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DEP AGREEMENT NO , G0143
STATE OF FLORIDA
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 Indian River County Stormwater Division, 1840 25`x' Street, Vero Beach, Florida
32960-3365 , (hereinafter referred to as "Grantee" or "Recipient" ) , a local government, to provide funding for Indian River
Egret Marsh Regional Stormwater Management Facility 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 . C9-99451504-0 ; 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 (Grant 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. 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 $490,000
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 Chief Financial Officer requires detailed supporting documentation of all costs under a cost
reimbursement agreement. In accordance with the 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/Wages - 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 .
2 . Overhead/Indirect/General and Administrative Costs - Shall not be reimbursed under this
Agreement, but may be used by the Grantee as a matching contribution.
DEP Agreement No . GO 143 , Page 1 of 10
3 . 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 that 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 .
4 . Travel — Requests for reimbursement of travel expenses are not authorized under the terms of
this Agreement.
5 . Equipment - (Capital outlay costing $ 1 ,000 or more) — The purchase of non-expendable
equipment costing $ 1 ,000 or more is not authorized under the terms of this Agreement.
C. The Grantee may 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.html and OMB Circulars A- 87, A- 122, A-21 , as applicable, at
blip://www.whitchouse. gov/omb/circulars/index.html#numerical. Five copies of each invoice, including
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 firms 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 $ 1 , 187 , 000 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 , A-21 , as applicable.
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 .
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) hospital, or (3 )
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 and 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 agenrxr
.
DEP Agreement No . G0143 , Page 2 of 10
G. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds .
EPA Grant Number CFDA Pro ram Title F-unding Amount
C9-99451504-0 66 .460 Konpoint Source Implementation $490,000 . 00
Total Funding * $490, 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 progress reports in accordance with the schedule contained in Attachment A.
Progress reports shall be submitted in conjunction with the Payment Request Summary Form, described in
paragraph 3 .13 . Progress reports shall describe the work performed, problems encountered, problem
resolution, schedule updates and proposed work for the next reporting period. The Grantee shall utilize
the Progress Reporting Form, attached hereto and made a part hereof as Attachment D, for submitting its
progress report. Reports shall be submitted to the Department' s Grant Manager no later than twenty (20)
days following the completion of the reporting period. The final report shall be submitted no later than
thirty (30) days prior to the completion date of the Agreement. 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
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 business 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,
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 progress reports (see paragraph 5 .A) .
DEP Agreement No . G0143 , Page 3 of 10
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 on the cover page of 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 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 amount] , of which $ [show
actual amount] or [show actual percentage] 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 (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 through an agreement/contract with the Nonpoint Source Management Section of the Florida
Department of Environmental Protection. "
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.
DEP Agreement No . G0143 , Page 4 of 10
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 119 . 07( 1 ) , 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 fizrther 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 .
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.
C . Records for real property and equipment acquired with Federal fimds shall be retained for five years
following final disposition.
DEP Agreement No . G0143 , Page 5 of 10
10 . In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable
provisions contained in Attachment E, Special Audit Requirements. 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 Grant 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 comply with the procurement requirements contained in 40 C.F.R. 31 . 36 for its
selection of subcontractors.
C. The Grantee agrees to notify the Department of all subcontractors not identified in the Grant 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.
D . 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. f40 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.
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 .
D. The Grantee ' s Chief Executive Officer shall certify that no funds provided under this Agreement have
been used to engage in the lobbying of the Federal Government or in litigation against the United States
unless authorized under existing law. The Grantee shall submit Attachment G, "Lobbying and
Litigation Certificate" (attached hereto and made a part hereof) to the Department within ninety (90)
days following the completion of the Agreement period.
DEP Agreement No . G0143 , Page 6 of 10
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.
John Abendroth
Florida Department of Environmental Protection
Nonpoint Source Management Section
2600 Blair Stone Road, MS# 3570
Tallahassee, Florida 32399-2400
Telephone No. : 850/245 -8682
SunCom No. : 205 -8682
Fax No. : 850/245 -8434
SunCom Fax No . : 205 -8434
E-mail Address : John . abendroth@deg. 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
Indian River County Board of County Commissioners
Indian River County Stormwater Division
1840 25 Street
Vero Beach, Florida 32960-3365
Telephone No. : 772/567-8000 Ext. 1562
Fax No . : 772/778-9391
E-mail Address : kmccull irc ov. co
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 his employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee . Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees
not otherwise protected.
17 . The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under
Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants
and agents while acting within the scope of their employment with the Grantee.
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.
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 , timeline within current authorized Agreement
period, 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.
DEP Agreement No . GO 143 , Page 7 of 10
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 minirrze 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 H.
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 agrees
and 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; 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 I.
C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and
Attachment I 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 otherwise 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.
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 J, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee
acknowledges that the applicable regulations listed in Attachment K, Regulations , attached hereto and made a
part hereof, shall apply to this Agreement.
27 . Land acquisition is not authorized under the terms of this Agreement.
DEP Agreement No . G0143 , Page 8 of 10
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 . G0143 , Page 9 of 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF
INDIAN RIVE COUNTY, FLORIDA ENVIRONMENTAL PROTECTION
i
By: 1 By: ?A666O
Thomas S . LJowther, Chairman Secr or It
Approved by BCC April 19 , 2005 Date : 6�
ATTEST :
Jeffery K. Barton, Clerk of Circuit Court
r , tp
DeputyCIAA-1 : ' Jot endroth, DEP Grant Manager
" 4'y
Ap ov A o FornyAnd La1 ,Sii " ' e cy
.14
�2C �
lliam G. Collin§�, Co6jAtKorrqDEP Contracts Administrator
Approved • Approved as to form and legality:
kA
Jos p A. Bair , County Administrator DEP AIttorney
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 Grant Work Plan (9 Pages)
Attachment B Payment Request Summary Form and Instructions (2 Pages)
Attachment C Contract Payment Requirements (1 Page)
Attachment D Progress ss Report Form (2 Pages)
Attachment E Special Audit Requirements (5 Pages)
Attachment F Disclosure of Lobbying Activities (2 Pages)
Attachment G Lobbying and Litigation Certificate 0 Page)
Attachment H Quality Assurance Requirements 01 Pages)
Attachment I Certification Regarding_ Debarment/Suspension (2 Pages)
Attachment J Contract Provisions (3 Pages)
Attachment K Regulations ( 1 Page)
DEP Agreement No . GO 143 , Page 10 of 10
ATTACHMENT A
GRANT WORK PLAN
Egret Marsh Regional Stormwater Management Facility
COOPERATING ORGANIZATIONS :
Indian River Farms Water Control District
St. Johns River Water Management District
Indian River County Cooperative Extension Service
PROJECT LOCATION :
An Algal Turf Scrubber® stormwater treatment system is proposed to be constructed in the unincorporated area of
Indian River County to treat water flowing in the canal system of the Indian River Farms Water Control District
(IRFWCD) . The 35 -acre site, owned by Indian River County, is located in the southwest portion of the county
adjacent to the Lateral C canal at the southeast corner of 4t' Street and 74`h Avenue . The project location is
latitude 270 36 ' 32" and longitude 80° 28 ' 46". The system will treat water contributed by a 9,000-acre
agricultural drainage basin, a part of the approximately 50,000-acre IRFWCD . Currently, the flows from the
IRFWCD discharge with little treatment to the Indian River Lagoon near to or in the City of Vero Beach. The
Indian River Lagoon is an Estuary of National Significance and a St. Johns River Water Management District
( SJRWMD) SWIM program priority water body. The IRFWCD is located in central and south Indian River
County, as shown on the attached project location map. The Hydrologic Unit Code for the Indian River Lagoon is
03080203 .
POLLUTION REDUCTION STRATEGY:
Indian River County ' s Egret Marsh Regional Stormwater Management Facility is proposed to be located within
the watershed of the Indian River Lagoon, an Estuary of National Significance and a Surface Water Improvement
and Management (SWIM) Plan priority water body. The Watershed Restoration Action Strategies that this project
helps fulfill, as presented in the Indian River Lagoon Comprehensive Conservation and Management Plan
(IRLNEP(a), 1996), include :
FSD-3 Develop and implement pollution load reduction goals (PLRGs) for all areas of the Indian River
Lagoon.
FSD -4 Develop and implement new and improved best management practices (BMPs) for management
of freshwater discharges or stormwater management.
FSD-5 Develop a comprehensive drainage map of the Indian River Lagoon basin.
FSD- 11 Educate residents and property owners about the impacts of freshwater and stormwater
discharges on the Indian River Lagoon and what they can do to reduce those impacts.
FSD - 12 Undertake a review of the plan of reclamation, standard operating procedures and project works
of each large drainage system. Develop strategies to reduce discharges to the Indian River
Lagoon.
FSD- 14 Develop appropriate mechanisms to fund and undertake the operation, maintenance and
improvement of stormwater management systems .
The 1994 Indian River Lagoon SWIM Plan strategies that this plan helps to fulfill are :
IR- 1 - 101 -D Water quality monitoring network/point and nonpoint sources,
IR- 1 - 104-D Nutrient loadings ; assessment of point and nonpoint sources,
IF-3 - 107-D Stormwater management : nonpoint source identification and control .
DEP Agreement No. G0143 , Attachment A, Page 1 of 9
The revised 2002 SWIM Plan reiterates these strategies and names the IRFWCD sub-basin as a priority non-point
source project in the IRL Basin.
