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HomeMy WebLinkAbout2006-121DEP AGREEMENT NO, GO] 82 �7 STATE OF FLORIDA O C) GRANT AGREEMENT p� PURSUANT TO ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD 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 "DBP") and the INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is Department of Public Works, Stormwater Division, 1840 25°i Street, Vero Beach, Florida 32960, (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide financial assistance for the Indian River County Main Relief Canal Pollution Control Structure. 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. C9-99451505-0; 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-nine (49) 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. 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 $725,500 toward the total project cost described in Attachment A. Written approval from the Department's Grant Manger shall be required for changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Payment Request Summary Form. The Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation and other requirements as follows: I. Salaries/Wages The Grantee shall not be reimbursed for direct salaries or multiplier (i.e., fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees However, the Grantee may document these expenditures for meeting its match requirements. DEP Agreement No. G0182, Page 1 of 10 2. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts 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 finds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Invoices for reimbursement of fixed price subcontracts approved by the Department shall be documented by copies of the paid invoices. 3. 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. 4. Rental/Lease of Equipment — Include copies of invoices or receipts to document charges. 5. Other Expenses — e.g., Materials, supplies, phone, reproduction, mailing, and other expenses must be documented by iternizing and including copies of receipts or invoices. 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 http://hvww.fldfs.conVaaciir/reference'%SFegide and allowable costs for Federal Programs can be found under 48 CFR Part 31 at htip:// www.access.glo.eov/nara/efr/efr- table-search.hbnl and OMB Circulars A-87, A-122, A-213 as applicable, at htto://\vww.whitchouse qov/oinb/circulars/index htinl#nwnerical. 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 $3,546,160 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-2 1, 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. OMB Circular A-122 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 agency. DEP Agreement No. G0182. Page 2 of 10 G. The table below identifies the finding supporting this Agreement and EPA Grants providing the funds. EPA Grant Number CFDA Pro ram Tide Funding Amount C9-99451505-0 66.460 Nonpoint Source Implementation Grants $725,500.00 Total Funding: $725,500.00 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 fimtre 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.B. 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 Attachment D, Progress Reporting Form, 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. Final payment, no less than ten (10) percent of the total Agreement amount identified in paragraph 3.A., will be withheld until receipt and approval of the Final Report. 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. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise (MBE/WBE) "Fair Share" goals and objectives negotiated with EPA as follows: in conjunction with If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee agrees to submit proposed MBF,./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 Florida Fair Sharc Goals report documenting Industry utilization under federal grants in conjunction with the required Goal Architectural & En ineerin_ Services 10% MBE and 15% WBE Commodities 7% MBE and 17% W13F Contractual Services 14% MBE and 36%u WBE Construction (non SRF) 10% MBE and 11% WBE If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee agrees to submit proposed MBF,./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. G0182, Page 3 of 10 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. party of 8. In accordance with Reauthorization and any prime contracto. the maximum extent C.P.R. 30.44(b), 40 contracts under this Section 129 of Public Law 100-590, the Small Business Administration Amendment Act of 1988, the recipient agrees to utilize and to encourage -s under this Agreement to utilize small businesses located in rural areas to possible. The Grantee agrees to follow the six affirmative steps stated in 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any ygreement. 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. `"flus (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. 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 terntination. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. DEP Agreement No. G0182, Page 4 of 10 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 statures, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. "fake 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. 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. 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 funds shall be retained for five years following final disposition. