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HomeMy WebLinkAbout2003-136 go DEP AGREEMENT NO. G0061 STATE OF FLORIDA �f GRANT AGREEMENT PURSUANT TO ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD(S) THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is Public Works Department, Stormwater Management Section, 1840 25`x' Street, Vero Beach, Florida 32960 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide funding for the Indian River County East Roseland Stormwater Improvement Project. WHEREAS, the Department is the recipient of federal financial assistance from the Environmental Protection Agency (EPA); and, WHEREAS, the Florida Department of Environmental Protection was awarded funding by the Environmental Protection Agency pursuant to Grant Agreement No . C9-99451502-0; and, WHEREAS, the Grantee has been determined to be a subrecipient of federal financial assistance from the U. S . Environmental Protection Agency (EPA) ; and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the premises and 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 ", "Recipient" and "Contractor" , are used interchangeably. 2 . This Agreement shall begin upon execution by both parties and shall remain in effect for a period of forty-eight (48) months, inclusive . The Grantee shall be eligible for reimbursement for work performed on or after the date of execution and until the expiration of this Agreement. The Grantee may identify project expenditures made on or after October 1 , 2001 for purposes of meeting its match requirement identified in paragraph 3 . This Agreement may be amended to provide for additional services if additional funding is made available by EPA and/or 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 $289, 000. 00 toward the total project cost described in Attachment A. B . The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B) . The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Department of Financial Services ' Contract Payment Requirements (attached hereto and made a part hereof as Attachment C), the Grantee shall comply with the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation and other requirements as follows : 1 . Salaries/Waees - The Grantee shall not be reimbursed for direct salaries or multipliers (i . e . , fringe benefits, overhead, and/or general and administrative rates) for Grantee 's employees . However, the Grantee may document these expenditures for meeting its match requirements . DEP Agreement No. G0061 , Page 1 of 10 f • 2 . Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Invoices for reimbursement of fixed price subcontracts approved by the Department shall be documented by copies of the paid invoices . 3 . Travel — Requests for reimbursement of travel expenses are not authorized under the terms of this Agreement. 5 . Equipment - The purchase of non-expendable equipment costing $ 1 ,000 or more is not authorized under the terms of this Agreement. 6 . Rental/Lease of Equipment - Include copies of invoices or receipts to document charges. 7 . Other Ex eU rises - e.g. , Materials, supplies, phone, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices . C. The Grantee may also be required to submit 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. State guidelines for allowable costs can be found in the Department of Financial Services ' Reference Guide for State Expenditures at www. dbf. state . fl .us/aadir/reference guide and allowable costs for Federal Programs can be found under 48 CFR Part 31 at http ://www. access . gpo. gov/nara/cfr/cfr-table- search .htmi and OMB Circulars A-87, A- 122 , A-219 at http ://www.whitehouse.gov/omb/circulars/index. html# numerical . One copy of each invoice, including five copies of appropriate backup documentation, shall be submitted to the Department ' s Grant Manager. D . The Grantee will limit its participation in the salary rate (excluding overhead) paid to individual consultants retained by grantee 's or by a grantee ' s contractors or subcontractors to the maximum daily rate for GS- 18 . This limitation applies to consultation services for designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Subagreements with funis for services which are awarded using the procurement requirements contained in 40 CFR 31 . 36 are not affected by this limitation. E . The parties hereto understand and agree that this Agreement does require a cost sharing or match on the part of the Grantee . The Grantee is responsible for providing $455 ,000. 00 in cash or third party in-kind, towards the work funded under this Agreement. All cost sharing/match shall meet the federal requirements established in 48 CFR Part 31 and OMB Circulars A-87, A- 122 , and A-21 . F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Page 2 of 10 Organization Type -. . Applicable Cost Principles State, local or Indian tribal government, OMB Circular A- 87 Private non-profit organization other than ( 1 ) an OMB Circular A- 122 institution of higher education, (2) a hospital, or (3) an organization named in OMB Circular A- 122 as not subject to that circular Education institutions OMB Circular A-21 For-profit organization other than a hospital or an 48 CFR Part 31 , Contract Cost Principles and organization named in OMB A- 122 as not subject Procedures, or uniform cost accounting standards to that circular that comply with cost principles acceptable to the federal agency G. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds . EPA Grant Number CFDA Pro ram Title Funding Amount C9-99451502-0 66.460 Nonpoint Source Im lementat on $2899000. 00 Total Funding : $ 289 ,000. 00 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 . A. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports. The Grantee shall utilize the Progress Reporting Form, attached hereto and made a part hereof as Attachment D, for submitting its quarterly progress report. Quarterly reports shall be submitted to the Department' s Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parries that the term "quarterly" shall reflect the calendar quarters ending March 31 , June 30, September 30 and December 31 . The Department's Grant Manager shall have ten ( 10) calendar days to review deliverables submitted by the Grantee. B . The Grantee agrees to comply with the requirements of EPA ' s Program for Utilization of Small, Minority, and Women ' s Business Enterprises in procurement under this Agreement. 1 . The Grantee accepts the Minority Business Enterprise/Women ' s Business Enterprise (MBE/WBE) "Fair Share" goals and objectives negotiated with EPA as follows : Florida Fair Share Goals Industry Goal SRF Construction (both SRFs 11 % MBE and 3% WBE Architectural & Engineering Services 10% MBE and 15% WBE Commodities 7% MBE and 17% WBE Contractual Services 14% MBE and 36% WBE Construction non SRF 10% MBE and 11 % WBE 2 . If the Grantee does not want to rely on the applicable State ' s MBE/WBE goals, the Grantee agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women-owned businesses to do work in the relevant market for construction, services, supplies and equipment. "Fair Share" objectives must be submitted to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by EPA no later than thirty (30) calendar days thereafter. Copies of all correspondence with EPA shall also be forwarded to the Department ' s Grant Manager. 3 , The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, DEP Agreement No. G0061 , Page 3 of 10 t s equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and Universities . 4 , The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "Fair Share" percentages. 5 . The Grantee agrees to follow the six affirmative steps or positive efforts stated in 40 C.F.R. 30.44(b), 40 C.F.R. 31 . 36(e), or 40 C .F.R. 35 . 6580, as appropriate, and retain records documenting compliance . 6 . The Grantee agrees to submit a report documenting MBE/WBE utilization under federal grants in conjunction with the required quarterly progress reports (see paragraph 5 .A) . 7 . If race and/or gender neutral efforts prove inadequate to achieve a "Fair Share" objective, the Grantee agrees to notify the Department and EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the "Fair Share" objective. 8 . In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988 , the recipient agrees to utilize and to encourage any prime contractors under this Agreement to utilize small businesses located in rural areas to the maximum extent possible . The Grantee agrees to follow the six affirmative steps stated in 40 C .F .R. 30.44(b), 40 C .F.R. 31 . 36, or 40 C .F.R. 35 . 