This project is the first regional effort to reduce pollutant loads and freshwater discharges to the Indian River
Lagoon from the IRFWCD . An interim goal of 50% reduction of nutrient and suspended solids has been adopted
by all involved parties (Indian River County, IRL Program ( SJRWMD) , IRFWCD, City of Vero Beach) until Total
Maximum Daily Loads (TMDLs) or Pollutant Load Reduction Goals (PLRGs) are formally established (FSD-3 ) .
This project will implement a new BMP for stormwater management (FSD-4) and this treatment system is an
agricultural BMP . As part of the East Indian River County Master Storinwater Management Plan (Master Plan),
this project will help complete a comprehensive drainage basin map of the IRL (FSD-5 ) . The environmental
education element will inform residents of Indian River County and particularly the citrus growers, about managed
stormwater treatment systems, and the potential for pollutant removal in the IRFWCD basin (FSD- 11 ) . Since the
IRFWCD is a Florida Statutes Section 298 drainage district, this project will assist in reducing discharges from
this large-scale drainage system to the IRL (FSD- 12) . Indian River County will fund operation of this system.
(FSD- 14) .
Additionally, as part of the master planning process, verification of existing pollutant loads and new loading
calculations will be completed (IRL- 1 - 104-D) . Monitoring of the water quality in the canals has already been
completed to some extent by IRFWCD and additional monitoring is planned in this project (IRL- 1 - 101 -D) . This
project will identify and quantify the nonpoint source problem in this area of the IRFWCD , and provide control
(IRL-3 - 107-D) .
ESTIMATED POLLUTANT LOAD REDUCTION :
The typical challenge in estimating pollutant load reductions is first obtaining an accurate estimate of the pollutant
loads from the watershed. These loads are influenced by land use distribution and management practices . Models
that estimate the pollutant loads apply coefficients for the various land conditions, land practices and
their
distribution. This can be done for the Indian River County project. However, 46 years of water quality data does
exist for the Indian River Farms canal system. This averaged data, coupled with recent specific field monitoring,
provides a more accurate representation of the expected pollutant loadings to the project site . Reducing these
loadings by well-established BMP treatment efficiencies will provide a relatively accurate estimate of the project' s
pollutant load reduction.
According to IRLNEP(b) ( 1994), the total discharge from the IRFWCD is 148 cfs on a mean annual basis . This
equates to 96 million gallons/day (MGD) . The Main Relief Canal drainage basin contributes approximately 50%
of the flow on average (48 MGD) . The proposed Egret Marsh project anticipates a withdrawal from a point below
a control structure that regulates flow from the Lateral C Canal that flows into the Main Relief Canal. This 9,000-
acre sub-basin contributes half of the Main Canal ' s flow, or 24 MGD .
The proposed Egret Marsh treatment system is designed to handle an average flow of 10 MGD . Based on this
average daily withdrawal from the Lateral C canal and the average concentrations of selected pollutants, the
annual loading rate can be established for this project as follows :
Annual Loadings Based on Average Withdrawal of 10 MGD, Average Canal Water Quality at the Lateral
C Canal Radial Gate - Based on IRFWCD and County Data
Constituent Lateral C Canal Annual Load lbs.
TSS 16 . 0 m L 4877056
TN 1 . 59 m L 48 ,401
TP 0 . 52 m L 15 , 829
A treatment-train approach using multiple Best Management Practices (BMP) is recommended for this site . The
flow of canal water will pass first through a pre-treatment pond and then through an Algal Turf Scrubber®
(ATSTM) system. While some biological activity will occur in the pre-treatment wet pond, the primary purpose of
the pond is to capture suspended solids and floatables at the head of the treatment system. A method
for
determining the removal efficiency of suspended solids in wet ponds presented in Wanielista and Yousef ( 1993)
was used to predict the pre-treatment pond performance given different flow rates . A portion of total nitrogen and
total phosphorous load, which is associated with suspended solids will also be removed. From Wanielista and
DEP Agreement No. G0143, Attachment A, Page 2 of 9
Yousef ( 1993 ) it is assumed that 25 % of the total nitrogen is associated with suspended material, and 40% of the
total phosphorous is associated with the suspended material . The following table presents the results of efficiency
calculations using these assumptions .
Pre-Treatment Pond Estimated Removal Efficiencies
Flow Rate TSS removal TN removal TP removal
10.0 MGD 62% 15 % 25 %
The second BMP in the treatment train is a managed aquatic plant system (MAPS) . This is a proven technology
currently being used in Okeechobee for a South Florida Water Management District ( SFWMD) project
(Okeechobee S- 154 Managed Aquatic Plants System Water Treatment Facility) . That project, designed and
operated by HydroMentia, Inc . , employs a MAPS that is a combination Water Hyacinth Scrubber (WHSTM) and
algal turf scrubber system (ATSTM) . Recent testing of this system shows that water with nutrient concentrations
similar to those in the IRFWCD can be treated to a high level just using an ATSTM without using a WHSTM . Based
on the SFWMD ' s system' s performance, a six-acre ATSTM is capable of treating 10 MGD . The ATS contributes
significantly to the overall continuous treatment efficiency of the treatment-train system. Results from the
SFWMD project are incorporated into the estimated ATSTM removal efficiencies below:
Algal Turf Scrubber ATS System Estimated Removal Efficiencies
Flow Rate TSS Removal TN Removal TP Removal
10 MGD 80% 75 % 63 %
The third BMP is a polishing pond. The polishing pond will offer some water quality improvements, but they are
small compared to the high quality of treatment provided by the ATSTM . However, the polishing pond will provide
an important ecological benefit and storage for water potentially needed by other users . It also allows any algal
material that escapes from the ATSTM to be collected before final discharge.
Finally, a small demonstration passive wetland polishing system will be provided. This tertiary treatment system
will receive part of the treated flow discharging from the polishing pond. Through plant uptake and settling, the
wetland polishing system will remove suspended solids and much of the dissolved nutrients that escape the
polishing pond. The wetlands will be a valuable ecological enhancement and an important educational component
and they will demonstrate that high quality wetlands may be established when they are properly loaded from a
nutrient perspective . These wetlands will provide a needed habitat and refuge for the birds, amphibians, insects,
and animals that the park will attract. They will become a valuable wildlife refuge and nature
facility,
demonstrating a successful effort to recreate this area ' s original ecosystem.
Using the treatment efficiencies presented for each element of the treatment train (excluding the polishing wetland
since it will not treat the entire design flow), the combined overall treatment efficiency of the system can
be
estimated:
Overall Pollutant Removal Efficiencies for Egret Marsh
Flow Rate TSS Removal TN Removal TP Removal
10 MGD 92% 78 % 72 %
Resulting Annual Loads of Pollutants Removed lbs. er ear
INNEMENEW 448 ,091 1 37 ,753 11 ,397
The significance of these removal rates are realized when they are compared with the total loadings from the
IRFWCD ' s 50,000+ acre basin and the basin ' s proposed load reduction goals :
The Treatment System' s Removal Efficiencies Compared With IRFWCD ' s Total Loadings and the
Corresponding Load Reduction Goals Established by the Master Plan
Description Percent TSS Percent TN Percent TP
Removed Removed Removed
IRFWCD Basin ' s total loading 1 ) 7 % 10% 17%
Proposed Load Reduction Goal 2 ) 12 % 20% 35 %
( 1 ) The total yearly loadings from the IRFWCD are : TSS = 6, 167 ,733 pounds/year, TN = 385 , 596 pounds/year,
and TP = 66,380 pounds/year. [ 1995 draft SWIM program as listed on page 86 of the Master Plan. ]
DEP Agreement No. G0143 , Attachment A, Page 3 of 9
(2) The load reduction goals for the IRFWCD basin are : TSS = 3 , 597, 783 pounds/year, TN =
190, 280
pounds/year, and TP = 32 ,971 pounds/year. [Page 87 of the Master Plan. ]
As the above table shows, Egret Marsh ' s treatment system will meet 35 percent of the total phosphorus load
reduction goal for the IRFWCD and 20 percent of the IRFWCD ' s total nitrogen load reduction goal. These results
indicate a very significant step toward achieving the pollution reduction targets established by the Master Plan.
Just as noteworthy, the ATSTm has been shown by the SFWMD studies to facilitate some reduction of color from
the tannin stained canal water. This is a very important benefit because clearer water will result in better light
penetration through the water column, and this will aid in the recovery and growth of seagrass in the IRL .
Use of EPA STEPL Model to Estimate Pollutant Load
The Spreadsheet Tool for the Estimation of Pollutant Load (STEPL) was applied to the 9, 000-acre basin.
Estimates for TSS loading using the model are slightly higher than the water quality based estimates, 798 tons/year
versus 609 tons/year. Estimates for TP loadings using water quality data were five times higher than the model
estimate and water quality based estimates for TN loadings were three times higher than the model estimates . We
believe the water quality based estimates are more accurate for pollutant load reduction calculations for this
proj ect.
PROJECT OBJECTIVES : The objectives of this project are as follows :
1 . Reduce high levels of nitrogen, phosphorous, suspended solids, and other loads from an agricultural basin
to the Indian River Lagoon in the vicinity of Vero Beach, Florida.
2 . Provide Indian River County staff with a full-scale facility operating experience, as they consider managed
aquatic plant systems for meeting the interim goal of 50% pollutant load reduction.
3 . Demonstrate the Algal Turf Scrubber® technology as an effective structural BMP to citrus growers in the
Indian River Farms Water Control District and the public .
4 . Assess the use of an Algal Turf Scrubber® to treat the variable flows from a water control district,
significantly reducing the land space needs in a basin that is rapidly changing to urban use with escalating
land values .