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0182, Page 5 of 10 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section — .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the fomt entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number FSAA_CL2) that can be found under the "Links/Forms" section appearing at the following website: https:Happs.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 11. A. The Grantee shall not subcontract work tinder 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" 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. 140 CFR 341 B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. DEP Agreement No. G0182, Page 6 of 10 C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. 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" to the Department within ninety (90) days following the completion of the Agreement period. 13. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing render this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety mles 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. 2600 Blair Stone Road, MS #3570 Tallahassee, Florida Taufi ul Aziz Manager Florida Department of Environmental Protection Nonpoint Source Mana�emcnt Section 2600 Blair Stone Road, MS #3570 Tallahassee, Florida 32399-2400 Telephone No.: (850) 245-8415 SunCom No.: 1 205-8415 Fax No.: I 850) 245-8434 SunCom Fax No.: 205-8434 E-mail Address: taufi ul.aziz r7.de .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. Vero Beach, Florida 32960 Tele hone No.: (774) 567-8000, extension 1562 Keith Mccully Indian River County Public Works Stormwater Division 1840 25'" Street Vero Beach, Florida 32960 Tele hone No.: (774) 567-8000, extension 1562 Fax No.: 1 (772) 778-9391 E-mail Address: I kmecull a iretyov.com 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees cotmected 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. DEP Agreement No. G0182, Page 7 of 10 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. 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 minimize 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, Quality Assurance Requirements. 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 discrinunatory 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 Attachment I, "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions". 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0182, Page 8 of 10 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. Agreement shall only be valid when they have been reduced to writing, duly signed 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. 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. G0182, Page 9 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. INDIAN RIVER COC1NTW! BOARD OF COUNTY COMMISSIONERS. ' S By: Title:* Arthur -:R' Ne e:�ger > Ch i an f� ' Date: ADrI'1 1�1.L`Z06 OVED: IENCY ASSISTANT COUNTYAT ORNEY FEID No.: 59-6000674 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: &-Ok2 Ser ary or d �i jgnee Da -tee- 3 �1166 A A t P-A—t 15' A . i Taufiqul Aziz, DEP Grant Manager DEP Contracts Administrator Approved as to forma d legality: JE U�JL� EP Attorney *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 (10 Pages) Attachment B Payment Request Summary Form and Instmetions (2 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment D Progress Report Form (2 Pages) Attachment E Special Audit Requirements (5 Pages) Attachment F Disclosure of Lobbying Activities (2 Pages) Attachment G Lobbying and Litigation Certificate (1 Page) Attachment H Quality Assurance Requirements (10 Pages) Attachment I Certification Regarding Debarment/Suspension (2 Pages) Attachment J Contract Provisions Q Pages) Attachment K Regulations (1 Page) DEP Agreement No. G0182, Page 10 of 10 ATTACHMENT A GRANT WORK PLAN Title: Indian River County Main Relief Canal Pollution Control Structure LEAD ORGANIZATION: Indian River County CONTACT PERSON: Keith Mccully, P.E., Esq. Public Works - Stormwater Div. 1840 25°i St. Vero Beach, F132960 (772) 567-8000 (X1562) (772) 778-9391(Fax) Kmccully a Ircgov.Com COOPERATING ORGANIZATIONS: Indian River County Public Works, Indian River Farms Water Control District, City Of Vero Beach, St. Johns River Water Management District PROJECT ABSTRACT: A large treatment structure will be constmeted on the Main Relief Canal in Vero Beach that utilizes vortex technology and bar screens to remove suspended solids and floating vegetative debris from canal water flowing to the Indian River Lagoon. The structures are designed to treat 294 efs draining from a 21,705 acre basin that is 50% urban and 50% agricultural. The vortex unit will be integrated with a self-cleaning fixed bar screen and traveling rake to remove large masses of vegetative debris such as hyacinths, water lettuce, duckweed and grasses and floating trash before the water enters the vortex unit. The vortex unit will then remove particles down to the 600 micron range. The project is anticipated to reduce TSS by 60% or 1,207,989 lbs. per year and Total Phosphorus by over 40% or 7,722 lbs. per year. A monitoring program will be conducted to accurately assess the removal efficiency of this treatment system. A public education and awareness program will be incorporated with the construction project to help reduce trash and vegetative debris input to the drainage system. PROJECT LOCATION