6580, as appropriate, in the award of any contracts under this Agreement. C. Pursuant to EPA Order 1000 .25 , dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the Department. This requirement does not apply to reports which are prepared on forms supplied by EPA . This requirement applies even when the cost of recycled paper is higher than that of virgin paper. D . A draft comprehensive final report (hard copy and electronic) must be submitted no later than sixty (60) days prior to the completion date of the Agreement. The Department will review the draft final report and provide comments for inclusion in the final report within 30 days. Five (5) hard copies, plus one electronic copy in Adobe .pdf format or Microsoft Word Format, of a comprehensive final report must be submitted no later than the completion date of the Agreement. The Grantee ' s final report shall include an accounting of all project expenses, a report of all matching funds contributed on behalf of the Grantee, and a statement acknowledging that the project has been supported by a grant from the U. S . Environmental Protection Agency. The following language shall be included in the final project report: "This project and the preparation of this report was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U. S . Environmental Protection Agency (US EPA) through an agreement/contract with the Nonpoint Source Management Section of the Florida Department of Environmental Protection. The total cost of the project was $ [show actual amountl , of which $ [show actual amount] or [show actual percentaee] percent was provided by the U. S . Environmental Protection Agency. " Additionally, all other final deliverables required by this Agreement (such as booklets, pamphlets, videos, scientific papers, etc.) which were funded in whole or in part by federal sources shall include the language below to acknowledge the federal government's participation in the project. "This [show actual item - booklet, pamphlet, video, paper, etc. as appropriate] was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U. S . Environmental Protection Agency (US EPA) through an agreement/contract with the Nonpoint Source Management Section of the Florida Department of Environmental Protection." DEP Agreement No. G0061 , Page 4 of 10 s The Grantee agrees to provide a copy of any draft report and/or final report to the Department before making, or allowing to be made, a press release, publication, or other public announcement of the project ' s outcome . This shall not be construed to be a limitation upon the operation and applicability of Chapter 119, Florida Statutes , 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. C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D . 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 11 9 . 07( l ), Florida Statutes. 8 . If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances . A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B . Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. 1 . The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. 2 . The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above„ do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689 . DEP Agreement No. G0061 , Page 5 of 10 9. A. 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 subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes . B . The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. CO Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition. 10. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable provisions contained in Attachment E . A revised copy of Attachment E, Exhibit- 1 , must be provided to the Grantee with each amendment which authorizes a funding increase or decrease . The revised Exhibit- 1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E . If the Grantee fails to receive a revised copy of Attachment E, 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. 11 . A. The Grantee shall not subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, unless the subcontractor has been identified in the Project Work Plan. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract 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. B . The Grantee agrees to notify the Department of all subcontracts not identified in the Project Work Plan no less than twenty days prior to the effective date of the subcontracts for the purpose of approval by the Department. The Grantee agrees to provide the Department with an executed copy of all subcontracts within ten days after the effective date of the agreement. C. 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. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities . 12 . A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment F, Standard Form-LLL, "Disclosure of Lobbying Activities " (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. (40 CFR 341 B. 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. DEP Agreement No. G0061 , Page 6 of 10 C. Pursuant to the Lobbying Disclosure Act of 1995 , any organization described in Section 501 (c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures . 13 . The Grantee shall comply with all applicable federal, state and local rules and regulations in performing 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 in all subcontracts issued as a result of this Agreement. 14 , The Department 's Grant Manager (which may also be referred to as the Department' s Project Manager) for this Agreement is identified below. Patti Sanzone Florida Department of Environmental Protection Nonpoint Source Management Section 2600 Blair Stone Road, MS# 3570 Tallahassee, Florida 32399-2400 Telephone No. : 850/245 -7511 SunCom No. : 205-7511 Fax No . : 850/245 - 8434 SunCom Fax No. : 205 -8434 E-mail Address : patricia. sanzone@dep . state. fl .us 15 . The Grantee ' s Grant Manager (which may also be referred to as the Grantee 's Project Manager) for this Agreement is identified below. W. Keith McCully, P. E . , Esq. Indian River Board of County Commissioners Public Works De artment/Stormwater Management Program 1840 25 Street Vero Beach, Florida 32960 Telephone No. : 772/567-8000 ext 1562 Suncom No . : 224- 1562 Fax No . : 772/778-9391 E-mail Address : kmccully@ircgov. com 16. 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 its 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 its employees not otherwise protected. 17. 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. 18 , The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. DEP Agreement No. G0061 , Page 7 of 10 1 � 19 . The purchase of non-expendable personal property or equipment costing $ 1 ,000 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g. , specifications, time, method or manner of performance, requirements, etc .) . All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 21 , The Hotel and Motel Fire Safety Act of 1990 (Public Law 101 -391 ) establishes a number of fire safety standards which must be met for hotels and motels . The Grantee acknowledges that Federal funds may not be used to sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements of the Hotel and Motel Fire Safety Act of 1990 . 22 . If the Grantee ' s project involves environmentally related measurements or data generation, including the development of models that may be used in regulatory decisions, 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 minimise loss of data due to out-of-control conditions or malfunctions . All sampling and analyses performed under this Agreement must conform with 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 G. 23 . 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 . 24 . A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by EPA to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment H. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment H in all subcontracts or lower tier agreements executed to support the Grantee ' s work under this Agreement. 25 , The Environmental Protection Agency and Department reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or other wise use, and to authorize others to use, for government purposes : A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. DEP Agreement No. G0061 , Page 8 of 10 B . Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 26 . The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment I, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment J, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 27 . Grantee matching funds have been used for the acquisition of land for this project. The grantee agrees that the funds used to purchase the land shall not be used as match to any other Agreement supported by State or Federal funds. 28 . 