5 . Assess the use of a managed aquatic plant system to reduce seagrass growth-inhibiting optical parameters,
including suspended solids, turbidity, and color,
6 . Evaluate the use of a recycle stream in the Algal Turf Scrubber® to achieve enhanced removals from the
aquatic plant system,
7 . Identify beneficial uses for the biomass produced, to include but not be limited to soil additive, animal feed
materials, and biogas production, and
8 . Educate the public about the potential for pollutant load reduction to the IRL using managed aquatic plant
systems for stormwater treatment.
PROJECT DESCRIPTION :
The Indian River Farms Water Control District (IRFWCD) is a Florida Statutes Section 298 drainage district that
encompasses approximately 50, 000 acres in Indian River County. About 35 % of the IRFWCD area is agricultural,
primarily citrus . Over 50% of the area, however, is urban, and the urban land use is increasing steadily. Three
primary canals discharge stormwater runoff and groundwater into the Indian River Lagoon, with flows regulated
to some extent for both drainage and irrigation purposes through several control structures (IRLNEP(b), 1994) .
Secondary and tertiary ditches flow into the primary canals, most of which were constructed beginning in the
1920 ' s .
According to the Indian River Lagoon Comprehensive Conservation and Management Plan (IRLNEP(a), 1996),
the IRFWCD is one of several large inter-basin drainage systems that extended the historic drainage basin of the
Indian River Lagoon into large areas that previously drained into the St. Johns River. As a result of this drainage
DEP Agreement No. G0143 , Attachment A, Page 4 of 9
basin extension, the salinity of the Indian River Lagoon is affected by large-scale freshwater discharges during the
wet season. Additionally, in the IRFWCD basin the agricultural and urban land uses have increased the historic
contribution of nutrients, suspended solids, and other pollutants to the Indian River Lagoon.
In the Status and Trends Summary of the Indian River Lagoon (IRLNEP(d), 1994) the effects of the discharges of
the IRFWCD are documented. Salinity values in the Lagoon drop to an annual average of about 26 ppt near the
IRFWCD outfalls . The discharges cause an increase in the color values in the Lagoon during the wet season by a
factor of about 3 . Color is an important optical parameter that has been shown to inhibit the health of seagrasses.
Additionally, total phosphorous values are substantially higher in the IRL around the IRFWCD discharges than in
other areas of the Lagoon. Total Kjeldahl Nitrogen concentrations are also elevated.
In the Loadings Assessment of the Indian River Lagoon , (IRLNEP(c) 1994) total annual loads for nitrogen,
phosphorous, suspended solids, BOD, zinc, and lead are presented for the entire IRFWCD . These total loads were
used to estimate the existing loads contributed by the drainage basins of the Main and South Canals (totaling
37 ,500 acres) — these are the two IRFWCD drainage basins predominately affected by the Lateral C Canal
discharges . The combined Main and South Canal loadings are estimated to be :
Total Nitrogen: 99 ,412 kg = 110 tons
Total Phosphorous : 13 , 598 kg = 15 tons
Total Suspended Solids : 2 ,277,715 kg = 2 ,500 tons
BOD : 295 , 347 kg = 325 tons
Zinc : 2,337 kg = 2 . 5 tons
Lead: 3 , 141 kg = 3 . 5 tons .
Flows from the Main and South Canals are 78 and 39 cubic feet per second (cfs), respectively, on an annual basis .
The maximum monthly discharge for the Main Canal is 465 cfs, and for the South Canal is 292 cfs (IRLNEP(b),
1994) .
To address the problems of the IRFWCD , in the spring of 2001 , Indian River County awarded a contract to
prepare a stormwater management master plan for the 37, 500 acre area of IRFWCD that drains into the Main and
South Canals, approximately 75 % of the total IRFWCD drainage basin. In early 2002 , the contract was amended
to include the North Relief Canal drainage basin in the study, thus making the study encompass the entire
IRFWCD drainage basin. As part of this effort, Indian River County identified managed aquatic plant systems as
a potential structural BMP in the agricultural areas of the IRFWCD basin. Less intensively managed aquatic plant
systems have also been identified as a possible option for stormwater park areas with enough acreage
to
accommodate them. Indian River County has developed this proposed project because it will remove huge
quantities of pollutants from the IRFWCD canal system. It will demonstrate the effectiveness of a managed
aquatic plant based treatment system to both agricultural and urban stakeholders. Because this is a "full-scale"
system, permanent water quality benefits will be achieved as part of the effort to affect a 50% to 60% reduction of
nutrient and suspended solids loads to the IRL . Additionally, construction of a fully operational system will allow
Indian River County to obtain real-rime data about operation and maintenance costs for a managed aquatic plant
system.
In the Master Plan, a County- owned parcel of land was identified for potential use for treatment of water from the
IRFWCD canal system. This site is called the Southwest Industrial Stormwater Park in the Master Plan and has
been renamed the Egret Marsh Regional Stormwater Park (Egret Marsh) . The site is a 35 -acre parcel at the
southeast corner of 74"' Avenue and 4`h Street. A preliminary engineering report has been completed for this site,
recommending a design flow rate of 10 MGD to be withdrawn from the Lateral C Canal for treatment. Canal flow
averages 24 MGD with nutrient-rich contributions from a 9, 000-acre drainage basin ( 80% agricultural, 20%
urban) .
As discussed in the "Estimated Pollutant Load Reduction" section, a treatment-train approach using multiple
BMPs is recommended for this site . To recap, 10 MGD of canal water will pass first through a pre-treatment
pond, then through an algal turf scrubber system, and finally through a polishing pond. Some of the effluent from
the polishing pond will flow through a manmade wetland for further treatment. Finally, the treated water will flow
back into the IRFWCD canal system, and it will ultimately discharge into the IRL.
DEP Agreement No. G0143 , Attachment A, Page 5 of 9
The first water quality BMP is the pretreatment wet pond. Its primary purpose is to capture suspended solids and
floatables at the head of the treatment system. An existing pond will be converted to the pretreatment pond. It
will likely have a short detention time (a few hours) . Nevertheless , it will capture a large percentage of the canal
water ' s heaviest suspended solids . The pretreatment pond will be approximately 4 .4 acres in water surface area
and the banks will be planted with a littoral zone .
The second BMP is the 6 acre ATSTM which is the heart of the treatment system. The ATSTM consists of a sloped,
geomembrane liner overlain with a grid on which algae grow. Nutrient enriched waters are discharged onto this
structure and an algal turf is cultured. The algal turf is comprised of dense mats of small anatomically simple
periphytic or benthic algae less than several centimeters high. These turfs are very effective at removing nutrients,
color, and a variety of pollutants found in stormwater and freshwater seepage. Wave motion is introduced to
enhance the exchange of metabolites between the algal cells and the water medium. The Algal Turf Scrubber®
will be similar to the unit processes currently in operation at the HydroMentia, Inc . demonstration project near
Okeechobee, Florida.
The biomass produced by the ATSTM must be harvested periodically to remove the collected nutrients from the
treatment system and to avoid succession of the algal mat to less desirable algae species such as macroalgae and
macrophytes . Harvesting is accomplished efficiently using a small all-terrain vehicle dragging a scraper over the
algal mat. The scraper dislodges the algae which is washed into a collection flume where it is physically removed
from the flow by a mechanical rake at a centralized harvesting location. The harvested biomass is then conveyed
to a bunker where it is available for further processing.
A single operator can harvest over one acre of ATSTM per hour, resulting in a harvest of about 5 wet tons or 0 . 5 dry
tons . The recovered plant biomass can be efficiently composted into a high-grade product with a typical analysis
as shown below.
Typical Analysis of Harvested Product
-Nitrogen N 2 . 0
- Phosphorus P2O5 1 . 0
Potassium KZO 0 . 5
Sulfur S 0 . 2%
Calcium Ca 1 . 5 °,x'0
- Magnesium MG 0 . 25 %
Moisture 40%
The harvested plant material, which is typically 20-30 percent protein, may also be processed into a livestock feed
product.
The ATSTM process is based partly on agricultural operations and the IRFWCD has a number of agricultural
operations within its boundaries . If desired, effluent from the ATSTM could be used to irrigate the orange groves
adjacent to the site as a demonstration project of reuse . The organic material harvested from the system could also
be composted and used to replace some of the fertilizer needed for the citrus operation. One of the assessments to
be completed is an evaluation of the ability of this system to create a reusable waste stream as an alternative
disposal technique to simply composting .
The third BMP is the 4 .7 acre effluent polishing pond and it will remove any algae escaping the ATSTM, together
with some of the remaining nutrients . This is also an existing pond whose banks will be modified to accommodate
littoral plantings. The pond will harbor a large population of fish, insects, waterfowl, and other animals .
A smaller and fourth BMP is the 3 . 2 acre passive wetland system. This will receive some of the polishing pond ' s
effluent and further reduce the remaining pollutant load. A very high quality wetland system will be attainable
under these circumstances and it will offer additional refuge to many birds, amphibians, and animals . Together
with the ATSTM , it will provide a unique educational opportunity for Indian River County ' s citizens .
Water from the Lateral C Canal will be pumped from downstream of the existing radial gate water control
structure into the pretreatment pond. The side slopes of this existing pond will be modified to have a shallower
slope to allow for littoral zone planting . Water from the pretreatment pond will then be pumped to the ATSTM
DEP Agreement No. G0143 , Attachment A, Page 6 of 9
which is a wide channel constructed at a slight slope that is lined with a synthetic liner, upon which attached algae
will grow. Surge boxes will provide a very effective hydraulic regime for algae growth. The flow into the algal
scrubber may be combined with a recycle stream taken from the scrubber' s discharge; thus, the project could also
provide operational data to evaluate effluent recycling (similar to a wastewater treatment plant trickling filter
operation), which will allow further fine-tuning of the system' s treatment efficiency. Discharge from the algal
scrubber will be sent by gravity to the polishing pond and some of it will be routed from the polishing pond to the
polishing wetland. The side slopes of the existing polishing pond will also be modified to a shallower slope for
littoral planting. All treated water will be discharged by gravity back into the IRFWCD canal system. Under
normal flow conditions the treated water will overflow into Lateral B-4 Canal and flow east into the Lateral B
Canal. Under certain weather conditions, the water will also temporarily overflow into the Lateral C Canal.