AND WATERSHED CHARACTERISTICS: The Indian River Farms Water Control District (IRFWCD) in Indian River County, Florida, is an area over 53,000 acres that is drained by an extensive 300 mile network of man-made canals. The 21,705 acre Main Relief Canal basin is approximately 50% urban and 50% agricultural. The IRFWCD discharges into the Indian River Lagoon, an Estuary of National Significance. In the East Indian River County Master Stormwater Management Plan, a pollutant loading analysis showed that the three discharge canals of the IFRWCD convey huge amounts of suspended solids, nutrients, and floating vegetative debris into the lagoon, seriously degrading estuarine habitat. The canals also transport tremendous quantities of human -generated trash (Styrofoam cups, plastic, bottles, etc.) into the Lagoon. The proposed location of the Main Relief Canal treatment structure is west of US Highway 1 and the FEC railroad near the Vero Beach airport. Construction will take place within the public right-of-way of the IRFWCD as authorized by a Memorandum of Understanding between Indian River County and the Water Control District. Watershed Name: Indian River Lagoon Latitude: 27.63 Longitude: 80.40 Hydrologic Unit Code(HUC): 3080203 Land Uses within the Watershed (acres and percentages of total): REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0182, Attachment A, Page 1 of 10 Land Use Acres % Rangeland 3255.75 15.00 Citrus 8682.00 40.00 Improved Pasture 1085.25 5.00 Miscellaneous (Urban) 8682.00 40.00 Land Use Totals (Acreage and %) 21705.00 100.00 POLLUTION REDUCTION STRATEGY: The Indian River Farms Water Control District (IRFWCD) in Indian River County, Florida is an area over 53,000 acres that is drained by an extensive network of poorly managed man-made canals. The IRFWCD discharges into the Indian River Lagoon, an Estuary of National Significance and a St. Johns River Water Management District (SJRWMD) Surface Water Improvement and Management (SWIM) program priority water body. In the East Indian River County Master Stormwater Management Plan (Master Plan), a pollutant loading analysis showed that the three discharge canals of the IFRWCD convey large amounts of suspended solids, nutrients, and floating vegetative debris into the lagoon, seriously degrading estuarine habitat. The canals also transport tremendous quantities of human -generated trash (Styrofoam cups, plastic, bottles, etc.) into the Lagoon. Treatment alternatives were investigated in the Master Plan. It was recommended that sediment and floating debris collection systems be used to effect a significant reduction in muck contributing solids, nutrients, floatables and trash into the Lagoon. This project is included as Alternative No. 4 in the "East Indian River County Master Stormwater Management Plan," pages 114-118, inclusive, and pages 207-213 capital improvements discussion. This project is specifically listed as a High Priority Level under Capital Project Prioritization on page 210. In the Master Plan, best management practices (BMPs) were investigated for the potential to improve the water quality of the three discharges of the IRFWCD canals. Several of these BMPs were determined to be well-suited for placement within the limited space available in the existing canal rights-of-way. The two general types of improvements which appeared to be effective given the existing conditions were floating debris capture systems and structural pollution control devices. The need for this project is described in the November 1996 'Indian River Lagoon Comprehensive Conservation and Management Plan" under the Water and Sediment Quality Improvement section. Recommendations for large drainage systems, such as the IRFWCD, are found in Action FSD-12, Freshwater and Stormwater Discharges Action Plan. The 2002 IRL SWIM Plan Update discusses the IRFWCD and the need to reduce TSS and nutrients in Chapter 5, page 133. A major concern stated in the SWIM Plan is the total phosphorus loading from the IRFWCD being higher than that from the Turkey Creek basin which is 1.5 times larger in area. Methods to treat or control pollution from stormwater runoff (BMPs) have traditionally included practices that are typically land intensive (dry retention areas, wet detention ponds) and have low maintenance requirements. However, as land has become scarcer and more valuable in Florida, efforts have also been focused on treatment technologies that are not as land intensive. Many of the more compact systems are adaptations of domestic and industrial wastewater treatment components. These active systems, which often include electrical or mechanical components, have come to be known as "structural" pollution control devices (PCDs). They have a higher operation and maintenance requirement than passive systems. Vortex collection devices force a circular flow of runoff within the structure, creating a vortex to improve the capture of suspended solids. Three manufacturers of these types of units are CDS Technologies, Inc. (CDS), Vortechnics, Inc. and H.I.L.Technology, Inc. (HIL). These are all patented technologies which use water pressure to force the water into the structure in a circular motion. The circular motion of the water and the momentum in the particles cause the suspended solids to be removed from the flow. The suspended solids continue to work downward and eventually are