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 DEP Agreement No. G0061 , Page 9 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. INDIAN RIVER COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: . By: W � aQ© Titl ,^. Ser tary or des ee Date : June 10 2003 Date : 5 /e3( 0 3 Patricia A. Sanzone, DEP Project Mana 1840 25`h Street Vero Beach, Florida 32960 Indian River County Approved Date DEP Contracts Administrator Administration Budget Approved as to form and legality: Co . Attorney01 Risk Management kCAC. , Department �; 3 DEP o Division mey FEID No . : 59-6000674 *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 Letter/ Type Number Description (include number of pages) Attachment A Project Work Plan (9 Pages) Attachment B Payment Request Summary Form ( 1 Page) Attachment C Department of Financial Services ' Contract Payment Requirements ( 1 Page) Attachment D Progress Report Form (2 Pages) Attachment E Special Audit Requirements (5 Pages) Attachment F Disclosure of Lobbying Activities (2 Pages) Attachment G Ouality Assurance Requirements (4 Pages) Attachment H Certification Regarding Debarment/Suspension (2 Pages) Attachment I Contract Provisions (3 Pages) Attachment J Regulations ( 1 Page) DEP Agreement No. G0061 , Page 10 of 10 ATTACHMENT A PROJECT WORK PLAN PROJECT: East Roseland Stormwater Improvement Project LEAD ORGANIZATION : Indian River County ' s Public Works Department, Stormwater Management Program COOPERATING ORGANIZATIONS : 1 . St. Johns River Water Management District (SJRWMD) Stormwater Cost Share Program 2 , Roseland Property Owners Association 3 . SJRWMD Watershed Action Volunteer Program 4 , Indian River Lagoon Program, SJRWMD PROJECT LOCATION : NPS Priority Watershed--Indian River Lagoon Hydrologic Unit Code : 03080203 The longitude of the project site is 80°E 29 ' 22 " and the latitude is 27°N 50 ' 15 ". The site is located within the Fleming Grant, Section 21 , in northern Indian River County. The project, the creation of two stormwater detention ponds, will provide flood control and stormwater quality treatment for a 124 . 5 -acre watershed in Roseland. The watershed lies east of the Florida East Coast Railroad (FEC) and west of US Highway 1 , north of the City of Sebastian and south of the St. Sebastian River, Figure A shows this watershed ' s location with respect to Brevard County and the Indian and St. Sebastian Rivers . The Roseland project will reduce the frequency and severity of flooding within the natural slough just south of Bay Street. The area is subject to nuisance flooding that causes road access problems. The creation of additional flood storage in two wet detention ponds and the construction of control structures to bleed down each lake will improve the quality of discharge flowing to the St. Sebastian River. This project is currently in the initial design phase through funding provided by the County and the St. Johns River Water Management District (SJRWMD) . The vast majority of the 124 .5-acre watershed drains northeastward toward the Indian River Lagoon. This project is proposed to improve water quality in the St. Sebastian River (designated a Class III Aquatic Preserve by Florida Department of Environmental Protection (FDEP)) and in the Indian River Lagoon system, an "estuary of national significance" (designated by Environmental Protection Agency ' s (EPA) National Estuary Program). This is to be accomplished by capturing stormwater runoff and routing the water into two detention ponds for treatment prior to discharge into the St. Sebastian River. WATERSHED RESTORATION ACTION STRATEGY: This project is included as part of the Indian River County 2020 Comprehensive Plan and has been requested by the Roseland Property Owners Association. It is also listed as a project for completion in the Indian River County Comprehensive Plan ' s Capital Improvement Program Element. Contributions from local governments, like Indian River County, in Action FSD- 13 to be completed during the next two years (IRLCCMP, revised 1998) are estimated at $ 6,000, 000. Completion of the East Roseland project will address stormwater improvements and directly supports the IRLCCMP, Action FSD- 13 , "Upgrade Existing Stormwater Drainage Systems" (IRLCCMP, page 122) . It also is listed as a priority objective in the 1994 Indian River Lagoon Surface Water Improvement and Management Plan (SWIM), revised 1994 . In this plan (page 100), it states that "stormwater runoff is considered to be the single most significant source of pollution for most surface waters. " Furthermore, the plan recognizes stormwater runoff problems in the East Roseland area (page 244) . Finally, the DEP Agreement No. G0061 , Attachment A, Page 1 of 9 a � project is listed in the St. Johns River Water Management District Comprehensive 5 -Year Plan as a priority project for funding during year 2 , FY2000 (IRLCCMP, revised 1998) . ESTIMATED POLLUTANT LOAD REDUCTION: Construction drawings are approximately 80 percent complete and SJRWMD permit applications have been submitted. Changes to the design and permit may become necessary for the North Pond, if the property owner designates a different location for the stormwater facility. The goal is to achieve the maximum amount of pollutant reduction within the constraints of the previously developed area. There will be no increase in peak discharge rates for either the mean annual or the 25-year/24-hour storm events. PROJECT OBJECTIVES : In 1994, Woodward-Clyde, consultants under contract to the Indian River Lagoon National Estuary Program (IRLNEP), published eight volumes of technical reports describing the historical data reviewed, their assessment of the data and its reliability. The three reports considered pertinent to Indian River County are the following: Status and Trends Summary of the Lagoon, The Preliminary Water and Sediment Quality Assessment of the Indian River Lagoon, and Loadings Assessment of the Indian River Lagoon . In these volumes of literature, the Indian River County area of the Lagoon (from Sebastian Inlet to the St. Lucie County Inlet) is designated by Woodward-Clyde as Segment 3 . Segment 3 , known as the South Central Indian River Lagoon basin, is further divided into 24 sub-basins. Figure B indicates the area of the East Roseland project within Segment 3 . The major canal systems and large basins within Segment 3 that have been extended by ditching contribute the largest pollutant loadings in this segment. Three Chapter 298 districts exist within this basin. They are Fellsmere Farms Water Control District, Sebastian River Water Control District, and Indian River Farms Water Control District. These three districts are varied in land use and drainage characteristics. The highest loadings in the South Central Indian River Lagoon segment occur in the Indian River Farms Water Control District sub-basins, due to the characteristics of this urban built-out area, which utilizes extensive ditching, and canal systems draining to the Indian River Lagoon. When compared to other segments throughout the Indian River Lagoon region, it was calculated by Woodward-Clyde that Segment 4 (St. Lucie County area) accounts for the highest segment-wide pollutant loads, followed by Segment 3 , the Indian River County area. Woodward-Clyde noted that Indian River Farms Water Control District and Sebastian River Water Control District are among the highest area loading rates for the entire waterbody. Woodward-Clyde attributes these high loadings to the intense agricultural uses or the combinations of urban and agricultural development. Woodward-Clyde listed priority issues for the Lagoon as follows : ( 1 ) reduction of stormwater runoff loads from the urban areas; (2) the initiation of studies to determine if septic tanks are impacting the Lagoon by contributing fecal coliforms and excess nutrients; (3) the retrofitting of stormwater systems in developed urban areas, including US Highway 1 ; and (4) the use of best management practices (BMPs) in stormwater treatment. To conclude, in Segment 3 , the effects of the Sebastian River and the Indian River Farms Water Control District discharges are obvious, as salinity values drop to about 26.0 ppt near the Vero North, Main, and South Canal outfalls . This part of the Lagoon has a small surface area, so evaporation is reduced. Another example of the effect of the freshwater discharge into this segment is color. According to Woodward-Clyde, wet season color values are higher than dry season values by a factor of three, indicating discharge of colored, tannin-laden waters during wet season stormwater and groundwater flow. Total phosphorus values around the three Vero canal discharge points (South, Main and North canals), as well as at the Sebastian River, the Fellsmere Canal, and C-54, are substantially higher than elsewhere in the Lagoon. Total Kjeldahl Nitrogen is also elevated in the portion of the Lagoon between Wabasso and Vero Beach, indicating that this entire segment of the Lagoon is affected by discharges from the Sebastian River and the Indian River Farms Water Control District. Several technical objectives relating to the improvement of water quality for the East Roseland area include: ( 1 ) limit average discharge rates; (2) limit post-development peak discharge rates to pre-development peak levels; (3 ) provide approximately one-half inch detention for the watershed; and (4) reduce flood elevations by constructing stormwater runoff storage. Activities in the Indian River County ' s Surface Water Management Plan are expected to reduce solids, sediments, organic matter, freshwater and nutrients discharged from Indian River County' s stormwater systems. These actions will influence Lagoon trends in a positive direction. To date, Pollutant Load Reduction Goals DEP Agreement No. G0061 , Attachment A, Page 2 of 9 a r (PLRGs) have not been established for the Indian River County area or for other waters in the vicinity. The St. Johns River Water Management District (SJRWMD) has initiated the PLRG development process and is refining the model to develop goals for this area. PROJECT DESCRIPTION : The project, the creation of two stormwater detention ponds, will provide flood control and stormwater quality treatment for a 124. 