Therefore, the proposed project is a managed aquatic plant treatment system that will remove significant quantities
of pollution from the IRFWCD drainage system, helping to achieve the current goal of a fifty to sixty percent
reduction of pollutant loads from the IRFWCD to the Indian River Lagoon. It is also a demonstration project
because it will show the benefits of a managed aquatic plant system for the IRFWCD that is operated as an
agricultural process . Because farmers understand through their daily work the task of maximizing biomass, the
concept behind the treatment system is easy to explain. It is believed that additional buy- in for the process will be
achieved when the citrus growers have an opportunity to see the treatment system "in action" .
A modified aquatic plant system has also been discussed as a primary functional element of stormwater parks that
may be located nearer to or within the urban area of the IRFWCD . The proposed project will allow the basic
operation of a managed aquatic plant system to be observed, to be sure that certain operations, particularly biomass
removal through harvesting, can be accomplished in a park setting. The ATSTM ' s benefits include a high level of
nutrient (nitrogen and phosphorus) and suspended solids removal efficiency, very efficient utilization of the
existing County-owned site, production of a useful by-product, wetland and wildlife habitat creation, continuous
removal of large amounts of pollutants, and color removal .
Monitoring
A monitoring program will be conducted as part of this project. There is some existing data that will be verified
by pre-construction monitoring of flows in the canal . Parameters that will be measured will include the following :
• pH ,
• dissolved oxygen,
• salinity,
• temperature,
• Total Kjeldahl Nitrogen,
• ammonia,
• nitrates and nitrites,
• total phosphorous,
• ortho-phosphorous,
• total organic carbon (TOC) ,
• color,
• biochemical oxygen demand (BOD),
• total suspended solids,
• alkalinity, and
• pesticide and heavy metal scans (limited) .
Following construction of the treatment system, each process will be monitored for the above parameters to
determine the removal efficiency of each process, and pollutant load reduction level for the entire managed aquatic
plant stormwater treatment system.
DEP Agreement No. G0143 , Attachment A, Page 7 of 9
Public Education
For the public education effort, the SJRWMD Indian River Lagoon (IRL) Program and the Indian River County
Cooperative Extension Service will provide the public, including the citrus growers and the urban residents of
IRFWCD, with information about the project. Tours and demonstrations of site operations will be conducted
monthly for other local governments interested in this land space saving technique. The IRL Program will publish
project updates in the quarterly newsletter, and will inform other residents within the Indian River Lagoon
watershed about the use of aquatic plant systems . The Cooperative Extension Service will work within Indian
River County to provide information on the treatment system to the growers, but also to provide information to the
urban residents regarding the applicability of this BMP as well as other agricultural BMPs (low-volume irrigation,
reduced fertilization, etc .) in the urban setting. The Cooperative Extension Service will sponsor field trips to the
site, and will include project updates in their multi-county newsletter. This project will be incorporated into the
County ' s NPDES stormwater education program.
In summary, the tasks that are required to accomplish the construction of this treatment facility include :
• Collect land surveying information (Completed prior to execution of this Agreement) ,
• Prepare a Preliminary Engineering Report (Completed prior to execution of this Agreement),
• Perform a pilot study at the site with an ATS to develop final design data,
• Perform final design and layout of the treatment facility,
• Permit the system through the SJRWMD Environmental Resource Permit (ERP) process,
• Construct the facilities,
• Monitor treatment efficiencies of each process during operation,
• Monitor the overall treatment efficiency during operation,
• Develop the public education element, including focusing on the IRFWCD ,
• Determine harvesting and compost requirements,
• Develop operating and maintenance requirements and costs for the facility,
• Assess the suitability of the BMPs for use in other agricultural basins, and
• Prepare quarterly progress reports, a draft final report and a final report.
SPECIFIC OUTPUTS/DELIVERABLES0
1 . Construction plans, specifications, bidding, and construction documents for a full-scale managed
aquatic plant based stormwater treatment,
2 . Approved permit documents for the treatment system,
3 . Constructed managed aquatic plant treatment system,
4 . Operation and maintenance data,
5 . Assessment of BMP applicability for other stormwater treatment situations ,
6 . Quarterly progress reports,
7 . Draft project report,
8 . Five copies of a comprehensive final project report,
9 . PowerPoint presentation of BMP construction and operation, and
10 . Public education program.
PROJECT MILESTONES :
Description Start Complete
Prepare and submit final Water Quality Monitoring Plan and QAPP Month 1 Month 3
Finalize system design Month 1 Month 9
Analyze existing data/monitor pre-construction conditions Month 3 Month 12
Submit and obtain SJRWMD ERP approval Month 3 Month 9
Conduct public bidding process for construction Month 9 Month 11
Construct treatment system Month 12 Month 18
Operate system, monitor inputs and outputs Month 19 Month 43
Analyze data, prepare and submit draft report Month 19 Month 43
Prepare and submit final report/final invoice Month 43 Month 47
Conduct public education program Month 16 Month 47
Submit Progress Reports/Invoices Quarterly
DEP Agreement No. G0143, Attachment A, Page 8 of 9
PROJECT BUDGET : $1 ,677,000
GRANT FUNDING REQUESTED : $4909000
Amount
Matching
319 $ Funds
Staff $ 11 ,784
Travel 0
Equipment 0
Supplies 0
Contractual (Not including monitoring) 128 ,216
BMP Implementation $490,000 782 ,000
Monitoring 25 ,000
Public Education 151000
Other — Operate system 2259000
TOTAL $4909000 $ 19187,000
Note : Matching funds are provided by *Indian River County ($ 170,000), and SJRWMD ($ 981 ,350), which will
come from the $4 . 3 million, allocated by the Florida Legislature for the Indian River County Master Stormwater
Plan and stormwater treatment facility construction.
TOTAL PROJECT COST : $ 196779000 % Match = 71 %
Budget by Task:
Non-Federal
319(h) Funds Match
Description
Task 1 — Prepare QAPP $ 39000
Task 2 — Analyze existing data/monitor pre-construction conditions 9,000
Task 3 — Finalize system design 100,000
Task 4 — Conduct bid process 39000
Task 5 — Construct treatment system $4901000 7829000
Task 6 — Operate system, monitor treatment efficiencies 2509000
Task 7 — Analyze data, submit draft report 20,000
Task 8 — Prepare and submit final report 5 ,000
Task 9 — Conduct public education program $ 15 ,000
TOTAL $4909000 $ 191879000
Note : Indian River County has been funding stormwater planning and improvement projects through a dedicated,
voter approved, one-cent sales option tax (currently $400,000/year) . A new Infrastructure sales tax program has
been approved for October 2004 through 2019 . These funds are for capital projects only. Indian River County
will be evaluating other revenue sources to pay for operation and maintenance of constructed systems .
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0143 , Attachment A, Page 9 of 9
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE . GRANTEE ' S GRANT MANAGER:
DEP AGREEMENT NO. : PAYMENT REQUEST NO . :
DATE OF REQUEST : PERFORMANCE
PERIOD .
AMOUNT PERCENT MATCHING
REQUESTED : $ REQUIRED :
GRANT EXPENDITURES SUMMARY SECTION
Effective Date of Grant throu yh End-of-Grant Period
IN
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE
PAYMENTS MATCHING
FUNDS
Salaries N/A N/A $ $
Fringe Benefits N/A N/A $ $
Travel (if authorized) N/A N/A N/A N/A
Subcontracting :
Planning $ $ $ $
Design $ $ $ $
Construction $ $ $ $
Construction Related Costs $ $ $ $
Equipment Purchases N/A N/A N/A N/A
Supplies/Other Expenses $ $ $ $
Land N/A N/A N/A N/A
Indirect N/A N/A N/A N/A
TOTALS $ $ $ $
AGREEMENT AMOUNT $ $
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 . GO 143 , Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE : Enter the name of the grantee ' s agency.
DEP AGREEMENT NO. : This is the number on your grant agreement.
DATE OF REQUEST : This is the date you are submitting the request.
AMOUNT REQUESTED : This should match the amount on the " TOTAL AMOUNT " line for the "AMOUNT OF THIS
REQUEST' column.
GRANTEE ' S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement.
PAYMENT REQUEST NO. : This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD : This is the beginning and ending date of the invoice period.
PERCENT MATCHING REQUIRED : Enter your match requirement here .
GRANT EXPENDITURES SUMMAR Y SECTION:
"AMOUNT OF THIS REQUEST" COLUMN : Enter the amount that was paid out during the invoice period. This must
be by budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not
claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically
identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the " TOTALS"
line. Enter the budget amount on the "AGREEMENT AMOUNT' line . Enter the total cumulative amount of this request
and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line . Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "AGREEMENT AMOUNT' for the amount to enter on the " TOTAL
REMAINING IN GRANT' line .
"TOTAL CUMULATIVE PAYMENTS" COLUMN : Enter the cumulative amounts that have been paid to date for
expenses by budget category. The final report should show the total of all payments, fust through the final payment, etc .
Enter the column total on the " TOTALS" line . Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN : Enter the amount to be claimed as match for the invoice period. This needs to be
shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the
" TOTALS" line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT' line for this column.
Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL
CUMULATIVE
PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the
"AGREEMENT AMOUNT' for the amount to enter on the " TOTAL REMAINING IN GRANT' line .
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN : Enter the cumulative amount you have claimed to date
for match by budget category. Put the total of all on the line titled " TOTALS. " The final report should show the total of
all
claims , first claim through the final claim, etc . Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION : Must be signed by both the Grantee ' s Grant Manager as identified in the grant
agreement and the Grantee' s Fiscal Agent.
NOTE : If claiming reimbursement for travel, you must include copies of receipts and a copy of the
travel
reimbursement form approved by the Department of Financial Services, Chief Financial Officer.
DEP Agreement No . GO 143 , Attachment B , Page 2 of 2
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 . GO 143 , Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No. : G0143
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 Egret Marsh Regional Stormwater Management Facility 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 . GO 143 , 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.)
Summarize and provide supporting documentation regarding your efforts in meeting the MBE/WBE
requirements contained in paragraph 5.B . of the Agreement
Provide a project budget update, comparing the project budget to actual costs to date.
Budget Category Total Project Expenditures this Reporting Project Funding
Budget Period Balance
Please refer to the Payment Request Summary Form for the total cumulative payment amount prior to this report.
This report is submitted in accordance with the reporting requirements of DEP Agreement No . GO 143 and
accurately reflects the activities and costs associated with the subject project .
Signature of Grantee ' s Grant Manager Date
DEP Agreement No . GO 143 , Attachment D , Page 2 of 2
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 " YDEP " 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 $ 500, 000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A- 133 , as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A- 133 , as revised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A- 133 , as
revised, will meet the requirements of this part.
2 . In connection with the audit requirements addressed in Part I, paragraph 1 . , the recipient shall fulfill
the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133 , as
revised.
3 . If the recipient expends less than $ 500, 000 in Federal awards in its fiscal year, an audit conducted
in
accordance with the provisions of OMB Circular A- 133 , as revised, is not required. In the event that the
recipient expends less than $ 500, 000 in Federal awards in its fiscal year and elects to have an
audit
conducted in accordance with the provisions of OMB Circular A- 133 , as revised, the cost of the audit must
be paid from non-Federal resources (i . e . , the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities) .
4 . The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http : //12 .46 .245. 173/efda/cfda .html.
DEP 55-215 (09/04)
DEP Agreement No. G0143, 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
$300,000 in any fiscal year of such recipient ($ 500, 000 for fiscal years ending on or after September 30,
2004), 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 $300,000 in State financial assistance in its fiscal year ($ 500,000 for fiscal
years ending on or after September 30, 2004), 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 $300, 000
in State financial assistance in its fiscal year ($ 500,000 for fiscal years ending on or after September 30,
2004), 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 ://state . fl .us/fsaa/catalog_ or the Governor's
Office of Policy and Budget website located at
hitp ://www.mvflorida. con/mytlorida/govern hent/contacts/opbOffice .html for assistance . In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
htip ://www. le ,g . state . fl .us/, Governor's Website http ://www.pWflorida. com/. Department of Financial
Services ' Website hgp ://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 Attachment shall be submitted, when required by Section . 320 (d) , OMB
Circular A- 133 , as revised, by or on behalf of the recipient directl to each of the following :
DEP 55-215 (09/04)
DEP Agreement No. G0143 , Attachment E , Page 2 of 5
A . The Department of Environmental Protection at the following address :
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
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 the following address :
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 II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following :
A . The Department of Environmental Protection at the following address :
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
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
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (09/04)
DEP Agreement No. G0143 , Attachment E , Page 3 of 5
4 . Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address :
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5 . Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A- 133 , Florida Statutes, or Chapters 10. 550 (local governmental entities) or 10. 650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable .
6 . Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A- 133 , or Chapters 10 . 550 (local governmental entities) or
10. 650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting
package .
PART V : RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (09/04)
DEP Agreement No. G0143, Attachment E, Page 4 of 5
EXHIBIT — 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING :
Federal Resources Awarded to the Reci fent Pursuant to this Agreement Consist of the Following :
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
Original United States Environmental 66 .460 Nonpoint Source Implementation Grants $490,000 . 00 140076
Agreement Protection Agency
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro
rams :
Federal
State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A reement 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 $49000 . 00
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal
Domestic Assistance (CFDA)
[http : // l2 . 46 . 245 . 173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [http ://state . fl.us/fsaa/catalog]
. 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 55-215 (09/04)
DEP Agreement No . G0143 , 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/Agency: 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. I0a)
(last name, first name, Ml) :
(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
representation of fact upon which reliance was placed by the tier above Print Name:
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 1 of 2
DEP 55 -215 (01 /02)
DEP Agreement No . GO 143 , 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 55 -215 (01 /02)
DEP Agreement No . GO 143 , Attaclunent F , Page 2 of 2
ATTACHMENT G
To APPM OMD NQ M30.Q= Ayycwlrap= MAW
LOBBYING AND LITIGATION CERTIFICATE *
18/EPOW%
I hereby certify that none of these funds have been used to engage in the lobbying of
the Federal Government or in litigation against the United States unless authorized
under existing law.
Assistance AgreementNumber(s)**
Chief Executive Officer
Date
* Complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban
Development, and Independent Appropriations Acts, Public Law 106-277, Section 424 and 2000 Department
of Veterans Affairs and Housing and
Urban Development, and Independent Appropriations Acts, Public Law 106-74, Section 426 and any other
subsequent Appropriation Act requirements.
* *If certifying for more than one grant number and more space is needed, please list additional numbers in
the space provided below:
Please mail this formto your Grant Specialist DO NOT send this information to the Offence of Management do Budget.
Burden Statement - The annual public reporting and "cord keeping burden for this collection of information is estimated to average
5 mimrtes er respondent Burden means the total time, effort, or financial resources appended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal agency. This includes tho ffime needed to review instructions; develop,
acquire, install, and utilize technology and systems for the purposes of collecting, validating, and vetifying information, processing
and maintammg information, and disclosing and providing information; adjust the existing ways to comply with any previously
applicable instructions and requirements; train persomel to be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct
or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15 .
Send comments on the Agency' s need for this information, the accuracy of the provided burden estimates, and any suggested
methods for miniminng respondent burden, including through the use of automated collection techniques to the Director,
Regulatory Information Division, U.S. Envirommnental Protection Agency (2137), 401 M. SL , S.W. Washington, D. C. 2MM; and to
the Office of Information and Regulatory Affairs, Office of Management and Budget, 72517th Street, NW, Washinggton, DC
20503 , Attention: Desk Officer for EPA . Include the EPA ICR number and OMB control number in any oorrespondence.
EPA Fomm 5700-53 (Rev. 2-02)
DEP Agreement No . GO 143 , Attachment G, Page 1 of 1
ATTACHMENT H
Quality Assurance Requirements
1 . All sampling and analyses performed under this Agreement must conform to the requirements set
forth in Chapter 62 - 160 , Florida Administrative Code ( F .A. C . ) and " Requirements for Field and
Analytical Work performed for the Department of Environmental Protection under Contract' ( DEP-QA-
002/02 ) , February 2002 .
2 . LABORATORIES
a . The GRANTEE shall ensure that all laboratory testing activities are performed by laboratories
certified by the Florida Department of Health Environmental Laboratory Certification Program
( DoH ELCP ) for all applicable matrix/method/analyte combinations to be measured .
b . If the laboratory is not certified for some or all of the proposed test measurements , the laboratory
shall apply for certification within one month of Agreement execution . Within six months of
Agreement execution , the laboratory shall be fully certified for all applicable
matrix/method/analyte combinations to be performed . Regardless of when the laboratory
receives certification , the laboratory must implement all applicable standards of the National
Environmental Laboratory Accreditation Conference ( NELAC ) upon Agreement execution .
C. Laboratories shall maintain certification as specified in item 2 . a above during the life of
the
Agreement. Should certification for an analyte or test method be lost, all affected tests shall be
immediately sub-contracted to a laboratory with current DoH ELCP certification in the appropriate
matrix/method/analyte combination (s ) . The GRANTEE shall notify the DEP project manager in
writing before any change to a sub-contracted laboratory is made .
d . A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for
each contracted or sub-contracted laboratory shall be provided to the DEP project manager upon
Agreement execution or upon receiving DoH certification (see items 2 . a and 2 . b above) .
e . The GRANTEE shall ensure that an acceptable initial demonstration of capability ( IDOC ) , as
described in Appendix C of Chapter 5 of the NELAC Standards is performed . Each laboratory
that performs any of the proposed matrix/method/analyte combination (s ) must have the requisite
IDOC documentation and supporting laboratory records . IDOCs shall be performed before the
test procedure is used to generate data for this Agreement . If requested by the Department,
documentation that supports the IDOC shall be made available for review .
f. When performance test samples are not required by DoH ELCP for certification , the laboratory
shall obtain , analyze and evaluate performance test samples , standard reference materials
(SRM ) or other externally assayed quality control (QC ) samples , hereinafter known collectively as
quality control check (QCC ) samples .
( i ) The laboratory shall ensure that the selected QCC samples (s ) represent all
matrix/method/analyte combinations that are not subject to certification requirements .
These samples shall be analyzed at six-month intervals and the results shall be within the
acceptable range established by the QCC sample provider .
