are outside the ideal range (item 5 b. above) e. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume with the data qualifier "Z" f. Colony counts from samples that have been verified shall be adjusted based on the verification results as specified in the analytical method approved for this Contract and listed in the planning document. DEP Agreement No. LP###, Attachment H, Page 12 of 12 Addendum 3 Quality Control Requirements for Laboratories Performing Microbiological Testing In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in AWWA Standard Methods 20`h edition, section 9020. 2. Quality Control Blanks a. If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and ending filtration blank. b. The results of any blank must be < 1 CFU/100 mL or the associated sample results must be reported with the appropriate qualifier from Chapter 62-160, F A.C. 3. Laboratory Quality Control Duplicates a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precison criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field -generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field generated replicate results. 4. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document. b. The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20 — 60 colonies per plate. Reported values from colony plate counts outside this range shall be qualified with a "B' (unless the reported value is from a 100 mL sample and the count is Tess than 20) c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be reported as "estimated' . d. The laboratory shall follow the reporting requirements specified in the method for other results that are outside the ideal range (item 5 b. above) e. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume with the data qualifier "Z" f. Colony counts from samples that have been verified shall be adjusted based on the verification results as specified in the analytical method approved for this Contract and listed in the planning document. DEP Agreement No. LP###, Attachment H, Page 12 of 12 Oa or it 4 cA. Florida Department of a o as - ©/ ?Rick Scott Governor Environmental Protection Jennifer Carroll Bob Martinez Center Lt. Governor 2600 Blair Stone Road Tallahassee, Florida 32399-2400 FEB 14 2011 FED EX -- DELIVERY CONFIRMATION REQUIRED Mr William Keith McCully, P E Stormwater Engineer Indian River County 1801 27th Street Vero Beach, Florida 32960 Re: LP31010 — Indian River County PC South (Pollution Control South) Dear Mr. McCully: a Herschel T. Vinyard, Jr. Secretary We are pleased to provide financial assistance for your stormwater improvement project. One fully executed grant agreement is enclosed. To draw money under the agreement, please call Tommy Williams at 850/245-8358 for assistance in completing a disbursement request. For your convenience, electronic copies of the attachments are located on our web page: http://www.dep.state.fl.us/water/wff/index.htm under Legislative Appropriations Grant Attachments. We congratulate you and your staff on your efforts and are pleased that we can work with you on this project. Sincerely, Phil Coram, P.E. Deputy Director Division of Water Resource Management PC/ph Enclosure cc: Christopher R. Mora, P E — Indian River County "More Protection, Less Process" www. dep. state, fl. us