5-acre watershed in Roseland. The watershed lies east of the Florida East Coast Railroad (FEC) and west of US Highway 1 , north of the City of Sebastian and south of the St. Sebastian River. (An additional 28 acres of treated stormwater flowing from developed commercial sites along US 1 will also flow through the North Pond only. This area is downstream of the South Pond, and, therefore, it will not impact that treatment facility.) The area has experienced flooding due to filling for development and installation of undersized culverts as a result of development in the area over the past several years . A natural drainage slough fills with runoff, overtops and floods Bay Street, and impedes stormwater flowing from areas upstream. The proposed project will include construction of two detention ponds and installation of enlarged culverts and conveyance swales to relieve flooding and reduce pollutant loadings to the St. Sebastian River, a major tributary to the Indian River Lagoon. The river is an area of special concern within the watershed of the Indian River Lagoon, a state priority waterbody designated under the Surface Water Improvement & Management (SWIM) Program and part of the state ' s Unified Watershed Assessment. The Roseland project will reduce the frequency and severity of flooding within the natural slough just south of Bay Street. The area is subject to nuisance flooding that causes road access problems . The creation of additional flood storage in wet detention ponds and the construction of control structures to bleed down the ponds will improve the quality of discharge water flowing into the St. Sebastian River. This project is currently in the design and permitting phase . Permits are currently being reviewed by SJRWMD . The goals of the project are to maximize pollutant removal and cause no increase in peak discharge rates for the mean annual and 25 -year/24-hour storm events . Each project partner plays an integral role in this project. Indian River County, through its Local Option Sales Tax (LOST), will contribute cash to the development, construction, education and water quality monitoring on the project. The Roseland Property Owners Association will donate time in an effort to coordinate with the SJRWMD ' s Watershed Action Volunteer (WAV) Program to educate homeowners about the project. No cash or in-kind services have been identified as a contribution from the association to the project. However, the Roseland Property Owners Association director stated that they are very interested in being fully involved in the educational process. SJRWMD ' s WAV Program, in conjunction with Indian River County ' s Stormwater Department, will contribute in-kind services to the project, as well as implement the majority of the project' s Public Education Component. The St. Johns River Water Management District Cost-Share Program will contribute cash to the project through the award of two cost-share grants to the County. SURFACE WATER MONITORING AT THE EAST ROSELAND STORMWATER IMPROVEMENT PROJECT : Indian River County staff will be in charge of the project' s monitoring program. All sampling and analysis will be performed in accordance with Chapter 62- 160, FAC. All laboratory analyses will be performed in accordance with USEPA and FDEP approved protocols. The selected laboratory firm will maintain a Florida Department of Health ELCP certification and implement all applicable NELAC standards. County staff will perform field activities using current DEP Standard Operating Procedures. A Quality Assurance Project Plan (QAPP) will be completed and submitted to DEP for review and approval at least six months prior to the start of post-construction monitoring. Post-construction Stormwater Monitorine: The effectiveness of this project in reducing stormwater loadings will be quantified via stormwater monitoring over a period of twelve months. The County will take stormwater flow and water quality samples for each pond at the inlets and outfalls. Stormwater sampling will be conducted in accordance with the Florida Department of DEP Agreement No. G0061 , Attachment A, Page 3 of 9 Environmental Protection (FDEP) requirements for wet weather sampling. A flow-weighted sample will be collected at each sampling point. Sample collection will be performed using personnel approved under the QAPP. Automatic samplers and flow recorders will be used. A minimum of seven storms will be sampled. Standard rainfall gauges meeting US Weather Bureau specifications will be used. Parameters to be Monitored : Field * Specific Conductance pH For Laboratory Analyses : Total Kjeldahl Nitrogen Oil and Grease Nitrate and Nitrite Nitrogen Hardness Ammonia Nitrogen Zinc Total Phosphorus Copper Orthophosphorus Cadmium Biological Oxygen Demand (BOD) Chromium Total Suspended Solids (TSS) Documentine and Reporting : Following each sampling event, a summary report will be prepared. The report will include, at a minimum: date and time period of the rain event; total rainfall; date, time, and location of the sampling ; method of sample preservation; summary of field activities; name and address of laboratory performing analyses; results of the laboratory analytical work; and pollutant removal efficiencies . PUBLIC EDUCATION FOR THE EAST ROSELAND STORMWATER IMPROVEMENT PROJECT : Indian River County will offer public education to the East Roseland area residents about the problems associated with stormwater-carried pollution and how to prevent the introduction of pollutants into stormwater. Education will be accomplished using the SJRWMD Watershed Action Volunteer (WAV) Program and County staff, through meetings with the Roseland Property Owners Association. The County staff will consider direct mailings of stormwater related materials to ensure that all East Roseland Residents are informed. A successful program can lead to decreased pollutant loadings from residential properties. PROJECT WATERSHED CHARACTERISTICS : Watershed size-- 124 . 5-acre Land Uses within the Watershed (acres/percentage): Urban 3 .74 ac ./3 % Other 59. 76 ac ./48% (residential,) Other 57.27 ac./46% (undeveloped) Other 3 .74 ac ./3 % (proposed ponds) SPECIFIC OUTPUTS/DELIVERABLES : Task 1 : Survey Project Site and Wetlands Mapping Description: The County ' s engineering consultant has prepared a complete survey of the two pond systems designated for development in this project. [Additional survey work may be required if the North Pond is relocated.] Expected Results : A complete, efficient and cost-effective design. Deliverables: A complete survey of the property. Task 2 : Conceptual & Final Engineering Design and Permitting Description: The County' s engineering consultant will prepare final design specifications and construction documents for the stormwater detention ponds, as well as apply for all final permits. Expected Results : A complete, efficient and cost effective design and all necessary permits. Deliverables : A complete set of design and construction drawings, construction specifications, and all necessary permits. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment A, Page 4 of 9 Task 3 : Land Acquisition Description: The County has met with the two affected property owners. A tentative acquisition agreement has been reached with the South Pond owner. The North Pond location is still to be determined. The property owner has not decided which portion of his property he is willing to sell. Final negotiations are pending. Acquisition is contingent upon permit issuance . Expected Results: Two parcels to be utilized as wet detention areas. Deliverables : Two parcels to be utilized as wet detention areas. Task 4 : Prepare, Advertise, Receive, Evaluate and Award Construction Bid Description: The County will prepare, advertise, receive, and evaluate bids for construction of the two major pond systems and swale improvements at the Roseland project sites . An award will be made, contracts signed, and notice-to-proceed issued. Expected Results : A number of received competitive bids will be evaluated and a responsible low bid will be selected. Deliverables : A construction contract with a notice-to-proceed issued to the responsible low bidder. Task 5 : Construction of Stormwater Detention Pond Facilities Description: The County ' s selected contractor will construct the stormwater detention ponds . Expected Results : Complete and adequately constructed facilities . Deliverables : Construction of stormwater facilities at North Pond and South Pond. Task 6 : Implementation of Water Quality Monitoring Program Description: Water quality monitoring over a period of one year will be conducted at the inlets and outfalls of each stormwater pond. The goal is to determine the treatment effectiveness of the constructed ponds . Expected Results : Post-construction comparison of inflow and outflow results for each pond will provide valuable water quality data to determine the efficiency shortly after construction of the stormwater pond BMPs . Deliverables : QAPP ; a complete monitoring program; event monitoring results with progress reports ; a final project report that includes a summary of the stormwater analyses with respect to the efficiency of the two stormwater ponds . Task 7: Implementation of Education Component Description: A stormwater education program will be implemented for the East Roseland area homeowners . Expected Results : Increased homeowner awareness of stormwater-carried pollution and the detrimental effects that this pollution has on the St. Sebastian River and the Indian River Lagoon. Deliverables : Deliverables will include copies of materials distributed to residents, copies of any media coverage, agendas, or notes from meetings held with residents regarding this project, and a reporting in the final project report of the total number of persons attending workshops and the total number of mailings of stormwater related materials to East Roseland residents. Task 8 : Project Reporting Description: A draft final report and a final project report will be prepared for submittal to DEP. The draft report will be reviewed by DEP and comments incorporated into the final document. Expected Results : Draft and final reports . Deliverables : Draft final report; final report (five paper copies in addition to an electronic version in either Adobe or Word format) with photographic documentation of the project construction at a minimum. Digital, slides, or video is acceptable. The report will include a summary of the monitoring results, efficiency results of the stormwater ponds, problems encountered during the project, and a detailed financial accounting of the project costs, including grant and match funding. Other final work products should include as-built plans associated with this project, copies of press releases, and fact sheets or other materials distributed to the public. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment A, Page 5 of 9 PROJECT MILESTONES (1 ) : Task/Activity Start Complete Task 1 . Survey Project Site and Wetlands Mapping Completed Completed 2 Task 2 : Conceptual & Final Engineering Design and Permitting Underway Month 11 (3 Task 3 : Land Acquisition Underway Month 15 Task 4 : Prepare, Advertise, Receive, Evaluate and Award Month 12 Month 15 Construction Bid Task 5 : Construction of Stormwater Detention Pond Facilities Month 15 Month 25 Task 6: QAPP Development and Implementation of Water Month 20 Month 44 Quality Monitoring Program Task 7 : Implementation of Education Component Month 3 Month 44 Task 8 : Project Reporting I Month 45 Month 48 Notes : ( 1 ) Month 0 = The date the Section 319 Contract is executed. (2) Additional survey work and wetlands mapping will be required if the North Pond is relocated from the existing proposed location. (3) Additional permitting will be required if the North Pond is relocated from the existing proposed location. PROJECT BUDGET : $744,000 319(h) GRANT FUNDING: $289,000 BUDGET BY ACTIVITY: SEE WORK PLAN PROJECT FUNDING ACTIVITY 319 $ AMOUNT MATCHING FUNDS BY SOURCE (Entity) Staff 0 $5 ,000 LOST Travel 0 0 Equipment 0 0 Supplies 0 0 Contractual $289,000 $55 ,500 (LOST) $ 142 ,500 (SJRWMD) Land Acquisition 0 $200,000 (LOST) BMP Implementation (See Contractual & 0 0 Education Categories) Monitoring 0 $255000 (LOST) Public Education 0 $20,000 (LOST) $5 , 000 SJRWMD WAV Program) Other draft & final reports) 0 $2,000 (LOST) TOTAL $289,000 JIL5 000 TOTAL PROJECTED COST: 744 000 LOST - Indian River County ' s Local Option Sales Tax SJRWMD WAV Program — St. Johns River Water Management District Watershed Action Volunteer Program SJRWMD - St. Johns River Water Management District' s Local Government Stormwater Cost Share Program. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment A, Page 6 of 9 BUDGET BY TASK: SEE WORK PLAN TASK 319 (h) FUNDS NON FEDERAL MATCH FUNDS Task 1 . Survey Project Site and Wetlands Mapping -0- $ 18 ,000 (LOST) Task 2. Conceptual & Final Engineering -0- $ 10,000 (SJRWMD) Design and Permittin $35 ,000 LOST Task 3 . Land Acquisition -0- $200,000 (LOST) Task 4. Prepare, Send, Receive, Evaluate and Award -0- $51000 (LOST) Construction Bid Task 5 . Construction of Stormwater Detention Pond Facilities North Lake System $ 89,000 $ 105 ,000 (SJRWMD) South Lake System $20000 $27,500 (SJRWMD) Task 6. Development of APP and Implementation of -0- $2, 500 (LOST) P Q mp $259000 (LOST) Water Quality Monitoring Program Task 7. Implementation of Public Education Component -0- $209000 (LOST) $5 ,000 (SJRWMD WAV Program) Task 8 . Project Reporting 0 $2 ,000 LOST TOTAL $289,000 115L5 000 TOTAL PROJECT $744,000 LOST - Indian River County' s Local Option Sales Tax SJRWMD WAV Program — St. Johns River Water Management District Watershed Action Volunteer Program SJRWMD - St. Johns River Water Management District ' s Local Government Stormwater Cost Share Program REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment A, Page 7 of 9 w All 5w,vat* Jtfiw..w �— THIS PROJECT �� _• INDIAN RIVER CCUNir VVIVIVIV /w. l...r•rM • y�y yM Ry ,S 'WOO I it1+7lWRM DlOt/n RMR a 84Z o 0o ya O f4 s TOM fit � ��y.. kms. . _• _;: �'� �k 7t:r F�yJ.ti -�e .a. 7K L • .riff.: ..}j •.TL+Sy''�• . i� ��' •1����. . . Figure A . Project Watershed Location Fj L OCA T I DN MA P DEP Agreement No. 60061 , Attachment A, Page 8 of 9 a Z c� W , li : ...ifa�: U " J l i•w ^ 1 , ry. IJ .:a}h ;. t •], �1.`ryfr ' ON M1 _ V ,r 1� ,�� . ; �V Ji�•F'f:L '!L a }Wli• 1:5 T ^r^"•�1• ! 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Sol 010 LAJ C) O_ 10 O 11 J Z • rl N Z I O o CM o� ►- U v I I V) r{ O t W W O 3 a I � I Saal X J iy W W V. a.c pC 3 Sl f < Zz � W � . d -r z C� I1t m s4mwwtO ILAIPI N I I w m p ? r m J ba Y 6) I— W W z O W Sac C= o Z 11 In W1 LP! L.. 3 O u y mA Z D It 11 11 11 It 11 11 ft Q O IO ^ N N N N N V •� I W � U 1 _. I i I x d M c o o o a o QQO . � 1 ��Tt i vg ��ki•�� I I � Q y0 of load, W Sao tkA' 1 LL�4'.y� Fti Q Z . I. . . . . . .. . .I h w CU ++ ¢ t O O N y LLJ I I mo: m m z oo •'d a t, .. bA I I Z $ I I O Z .T C • 9 7 4 Cts I I N O W �»•S- �, V A W • I I a tJ N 1 2 N A rr � � r� �•» � +.� � 11 11 N la ; c 7 `o 0 uz ' I I a ATTACHMENT B PAYMENT REQUEST SUMMARY FORM GRANTEE : Indian River County Board of GRANTEE ' S GRANT MANAGER: County Commissioners PAYMENT REQUEST NO. : DEP AGREEMENT NO. . G0061 DATE OF REQUEST : PERFORMANCE PERIOD . AMOUNT PERCENT MATCHING REQUESTED : $ REQUIRED : GRANT EXPENDITURES SUMMARY SECTION Effective Date of Grant throu End-of-Grant Period AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE PAYMENTS MATCHING FUNDS Salaries $ $ $ $ Fringe Benefits $ $ $ $ Travel (if authorized) $ $ $ $ Subcontracting: Planning $ $ $ $ Design $ $ $ $ Construction $ $ $ $ Construction Related Costs $ $ $ $ Equipment Purchases $ $ $ $ Supplies/Other Expenses $ $ $ $ Land N/A N/A $ $ Overhead $ $ $ $ TOTAL REQUESTED $ $ $ $ TOTAL GRANT AGREEMENT Less Total Cumulative Payments of: TOTAL REMAINING IN GRANT GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager ' s Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEP Agreement No. G0061 , Attachment B, Page I of 1 n ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (March 2003) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements : ( 1 ) Salaries : A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits : Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e. g. , insurance premiums paid) . If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel : Reimbursement for travel must be in accordance with Section 112 . 