( iii ) Before providing analytical services for this Agreement, the laboratory must provide to the
DEP project manager the results of the QCC sample (s ) and the associated acceptable
range (s ) as established by the QCC sample provider . The submitted results must be from
QCC samples that have been completed within the previous six months prior to the
submission date .
g . Any non -standard laboratory procedures or methods that are proposed for use ( i . e . , those not
approved by DEP for standard environmental analyses ) shall be submitted for review and
approval in accordance with DEP-QA-001 /01 , " New and Alternative Analytical Laboratory
Methods , " February 1 , 2004 . These procedures or methods shall be approved by the DEP
project manager before use under this Agreement and must be cited or described in the required
planning document (see Section 6 ) .
h . The GRANTEE shall ensure that Practical Quantitation Limits ( PQLs ) and Method Detection
Limits ( MDLs ) required by the Agreement are listed in the planning document (see Section 6 ) .
L The GRANTEE shall ensure that the selected laboratory test methods listed in the planning
document can provide results that meet the Agreement data quality objectives .
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DEP Agreement No . GO 143 , Attachment H , Page 1 of 11
j . The GRANTEE shall ensure that all laboratory testing procedures follow the analytical methods
as approved in the planning document (see Section 6 ) .
k . The GRANTEE shall ensure that the all laboratory quality control measures are consistent with
Chapter 5 of the NELAC standards .
I . In addition , the GRANTEE shall ensure that the quality control requirements specified in the
attached addenda are followed .
m . The GRANTEE shall ensure that all sample results are calculated according to the procedures
specified in the analytical methods approved in the planning document .
3 . FIELD ACTIVITIES
a . "Sample" refers to samples that have been either collected or analyzed under the terms of this
Agreement .
b . The GRANTEE shall ensure that all sample collection and field testing activities are performed in
accordance with the Department's "Standard Operating Procedures for Field Activities" ( DEP-
SOP-001 /01 , February 1 , 2004 ) . The specific standard operating procedures ( SOPs ) to be used
for this Agreement shall be cited in the planning document (see Section 6 ) .
C. Any non -standard field procedure shall be submitted for review and approval to the DEP project
manager in accordance with section FA 2000 of DEP-SOP-001 /01 . All non-standard procedures
and methods must be approved by the DEP project manager before use under this Agreement
and must be cited or described in the planning document.
d . Per the quality control measures outlined in the DEP SOPs ( FQ 1000 and the calibration
requirements of the FT-series for field testing ) , the GRANTEE shall ensure that the following field
quality controls (and any additional quality control measures specified in the addenda ) are
incorporated into the project design :
( i ) Matrix- Related Quality Controls - The GRANTEE shall ensure that the laboratory is provided
with sufficient sample volume to analyze at least one set of matrix spikes and either matrix
spike duplicates or laboratory duplicates as follows :
( 1 ) The first time a sample from a sample collection matrix (see Table FA 1000- 1 )
is
collected ;
(2 ) One in each additional 20 samples of the sample collection matrix , after the first 20
samples ; and
(3 ) The last time samples are collected for the sample collection matrix .
( ii ) Field -generated Quality Control duplicates or replicates (not to be confused with laboratory
duplicates ) shall be collected and analyzed at a frequency of 5 % of the total number of
samples collected for each matrix/analyte combination (see FQ 1220 ) .
( 1 ) All field duplicate results greater than the contracted PQL should agree within 20 % RPD
for each measured analyte . In the event that the field duplicate agreement is not
observed , the GRANTEE shall investigate and attempt to determine the cause of poor
precision . The outcome of these investigations shall be reported , including the corrective
measures taken to minimize future problems .
( iii ) Field-Generated Quality Control ( QC ) Blanks — Blanks associated with field activities as
defined in FQ 1210 of the DEP SOPs shall be collected according to the requirements of FQ
1230 .
( 1 ) If an analyte detected in the sample is also found in any field -generated QC blank that is
associated with the sample , the GRANTEE shall investigate and attempt to determine the
cause of the QC blank contamination . The outcome of this investigation shall be reported
and shall include a discussion of the corrective measures taken to minimize future
occurrences of QC blank contamination .
(2 ) If an analyte detected in the sample is also found in any field -generated QC blank that is
associated with the sample , the GRANTEE shall ensure that the analyte in the affected
sample is reported as estimated ("J" with a narrative explanation ) unless the analyte
concentration in the affected sample is at least 10 times the reported QC blank value
concentration .
( iv) The GRANTEE shall identify a second laboratory that meets the requirements in Section 1
and shall arrange to have split samples collected using the sampling procedures specified in
the Agreement and analyzed by the primary and secondary laboratories . Split samples shall
Revised 3/05
DEP Agreement No. G0143 , Attachment H , Page 2 of 11
be collected at least once during the project and at least annually thereafter . The GRANTEE
shall specify the procedure for splitting the samples in the planning document.
( 1 ) The results from the two laboratories shall be assessed using a precision criterion of no
greater than 20 % RPD as an initial guide to assessment of the split sample results .
(2 ) All differences between split sample results from the two laboratories shall be
investigated and resolved .
4 . REPORTING , DOCUMENTATION AND RECORDS RETENTION
a . The GRANTEE shall ensure that all laboratory and field records as outlined in Rules 62- 160 .240
and . 340 , F .A. C . are retained for a minimum of five years after the project completion .
b . All field and laboratory records that are associated with work performed under this Agreement
shall be organized so that any information can be quickly and easily retrieved for inspection ,
copying or distribution .
C. The GRANTEE shall ensure that all laboratory reports are issued in accordance with NELAC
requirements . These reports shall be submitted to the DEP project manager and shall include the
following information :
► Laboratory sample identification ( ID ) and associated Field ID
► Analytical/test method
► Parameter/analyte name
► Analytical result ( including dilution factor)
► Result unit
► Applicable DEP Qualifiers per Table 1 of Chapter 62- 160 , F .A. C .
► Result comment(s ) to include corrective/preventive actions taken for any failed QC
measure (e . g . , QC sample , calibration failure , etc. ) or other problem related to the
analysis of the samples
► Date and time of sample preparation ( if applicable)
► Date and time of sample analysis
► Results of laboratory verification of field preservation
► Sample matrix
► DoH ELCP certification number for each laboratory (must be associated with the test
result(s ) generated by the laboratory)
► MDL
► PQL
► Sample type (such as blank type , duplicate type , etc . )
► Field and laboratory QC blank results :
• Laboratory QC blank analysis results as required by the method , NELAC Chapter
5 and the planning document (see Section 6 below);
• Field quality control results including trip blanks , field blanks , equipment blanks ,
and field duplicates (or replicates ) as specified in the planning document (see
Section 6 )
► Results of sample matrix spikes , laboratory duplicates or matrix spike duplicates , as
applicable
► Results of surrogate spike analyses ( if performed )
► Results of laboratory control samples ( LCS )
► Link between each reported quality control measure (e . g . , QC blanks , matrix spikes ,
LCS , duplicates , calibration failure , etc . ) and the associated sample result(s )
► Acceptance criteria used to evaluate each reported quality control measure
d . The GRANTEE shall ensure that the following field-related information is reported to the DEP
project manager :
► Site and/or facility name , address and phone number
► Field ID for each sample container and the associated analytes (test methods ) for which
the container was collected
► Date and time of sample collection
► Sample collection depth
► Sample collection method identified by the DEP SOP number, where applicable
► If performed , indicate samples that were filtered
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DEP Agreement No . G0143 , Attachment H , Page 3 of 11
► Field test measurement results :
• DEP SOP number ( FT-series ) , where applicable
• Parameter name
• Result
• Result unit
• Applicable Data Qualifiers per Table 1 of Chapter 62- 160 , F .A. C .
► Narrative comments discussing corrective/preventive actions taken for any failed QC
measure (e . g . , blank contamination , meter calibration failure, split sample results , etc . ) ,
unacceptable field measurement or other problems related to the sampling event.
e . The Department reserves the right to request some or all of the laboratory or field information in
an electronic format.
5 . AUDITS
a . AUDITS BY THE DEPARTMENT — Pursuant to Rule 62- 160 . 650 , F .A. C . , the Department may conduct
audits of field and/or laboratory activities . In addition to allowing Department representatives to
conduct onsite audits , the GRANTEE , upon request by the Department, must provide all field and
laboratory records pertinent to the contracted field and laboratory activities . If an audit by the
Department results in a determination that the reported data are not usable for the purpose(s) or
do not meet the data quality objectives specified by the Agreement, the DEP project manager
shall pursue remedies available to the Department , including those outlined in Section 8 below.
b . PLANNING REVIEW AUDITS —
( i ) Initial : Prior to the completion of the sampling and analysis events and as specified in
Addendum 1 , the GRANTEE and all associated subcontractors shall review the planning
document (see Section 6 below) relative to the completed 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 and/or analytical design or schedule . Within one
month of the review, a summary of the review, including any corrective action plans or
amendments to the planning document, shall be sent to the DEP project manager and a copy
shall be maintained with the permanent project records .
( ii ) Ongoing : Planning reviews as described in item ( i ) above shall occur annually .
C, QUALITY SYSTEMS AUDITS — The GRANTEE and all subcontractors shall ensure that any required
laboratory and field quality system and management systems audits are performed according to
the respective Quality Manuals for each contracted and sub-contracted entity. These audits shall
be documented in the GRANTEE 's and subcontractors ' records .
d . STATEMENTS OF USABILITY — As a part of the audit process and the final report , the GRANTEE
shall provide statements about data usability relative to the Agreement Data Quality Objectives
and Data Quality Indicators specified in the planning document, this attachment and the addenda .
( i ) The GRANTEE shall ensure that all acceptance and usability criteria required by this
Agreement not specified above are listed in the planning document .
( ii ) The GRANTEE shall ensure that the results of all quality control measures described above
are evaluated according to the acceptance criteria listed in this attachment , the addenda and
the planning document .
( iii ) The GRANTEE shall ensure that all sample results are evaluated according to the additional
usability criteria specified in the planning document .