deposited into the bottom of the structure. The CDS system has been used successfully in many applications in Florida as well as other locations around the country. The CDS system uses a screen to directly capture all particles larger than 2400 microns. In addition, the vortex action results in the capture of some suspended material smaller than 2400 microns, as small as 600 microns. Testing of CDS equipment indicates that most gross pollutants will be captured, including the coarse and medium sands (approximately 80% of the content of most runoff flows). For the typical pre -cast design, the material collected is stored in the bottom of DEP Agreement No. G0182, Attachment A, Page 2 of 10 the structure in a wet condition. As with other structural PCDs, the collected organic material may decompose and release the stored nutrients back into solution. To avoid the release of these nutrients, the stnicture must be cleaned relatively frequently. Indian River County will be utilizing a continuous operating rake and bar screen combination to remove vegetative debris from the water column. This will prevent the decay and release of nutrients back into the water. In addition, a sediment and materials handling pump will be positioned in the bottom sump of the vortex unit to continuously remove settled material so that it has no opportunity to be reintroduced to the canal water. Because these units are expected to remove relatively large amounts of material, an automated system will be employed for frequent removal of the collected material. The vortex unit will be integrated with self-cleaning fixed bar screens and traveling rakes to remove large masses of vegetative debris such as hyacinths, water lettuce, duckweed and grasses and floating trash before the water enters the vortex unit. Annual loading of vegetative debris has recently been estimated at 10 million wet pounds. This represents a very significant muck and nutrient source to the Indian River Lagoon. Based upon tissue analysis, this loading represents 21500 lbs. of phosphorus and 20,000 lbs. of nitrogen on a dry weight basis. In addition, the vortex unit itself is designed to remove suspended sediments as well as floating debris. Based on water quality data for the Main Relief Canal and projected removal efficiencies of the Main Relief Canal Pollution Control Structure at a design flow rate of 294 efs, the following annual pollutant load reductions are estimated: TSS = 11207,989 lbs. TN = 31,234 lbs TP = 7,722 Total nutrient removal for the combined treatment systems is in the range of TN=51,234 lbs. and TP=10,222 lbs. This one project provides a significant opportunity for Indian River County to make great strides in meeting the proposed TMDLs for this basin of the Indian River Lagoon and improving estuarine habitat and water quality for this segment of the Indian River Lagoon. PROJECT OBJECTIVE(S): There are 17 segments of the Indian River Lagoon basin that were identified on the Florida Department of Environmental Protection (DEP) 1998 303(d) list as impaired by nutrients, dissolved oxygen, or chlorophyll a and were scheduled for TMDL development by June 30, 2003. All of these segments fall within the FL DEP Indian River lagoon Group 5 Basin and, as a result, were scheduled for TMDL development by FL DEP in September 2004. The segments in Indian River County that will be addressed by this project are named South Indian River WBID 5003C, IRL Segments 16-20. The Main Relief canal basin is segment #19. Due to the extensive network of canals that carry stormwater nmoff in this region, Indian River County is in a unique position to capture and treat a significant portion of its total runoff. The Main Relief Canal conveys approximately half of the total runoff from the Indian River Farms Water Control District to the Indian River Lagoon. The proposed vortex unit/bar screen system will remove a significant quantity of nutrients and muck contributing solids front canal discharges. (TSS=549,086 Kg, TN=14,197 Kg, TP=3,510 Kg). In addition to the nutrients associated with suspended sediment, annual loading of vegetative debris has recently been estimated at 10 million wet pounds. This represents a very significant muck and nutrient source to the Indian River Lagoon. Based upon tissue analysis, this loading represents 2,500 lbs. of phosphorus and 20,000 tbs. of nitrogen on a dry weight basis. Removing these nutrient loads will move the County closer to meeting the TMDLs for this segment of the lagoon. Specific Project Objectives- ( 1) bjectives:(1) To demonstrate that a combination of treatment technology (i.e. self-cleaning bar screens and vortex technology) can be used to effeciently remove large amounts of floating and suspended material from an existing canal. (2) To demonstrate that if the collected material is removed from the system within a reasonable time, there is nelgible release of nutrients back into the water from the captured material. (3) To demonstrate that a large stormwater pollution control device if maintained on a regular basis, can remove significant amounts of pollutants. (4) To demonstrate that if large quantities of aquatic plant material and algae are removed from the system, then large amounts of nutrients (nitrogen and phosphoms) associated with that plant material and algae are also removed. PROJECT DESCRIPTION: The Indian River