061 , Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means . (4) Other direct costs : Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1 . 017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273 .02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges : Charges which may be of an internal nature (e. g. , postage, copies, etc .) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs : If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216 .346, Florida Statutes, a contract between state agencies, including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. The Florida Department of Financial Services, Reference Guide to State Expenditures (March, 2003 ) can be found at the following web address : www.dbf. state . fl .us/aadir/reference guide , DEP Agreement No. G0061 , Attachment C, Page 1 of 1 r � ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No. : G0061 Grantee Name : Indian River County Board of County Commissioners Grantee Address : Grantee 's Grant Manager , Telephone No. : Quarterly Reporting Period : Project Number and Title : Indian River County East Roseland Stormwater Improvement Project 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. G0061 , Attachment D. 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 update, comparing the project budget to actual costs to date. Expenditures Prior to this Expenditures Budget Total Project Reporting this Reporting Project Funding Category Budget Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No . G0061 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee ' s Grant Manager Date DEP Agreement No. G0061 , Attachment D, Page 2 of 2 � r ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department ", 'DEP '; 7DEP " 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. 1 . In the event that the recipient expends $ 300,000 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. 3 . If the recipient expends less than $300,000 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 $300,000 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 intemet at hn://aspe.os .dhhs . gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment E, 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)(1), Florida Statutes . 1 . In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 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 Executive Office of the Governor and the Chief Financial Officer; 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)(d), 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 $300,000 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 less than $300,000 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 http ://sun6 . dms . state . fl . us/fsaa/catalog. htm or the Governor's Office of Policy and Budget website located at http ://www. eog. state. fl .us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www. leg. state . fl.us/, Governor's Website http ://www. flgov . com/, Department of Financial Services ' Website hqp ://www. dbf. state. fl. us/, and the Auditor General's Website http ://www. state . fl.us/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(7) (m), 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 Agreement 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 : REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment E, Page 2 of 5 A. The Department of Environmental Protection at each of the following addresses : Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 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 C. 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 each of the following addresses : Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3 . Copies of financial reporting packages required by PART 11 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following : A. The Department of Environmental Protection at each of the following addresses : Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General ' s Office at the following address : State of Florida Auditor General Room 401 , Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399- 1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses : Audit Director Florida Department of Environmental Protection Office of the Inspector General , MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Agreement No. G0061 , Attachment E, Page 3 of 5 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 Agreement No. G0061 , Attachment E, Page 4 of 5 Y EXHIBIT — 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following : Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category Original Environmental Protection 66 .460 Non-Point Source Implementation Grants $289,000 . 00 140076 Agreement Agency State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal A ency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97 F.S. : State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Total Award $2899000 . 00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://aspe. os.dhhs. gov/cfdal and/or the Florida Catalog of State Financial Assistance (CSFA) [hi!p ://sun6 . dms . state. fl. us/fsaa/catalog. h The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP Agreement No. G0061 , Attachment E, Page 5 of 5 ATTACHMENT F Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U. S.C. 1352 (See reverse for public burden disclosure.) 1 . Type of Federal Action : 2. Status of Federal Action : 3. Report Type: F] a. contract ❑ a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only : e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity : 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agcncy: 7. Federal Program Name/Description : CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI): differentfrom No. l0a) (last name, first name, MI): (attach Continuation Sheets) SF-LLLA, if necessary) 11. Information requested through this form is authorized by title 31 U.S.C. Signature: section 1352. This disclosure of lobbying activities is a material print Name representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title: semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not Telephone No. : Date: less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form — LLL (Rev 7 — 97) Form DEP 55-221 (01/01 ) Page I of 2 DEP Agreement No. G0061 , Attachment F, Page 1 of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352 . The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1 . Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2 . Identify the status of the covered Federal action. 3 . Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred . Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard . 7. Enter the Federal program name or description for the covered Federal action (item 1 ). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001 :' 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11 . The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Form DEP 55-221 (01/01) Page 2 of 2 DEP Agreement No. G0061 , Attachment F, Page 2 of 2 ATTACHMENT G QUALITY ASSURANCE REQUIREMENTS FOR DEP AGREEMENTS 1 . 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 the document "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 a laboratory certified by the Department of Health Environmental Laboratory Certification Program (DoH ELCP) for the test methods and analytes 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, and shall be fully certified within six months . 