6 . PLANNING DOCUMENT
a . The GRANTEE shall submit the planning document identified below to the DEP project manager
no later than 120 days prior to the commencement of field and laboratory activities . Failure to
submit the planning document in this required timeframe shall result in a delay of approval to
begin work until the document has been submitted to the Department and approved by the DEP
project manager. The document shall be submitted as a Quality Assurance Project Plan (QAPP) .
The plan shall be consistent with the EPA Document EPA-QA/R-5 , EPA Requirements for Quality
Assurance Project Plans , dated March 2001 .
b . The GRANTEE and subcontractors may submit a version of the planning document to the
Department for approval no more than three times . If the GRANTEE fails to obtain approval for
Revised 3/05
DEP Agreement No . GO 143 , Attachment H, Page 4 of 11
the planning document after the third (final ) submission to the Department, the DEP project
manager may suspend or terminate the Agreement .
c. The DEP Agreement number shall appear on the title page of the submitted planning document .
Within forty-five (45) days of receipt of the properly identified planning document by the
Department, the Department shall review and either approve the planning document or provide
comments to the GRANTEE and affected subcontractors as to why the planning document is not
approved . If further revisions are needed , the GRANTEE shall then have fifteen ( 15 ) days from
the receipt of review comments to respond . The Department shall respond to all revisions to the
planning document within thirty (30 ) days of receipt of any revisions .
d . If the review of the planning document by the Department is delayed , through no fault of the
GRANTEE , beyond sixty (60) days after the planning document is received by the Department,
the GRANTEE shall have the option , after the planning document is approved , of requesting and
receiving an extension in the term of the Agreement for a time period not to exceed the period of
delayed review and approval . This option must be exercised at least sixty (60) days prior to the
current termination date of the Agreement .
e . Work may not begin for specific Agreement tasks until approval has been received by the
GRANTEE from the DEP project manager. Sampling and analysis for the Agreement may not
begin until the planning document has been approved .
f. Once approved , the GRANTEE shall follow the protocols specified in the approved planning
document including , but not limited to :
► Ensuring that all stated quality control measures are collected , analyzed and evaluated
for acceptability;
► Using only the protocols approved in the planning document ; and
► Using only the equipment approved in the planning document.
g . If any significant changes in procedures or test methods , changes in equipment , changes in
subcontractor organizations or changes in key personnel occur, the GRANTEE shall submit
appropriate revisions of the planning document to the DEP project manager for review. The
proposed revisions may not be implemented until they have been approved by the DEP project
manager. If the GRANTEE fails to submit the required revisions , the DEP project manager may
suspend or terminate the Agreement .
7 . DELIVERABLES
a . The following lists the expected schedule for the deliverables that are associated with the Quality
Assurance requirements of this Agreement :
( i ) Copy of DoH ELCP Certificate (s ) and the associated list(s ) of specific fields of accreditation ,
per item 2 . d above .
( ii ) Copies of the QCC sample results per item 2 . f. above .
( iii ) Non -standard laboratory or field procedures — The GRANTEE shall submit to the DEP project
manager all required information necessary for review of non -standard procedures per items
2 . h . and 3 . b . above .
( iv) Reports of planning review audits as specified in item 5 . b . above .
(v) Statements of Usability as specified in item 5 . d . above .
(vi ) Planning document per Section 6 , above .
H . CONSEQUENCES
a . Failure to comply with any requirement of this attachment may result in :
( i ) Immediate termination of the Agreement .
Withheld payment for the affected activities .
Agreement suspension until the requirement(s ) has been met .
( iv ) A request to refund already disbursed payments .
(v) A request to redo work affected by the non -compliant activity .
(vi ) Other remedies available to the Department .
Revised 3 /05
DEP Agreement No . GO 143 , Attachment H , Page 5 of 11
Addendum 1
Modifications to Attachment H , Quality Assurance Requirements
These modifications shall be applied to Attachment H , Quality Assurance Requirements
of DEP Agreement No . G0143 . The words "section" or "item " are numbered in reference
to the requirements of Attachment H .
LABORATORIES (SECTION 2)
► The following items in Section 2 of "Quality Assurance Requirements ", do not apply:
• 21iii . deleted
► The following items in Section 2 of "Quality Assurance Requirements ", are amended as follows :
• The Department has determined that certification by the DoH ELCP is not necessary for the
following test measurements , however, the laboratory activities associated with these test
measurements shall conform to the NELAC Quality Systems (Chapter 5) Standards .
N/A
► The following quality control addenda must be followed :
• Addendum 2 , "Quality Control Requirements for Laboratories Performing Chemical Analysis "
with the following modifications :
- ( i ) 1 . b . deleted
( ii ) 11 . deleted
( iii ) 12 . deleted
• Addendum 3 , "Quality Control Requirements for Laboratories Performing Microbiological
Testing " with the following modifications :
No modification
FIELD ACTIVITIES (SECTION 3)
► The GRANTEE shall ensure that these additional standard operating procedures are followed :
• N/A
► The following items in Section 3 of "Quality Assurance Requirements ", are amended as follows :
• ( i ) 3 . d . i (2 ) deleted
• ( ii ) Field duplicates (item 3 . d . ii ) shall not be collected .
► The following quality control requirements ( item 3 . c of "Quality Assurance Requirementsl are
amended as follows :
• N/A
► The following items in Section 3 of "Quality Assurance Requirements ", do not apply :
• N/A
REPORTING , DOCUMENTATION AND RECORDS RETENTION (SECTION 4)
► In addition to those records identified in Rules 62- 160 . 240 and . 340 , F .A . C . , the GRANTEE shall
ensure that the following records are retained :
• N/A
► The GRANTEE shall submit the data electronically using the following format :
• Excel 97 file or Access 2000 file .
► The GRANTEE shall use the following format for reporting results :
• N/A
► In addition to the information in item 4 . c of "Quality Assurance Requirements ", the GRANTEE shall
ensure that the following laboratory information is reported :
• N/A
► In addition to the information outlined in 4 . d of "Quality Assurance Requirements ". the GRANTEE
shall ensure that the following information pertinent to field activities is reported :
• N/A
► The following items in Section 4 of "Quality Assurance Requirements ", do not apply :
• N/A
► Legal or evidentiary chain of custody, as defined in FD 1000 of the DEP-SOP-001 /01 and the NELAC
Standards , shall be executed and shall be stipulated in the planning document.
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DEP Agreement No . GO 143 , Attachment H, Page 6 of 11
AUDITS (SECTION 5)
► The initial planning review audit will be performed in accordance with Section 5 . b . 1 within 30 days of
completion of the first sampling event.
► The following items in Section 5 of "Quality Assurance Requirements ", do not apply :
• N/A
PLANNING DOCUMENT (SECTION 6)
► The following items in Section 6 of "Quality Assurance Requirements ", are amended as follows :
• N/A
► When the approved planning document requires modification , the amendments shall be
• Provided in a new planning document, or
• Provided as amended sections of the current planning document , or
• Documented through written or electronic correspondence with the DEP project manager and
incorporated into the approved planning document .
DELIVERABLES (SECTION 7)
► The following deliverables are not required under the terms of this Agreement:
• ( i ) 7 . a . ii deleted .
► The following items in Section 7 of "Quality Assurance Requirements ", are amended as follows :
• N/A.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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DEP Agreement No . GO 143 , Attachment H, Page 7 of 11
Addendum 2
Quality Control Requirements for Laboratories Performing Chemical Analysis
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards ,
the
following quality control measures shall be implemented for this Agreement . Note : "Sample" refers to
samples that have been either collected or analyzed under the terms of this Agreement .
1 . Matrix- Related Quality Control Samples - The GRANTEE shall ensure that samples associated with
this Agreement are used for matrix spikes , and either laboratory duplicates or matrix spike duplicates .
The laboratory shall analyze these samples :
a . The first time samples from a sample collection matrix (see Table FA 1000- 1 ) are submitted to
the laboratory under this Agreement for analysis . The laboratory shall select one or more of the
received samples for use in composition of the matrix spike and duplicates .
b . After the first 20 samples from the sample collection matrix have been analyzed , at least one
matrix spike and either laboratory duplicates or matrix spike duplicates shall be composed using
a sample or samples selected from each additional 20 samples of the sample collection matrix
submitted to the laboratory.
c. The last time samples from the sample collection matrix are received and analyzed . The
laboratory shall select one or more of the received samples for use in composition of the matrix
spike and duplicates .
d . Spike levels must be at the concentrations specified in item 3 below.
e . If the selected sample concentration is expected to be below the Agreement-specified practical
quantitation limit ( PQL) listed in the planning document, then matrix spike duplicates must be
used .
2 . Per NELAC Chapter 5 requirements , as least one Laboratory Control Sample ( LCS ; also known as
Laboratory Fortified Blank ) shall be prepared , analyzed and evaluated with each batch of 20 samples
or less .
a . The acceptance criteria for the LCS shall be specified in the planning document .
b . If the LCS is unacceptable , the samples associated with the LCS shall be reprocessed with a new
LCS . If the samples cannot be reprocessed , the data must be appropriately qualified .
3 . For applicable analytes denoted in the planning document, a QC check sample , standard reference
material (SRM ) or other quality control sample , hereinafter identified collectively as quality control
check samples (QCCS ) , shall be processed with each sample preparation batch and analyzed for
evaluation according to the acceptance limits established for the QCCS .
a . Analysis of a QCCS is required for but not limited to the following analyses :
( i ) Chlorophyll — the assay for the QCCS or its original formulation shall have been determined
by an organization external to the laboratory ;
Biochemical oxygen demand ( BOD ) or carbonaceous BOD (CBOD ) — the method -specified
glucose/glutamic acid check solution shall be used ; and ,
( iii ) Copper in seawater — the QCCS shall be any seawater- matrix SRM assayed by an
organization external to the laboratory .
b . If the QCCS is unacceptable , the samples associated with the QCCS shall be reprocessed with a
new QCCS . If the samples cannot be reprocessed , the data must be appropriately qualified for
all contracted samples in the preparation batch .
4 . Spiking/Fortification Requirements - All spike fortifications must take place prior to any required
sample preparation steps (e . g . , sample extraction , sample digestion , pH adjustment, etc . ) . The final
concentration of any spike fortification shall be at the applicable level identified below .
a . If any of the samples in the preparation batch are non -detect ( i . e . , below the MDL specified in the
planning document) , the spiking level must not be greater than 2 times the Agreement-specified
PQL .
b . The concentration of a spiked sample cannot exceed 5 times the highest concentration of any
contracted sample in the preparation batch .
5 . Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified
by the Agreement and listed in the planning document or the data must be appropriately qualified .
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DEP Agreement No . G0143 , Attachment H, Page 8 of 11
a . If the failure is reported to be due to sample matrix interference , the laboratory shall document the
process by which this conclusion is determined .
6 . Evaluation of Laboratory Duplicate/Replicate Samples — All replicate samples (sample duplicates ,
matrix spike duplicates , LCS duplicates or other replicates ) must be evaluated for a precision criterion
not to exceed 20 % RPD . This criterion shall be listed in the planning document .
a . In the event that laboratory replicate agreement is not observed , the laboratory must investigate
the poor precision and report the results with appropriate qualifiers and/or comments .
7 . Instrument Calibration — In addition to calibration procedures specified in the analytical methods listed
in the planning document, the GRANTEE shall ensure that the following requirements are met :
a . All sample results shall be chronologically bracketed between acceptable calibration verifications .
b . Initial Calibration Requirements
( i ) The minimum number of calibration standards required to calibrate each instrument used for
the contracted analyses shall conform to the analytical method approved in the planning
document . If the minimum number of calibration standards is not specified in the method , the
number must be specified in the planning document and shall be consistent with the NELAC
Chapter 5 standards .
( ii ) Unless otherwise specified by the method , all sample results shall be based on the initial
calibration curve responses .
( iii ) If linear regressions are used , the correlation coefficient shall be equal to or greater than
0 . 995 for all regressions .
( iv) Immediately after performing an initial calibration , the accuracy of the calibration shall be
verified using a second source . A second source may be a standard , a Standard Reference
Material (SRM ) , or other sample type with a verified concentration such as a QC Check
Sample . Standards must have been prepared from a different lot or vendor.
(v) The acceptance criteria for second -source verifications shall be specified in the planning
document .
(vi ) Sample analysis cannot proceed if an initial calibration is unacceptable .
c . Continuing Calibration Requirements :
( i ) When an initial calibration is not performed on the day of analysis , a continuing calibration
standard shall be analyzed , evaluated and determined to be acceptable prior to analyzing
samples .
( ii ) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical
run .
( iii ) The acceptance criteria for continuing calibration verifications shall be specified in the
planning document.
( iv) For each analytical run , the analytical sensitivity must be evaluated using a continuing
calibration standard prepared at the Agreement-specified PQL . The analyzed value of this
standard must be within 70 % — 130 % of the expected value . If this PQL check fails , the blank
and associated sample results must be reported as "estimated" per Chapter 62- 160 , F . A. C .
unless the affected results are at least 10 times the absolute value of the observed bias of the
PQL check .
(v) If a continuing calibration verification fails , samples not chronologically bracketed by
acceptable calibration verifications must be reanalyzed or appropriately qualified .
d . Sample results below the Agreement-specified PQL and above the highest calibration standard
shall be appropriately qualified .
8 . Quality Control Blanks
a . If a Contracted analyte is detected in any analytical QC blank , the sample results that
are
associated with the blank must be reported with the appropriate qualifier from Chapter 62- 160 ,
F .A. C . , unless the affected sample concentrations are at least 10 times higher than the calculated
QC blank concentration .
b . Sample results must be chronologically bracketed with acceptable beginning and ending
analytical QC blanks .
C . If a Contracted analyte is detected in the field blank , equipment blank or trip blank , the result must
be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results
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DEP Agreement No . GO 143 , Attachment H, Page 9 of 11
associated with the blank are at least 10 times the calculated blank concentration . The laboratory
must investigate the blank contamination to determine that positive blank results are not due to a
laboratory error and report the affected samples and field -generated blank results with
appropriate qualifiers and/or comments .
9 . If any quality control measure or calibration verification fails ( including those specified above)
,
samples that are associated with the failure must be reanalyzed , if possible . Sample data that are
associated with a failed quality control measure or calibration must be appropriately qualified as
specified in Chapter 62- 160 , F .A. C . An explanatory comment must be attached to the final report for
each result that has a qualifier code other than U , I , or A. Any additional qualifier codes used but not
explicitly listed in Chapter 62- 160 , F .A. C . must be identified and defined in the report .
10 . The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant
preparation weights and volumes .
11 . Field QC duplicates or replicates - The GRANTEE shall ensure that field duplicates (not to
be
confused with laboratory duplicates) are analyzed . All field duplicate results greater than the
contracted PQL should agree within 20% RPD for each measured analyte . In the event that field
duplicate agreement is not observed , the laboratory must investigate sufficiently to determine that
poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or
comments .
12 . For all organic analyses using either gas chromatography or HPLC , analytes with concentrations
above the method detection limit shall be confirmed by at least one of the qualitative identification
measures listed below. Confirmation must occur the first time an analyte is detected at a sampling
point.
► Second column/same detector
► Second column/alternate detector
► Same column/alternate detector
► Mass spectrometry
► Alternate wavelength
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DEP Agreement No . GO 143 , Attachment H, Page 10 of 11
Addendum 3
Quality Control Requirements for Laboratories Performing Microbiological Testing
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards , the
following quality control measures shall be implemented for this Agreement. Note : "Sample" refers to
samples that have been either collected or analyzed under the terms of this Agreement.
1 . All microbiological analyses must conform to the requirements for facilities , personnel qualifications
equipment specifications and quality control measures discussed in AWWA Standard Methods 20th
edition, section 9020.
2 . Quality Control Blanks
a . If the membrane filter technique is used , the sample set(s) shall be associated with a beginning
and ending filtration blank .
b . The results of any blank must be < 1 CFU/ 100 mL or the associated sample results must be
reported with the appropriate qualifier from Chapter 62- 160 , F . A. C .
3 . Laboratory Quality Control Duplicates
a . At least 10 % of the samples (or one per test run ) shall be duplicated .
b . All duplicate results shall be evaluated per method specifications using the precison criterion .
The range of the transformed duplicates shall not exceed the precision criterion established by
the laboratory. In the event that laboratory duplicate agreement is not observed , the laboratory
must investigate the poor precision and report the results with appropriate qualifiers and/or
comments .
c. Field Quality Control Duplicates or Replicates - In the event that agreement ( less than or equal
the laboratory established precision criterion ) is not observed between results from field-
generated replicate samples , the laboratory must investigate the replicate analyses to determine
that poor precision is not due to a laboratory error and report the results with appropriate
qualifiers and/or comments . The laboratory shall use the analytical method specifications for
precision control as a guide to evaluation of the field -generated replicate results .
4 . Colony Counts
a . In addition to the requirements listed below, all analytical results shall be calculated by the
procedures established in the microbiological method (s ) approved for the Agreement and listed in
the planning document .
b . The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20
. 60 colonies per plate . Reported values from colony plate counts outside this range shall be
qualified with a " B" ( unless the reported value is from a 100 mL sample and the count is less than
20 ) .
C. If all counts are above 60 , the result shall be calculated and reported from the highest dilution .
This result must be reported as "estimated' .
d . The laboratory shall follow the reporting requirements specified in the method for other results
that are outside the ideal range ( item 5 . b . above )
e . If the sample result is "too numerous to count (TNTC )" the laboratory shall report the filtration
volume with the data qualifier "T' .
f. Colony counts from samples that have been verified shall be adjusted based on the verification
results as specified in the analytical method approved for this Agreement and listed in the
planning document .
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DEP Agreement No . GO 143 , Attachment H, Page 11 of 11
ATTACHMENT
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: G0143
L 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.
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental 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) tem-iinated 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 19th day of Apr i 1 20 05
By �C� ; (� C
Authorized Signature/Contractor
Thomas S Lowther , Chairman
Typed Name/Title
Indian River County , Florida
Contractor' s Firm Name
1840 25th Street
Street Address
Building, Suite Number
Vero Beach , FL 32960
City/State/Zip Code
( 772 ) 5W)(-X226 - 1490
Area Code/Telephone Number
Form DEP 55-220 (01 /01 )
DEP Agreement No . GO 143 , Attachment I, 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 learns 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 is 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 . GO 143 , Attachment I, Page 2 of 2
ATTACHMENT J
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. 2760 - 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 . GO 143 , Attachment J, Page 1 of 3
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 . G0143 , Attachment J, 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 II 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. 469a4 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. 94- 1635 89 Stat. 871 ) .
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DEP Agreement No . GO 143 , Attachment J, Page 3 of 3
ATTACHMENT K
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 Governmentwide debarment and suspension (nonprocurement) and
governmentwide requirements for drug-free work place (grants) ; Clean Air Act and
Clean Water Act ineligibility of facilities in performance of federal contracts,
ants 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
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DEP Agreement No. GO 143 , Attachment K, Page 1 of 1