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. Prior to providing analytical services, the laboratory must provide information for all test measurements that at least one set of performance test samples that meet the DoH ELCP certification requirements have been passed successfully within the last 6 months . D . Laboratories shall maintain certification for all test methods during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately contracted to a laboratory with current DoH ELCP certification. The laboratory shall notify the project manager in writing of any changes before such changes are made . E . A copy of the DoH Certificate and the list of test methods for each laboratory shall be provided to the project manager with submission of the QAPP or upon receiving DoH certification (see 2 .13 above). F. All non-standard laboratory procedures (i.e. those that do not appear on the Department' s list of recognized methods) whether DoH ELCP certification is required or not, shall be submitted for review and approval in accordance with DEP-QA-001 /01 , "New and Alternative Analytical Laboratory Methods", January 1 , 2002 . The method must be approved by the Department before use . G. The Contractor shall ensure that the essential quality control measures, laboratory report content and documentation are consistent with Chapter 5 of the NELAC standards and DEP-QA-002/02 . In addition: 1 . The final concentration of any spike fortification must be at the laboratory ' s stated PQL or at the action level if it exceeds the PQL. If the measured sample background exceeds the specified spike level by more than a factor of two, then the spike level must be 2-5 times the measured background level in the sample that is selected for spiking. If a spiked sample is spiked at an incorrect level, then the entire batch of samples must be re-prepared, a new aliquot of the same sample must be re-spiked at the correct level for this batch, and the batch reanalyzed. The sample to be spiked should be randomly selected, and it must be reported which sample was spiked. All spike fortification must take place prior to any necessary preparation. The results must meet the established laboratory acceptance criteria for the specific matrix. If none have been developed, the laboratory shall use the criteria for LCS until such limits are established. 2 . No analyses may be performed using expired reagents, calibration solutions or check solutions . 3 . The concentration of each calibration standard used to generate a nonlinear calibration curve must be calculated based on the curve. All calculated calibration concentrations must be within 85 % - 115% of the known concentration for that standard. 4. If a relative response factor is used to determine the sample concentration, the continuing calibration checks must meet the method stated acceptance criteria. 5 . Analytical sensitivity must be evaluated using a check standard prepared at the practical quantitation limit for each analytical run as described above for PQLs . DEP Agreement No. G0061 , Attachment G, Page 1 of 4 6. The absolute value of the raw instrument value must be less than the MDL for all blanks . 7 . If method control limits for any measurements are exceeded (including control limits for sample matrix spikes), then the analysis must be repeated if possible. All sample data that is associated with a failed quality control measure 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 provided for in Chapter 62- 160, F.A. C. , must be identified and defined in the report. 8 . The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes . 9 . If a field blank, equipment blank or trip blank result is greater than the MDL, the result must be confirmed by reanalyzing a new aliquot of the sample . The laboratory must investigate sufficiently to determine that positive blank results are not due to a laboratory error, and report results with appropriate qualifiers and/or comments . 3 . FIELD ACTIVITIES A. All sample collection and field activities shall be performed in accordance with the Department ' s "Standard Operating Procedures for Field Activities" (DEP-SOP-001 /01 dated January 1 , 2002 . B . Any non-standard field procedure shall be submitted for review and approval in accordance with FA 2000 of the Department ' s Standard Operating Procedures . The procedure must be approved by the Department before use . 4. REPORTING, DOCUMENTATION AND RECORDS RETENTION A. All laboratory and field records as specified in Chapter 62 - 160, F .A. C., shall be retained for a minimum of five years after the project completion. B . In addition to the NELAC-compliant laboratory report, the Contractor shall require that the laboratory provide additional information to satisfy the "Tier 1 " validation requirements as outlined in DEP-QA-002/02 . C. All applicable data qualifier codes as mandated by Chapter 62- 160, F.A. C . , and included in DEP-QA-002/02 shall be used. D . The Contractor shall adhere to the documentation and records requirements for project data contained in DEP-QA- 002/02 . E. 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. 5 . AUDITS A. AUDITS BY THE DEPARTMENT — Pursuant to 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, must provide the Department with the requested information, including the raw analytical data for all analyses of a sample (regardless of whether the data are reported) . If an audit by the Department determines that the data are not usable for the proposed purpose, the Department reserves the right to terminate the contract and require the Contractor to reimburse the Department for all payments made for work done on the collection or analysis of data. B . PLANNING REVIEW AUDITS — 1 . Initial: Within one month after the second sampling and analysis event has been completed (including all analyses), the Contractor and all associated subcontractors shall review the planning document (see 6 below) relative to the field and 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 design or schedule. A summary of the review, including any corrective action plans or amendments to the planning document shall be sent to the DEP Agreement No. G0061 , Attachment G, Page 2 of 4 Department Contract Manager within one month of the review, and a copy shall be maintained with the permanent project records. 2 . Ongoing: Planning reviews as described in 1 above shall occur annually. C. QUALITY SYSTEMS AUDrrs — The Contractor and all subcontractors shall ensure that the required laboratory and field quality system and management systems audits are performed, and documented in the organization's 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 Project Data Quality Objectives and Data Quality Indicators. 6. PLANNING DOCUMENTS A. A Quality Assurance Project Plan (QAPP) shall be submitted to the Department Project Manager for review and approval. The plan shall be consistent with the EPA Document EPA-QA/R-5 , EPA Requirements for Quality Assurance Project Plans, dated March 2001 . Failure to submit the required QAPP within six months of the initiation of sampling activities shall result in suspension of the Contract until the document has been submitted to DEP . B. The Contractor and affected subcontractors have three (3) opportunities to submit their QA Plan documents to the Department for approval . If any Plan fails the approval process three (3) times, the Department may terminate the Contract in its entirety. Failure to provide acceptable QA Plans as required will result in suspension or termination of this Contract. C. The Department Contract Number shall appear on the title page of the submitted QAPP. Within forty-five (45) days of receipt of properly identified documents by the DEP, the Department shall review and either approve the QAPP, or provide comments to the Contractor and affected subcontractors as to why the Plan is not approved. If further revisions are needed, the Contractor shall then have fifteen ( 15) days from the receipt of such comments to respond. The Department shall respond to all revisions within 30 days of receipt. D. If QA Plan review is delayed, through no fault of the Contractor, beyond sixty (60) days after the Plan is received by the Department, the Contractor shall have the option, after the Plan is approved, of requesting and receiving an extension in the term of the Contract for a time period not to exceed the period that review was delayed. This option must be exercised at least sixty (60) days prior to the current termination date of the Contract. E . Sampling and analysis may not begin until the QAPP has been approved. F. Once approved, the Contractor shall follow the protocols specified in the approved QAPP including, but not limited to : 1 . Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; 2 . Using only the protocols approved in the QAPP; and 3 . Using only the equipment approved in the QAPP. G. If any significant changes such as changes in procedures or test methods, changes in organizations, or changes in key personnel occur, the Contractor shall submit appropriate amendments to the Department Project Manager for review and inclusion into the QAPP . Failure to submit the required amendments or to meet any of the above-stated conditions may result in the decision by the Department Project Manager to suspend or terminate the Contract. 7, DELIVERABLES A. The following outlines the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this contract: 1 . Copy of DoH ELCP certificate, including the list of test methods and analytes, shall be submitted with the draft QAPP. 2 . Copies of performance test results (see 2C of laboratory) shall be submitted with the draft QAPP. 3 . Non-standard laboratory or field procedures — Prior written approval is required and will be provided upon submission of the complete packet of information for review. DEP Agreement No. G0061 , Attachment G, Page 3 of 4 4 . Planning Review Audits - As specified in S .B. 5 . Statement of Usability - As specified in S .D . 6. Planning Document - See 6 . Note: All documents referenced in the Attachment are available at the following website : hn://www.dep. state. fl.us REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment G, Page 4 of 4 w ' � ATTACHMENT H CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: G0061 1 . The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals : (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malting false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2. (a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal , State or local) terminated for cause or default. 3 . Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this 1 0th day of June 20 0 3 By � —AW40e; Authorized Signature/Contractor � . Typed ame/Title CU . t n Contractor' s Firm e ` SAW I NU Street Address a Q a .r Building, Suite Number o � ' U o a= a) Y W w W- ' C CU W City/State/Zip dode M cn o E c 1JG C CD d= *�-' o 12 Q m U it O Area Code/Telephone Number p Form DEP 55-220 (01/01) DEP Agreement No . G00619 Attachment H, Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1 . By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3 . The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction , debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5 . The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction, " without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR 9, subpart 9 .4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501 -4740 or (202) 501 -4873 .) 8 . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FORM 55-220 (01 /01 ) DEP Agreement No. G0061 , Attachment H, Page 2 of 2 ATTACHMENT I Contract Provisions All contracts awarded by a recipient including small purchases, shall contain the following provisions as applicable : 1 . Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with E . O . 11246, "Equal Employment Opportunity, " as amended by E. O. 11375 , "Amending Executive Order 11246 Relating to Equal Employment Opportunity, " and as supplemented by regulations at 41 CFR part 60, " Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. " 2 . Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S. C. 276c) - All contracts and subgrants in excess of $2 ,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act ( 18 U. S .C . 874) , as supplemented by Department of Labor regulations (29 CFR part 3 , "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ") . The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled . The recipient shall report all suspected or reported violations to the Federal awarding agency. 3 . Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40 U. S . C . 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5 , "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction " ) . Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. EPA does not consider work performed under the 319 grants to fall under the definition of construction. Therefore, this provision does not apply to this specific agreement number. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2 ,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U . S .C . 327-333 ), as supplemented by Department of Labor regulations (29 CFR part 5) . Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours . Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 %2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous . These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence . DEP Agreement No. G0061 , Attachment I, Page 1 of 3 e 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental , developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401 , "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, " and any implementing regulations issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $ 100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U . S .C . 7401 et seq . ) and the Federal Water Pollution Control Act as amended (33 U. S .C . 1251 et seq .) . Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) . 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $ 100,000 or more shall file the required certification . Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U. S . C . 1352 . Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient . 8. Debarment and Suspension (E .O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E . O . s 12549 and 12689, "Debarment and Suspension . " This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E . O . 12549 . Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees . 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S. C. 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U. S.C. 300h-3 (e)) - Contracts and subgrants of amounts in excess of $ 100 ,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U. S .C . 1368) and Section 1424(e) of the Safe Drinking Water Act, (42 U. S . C . 300h-3 (e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) . 10. Compliance with all Federal statutes relating to nondiscrimination. These include but are not limited to : (a) Title VI of the Civil Rights Act of 1964 (P . L . 88 -352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973 , as amended (29 U. S .C . 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975 , as amended (42 U. S .C . 6101 -6107) , which prohibits discrimination on the basis of age ; (d) the Drug Abuse Office and Treatment Act of 1972 (P .L . 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P. L . 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U. S . C . 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records ; (g) Title VIII of the Civil Rights Act of 1968 (42 U. S .C . 3601 et seq .), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions DEP Agreement No. G0061 , Attachment I, Page 2 of 3 in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) which may apply. 11 . Compliance with the requirements of Titles H and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs . These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases . 12 . Compliance with the provision of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Comply, if applicable, with flood insurance purchase requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $ 10, 000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P .L . 91 - 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EP 11738 ; (c) protection of wetlands pursuant to EO 11990 ; (d) evaluation of flood hazards in floodplain in accordance with EO 11988 ; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 ( 16 U. S . C . 1451 et seq.) ; (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955 , as amended (42 U . S . C . 7401 et seq .); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523 ); and (h) protection of endangered species under the Endangered Species Act of 1973 , as amended (P .L . 93 - 205) . 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a- 1 et seq.) 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance . 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S. C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures . 20. Compliance with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94463, 89 Stat. 871 ) . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment I, Page 3 of 3 ATTACHMENT J REGULATIONS Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B ; other regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs . The following list contains regulations and Office of Management and Budget Circulars which _ may apply to the work performed under this Agreement, Subchapter A - General 40 C .F.R. 4 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 40 C .F .R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by EPA 40 C .F . R. 29 Intergovernmental review of EPA programs and activities 40 C .F .R. 30 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations Subchapter B — Grants and Other Federal Assistance 40 C .F .R. 31 Uniform administrative requirements for grants and cooperative agreements to state and local governments 40 C .F .R. 32 Government-wide debarment and suspension (nonprocurement) and government- wide requirements for drug-free work place (grants) ; Clean Air Act and Clean Water Act ineligibility of facilities in performance of federal contracts, grants and loans 40 C .F .R. 34 New restrictions on lobbying 40 C .F .R. 35 State and local assistance Other Federal Regulations 48 C .F .R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency Office of Management and Budget Circulars A-21 Cost Principles for Educational Institutions A-87 Cost Principles for State, Local , and Indian Tribal Governments A- 122 Cost Principles for Non-Profit Organizations A- 133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0061 , Attachment J, Page 1 of 1