Farms Water Control District (1RFWCD) in Indian River County, Florida is an area over 53,000 acres that is drained by an extensive network of man-made canals. The IRFWCD discharges into the Indian River Lagoon, an Estuary of National Significance and a St. Johns River Water Management District (SJRWMD) Surface Water Improvement and Management (SWIM) program priority water body. In the East Indian DEP Agreement No. G0182, Attachment A, Page 3 of 10 River County Master Stormwater Management Plan (Master Plan), a pollutant loading analysis showed that the three discharge canals of the IRFWCD convey large amounts of suspended solids, nutrients, and floating vegetative debris into the lagoon. Treatment alternatives were investigated in the Master Plan. It was recommended that sediment and floating debris collection systems be used to effect a significant reduction in suspended solids, nutrients, and floatables into the Lagoon. This project is for the construction of a large treatment device on the Main Relief canal that utilizes vortex technology to remove suspended solids and floating debris from a circular flow of canal water within the structure. The proposed location of the treatment structure is west of US Highway 1 and the FEC railroad near the Vero Beach airport. The project will be constructed within the publically owned right-of-way of the Indian River Fanns Water Control District. The vortex unit will be integrated with a self cleaning fixed bar screen and traveling rake to remove large masses of vegetative debris such as hyacinths, water lettuce, duckweed and grasses and floating trash before the water enters the vortex unit. Annual loading of vegetative debris has recently been estimated at 10 million wet pounds. This represents a significant muck and nutrient source to the Indian River Lagoon. Based upon tissue analysis, this loading represents 2,500 lbs. of phosphorus and 20,000 lbs. of nitrogen on a dry weight basis. In addition, the vortex unit itself is designed to remove suspended sediments as well as floating debris. Based on water quality data for the Main Relief Canal and projected removal efficiencies of the vortex unit at a design flow rate of 294 efs, the following annual pollutant load reductions are estimated: TSS — 1,207,989 lbs. TN — 31,234 lbs TP — 7,722. This one project provides a significant opportunity for Indian River County to make great strides in meeting the proposed TMDLs for this basin of the Indian River Lagoon. The bar screen to be constructed is based on a design that has been proven to be effective and has been in continuous operation for over four years at a stormwater treatment area in West Palm Beach as part of the Everglades restoration project. The vortex unit will contain a 2400 -micron stainless steel cylindrical screen, approximately 20 ft. diameter. The shearing effect of the circular flow of water against this screen allows the removal of smaller particles in the 600 -micron range from the stormwater. This vortex unit design has been proven at the higher flow rates similar to the Main Relief Canal, in California and Australia. To ensure the nutrient removal efficiency of this system, maintenance will occur on a daily basis if needed using a frontend loader to remove the solids collected by the screens and a pump installed in the sump of the vortex unit. Indian River County understands that maintenance is the key to pollutant removal efficiency of this type of system. A preliminary engineering report has been completed for this project with unit sizing and site location addressed. Site surveying and final design are ready to begin. Public Outreach: A stormwater education campaign will be initiated in concert with construction to heighten awareness of the canal drainage system and the pollution it carries to the estuary. The St. Johns River Water Management District's 1RL License Plate program has authorized the funding of 100 metal 30" x 34" street signs to be erected at strategic locations throughout the drainage basin. The sign will picture the license plate snook and read: "All Canals Drain To Lagoon - No Trash'". Signs will be placed at intersections near major canals. Newspaper articles and brochures will link the new road signs with the construction of the Main Relief Canal pollution control structure. The County believes that a heightened public awareness through a highway and road signage program will reduce the pollutant loads to our constructed treatment facility for the Indian River lagoon. Effectiveness Monitoring: Project effectiveness monitoring will be conducted to demonstrate the pollutant loading reduction accomplished by the treatment facility. Two types of monitoring will be conducted. 1) to evaluate the effectiveness of the treatment system, composite grab samples will be collected from the stormwater that passes through the treatment facility during seven storm events. Samples will be collected at the influent point to the treatment facility and at the effluent side for comparison. 2) an additional assessment of the pollutant load reduction will be achieved by weighing and quantifying representative samples of the trapped material by the bar screen and the vortex unit. The representative samples of the trapped material will be analyzed for nutrient content on a dry weight basis. A continuously operating flow meter will allow for accurrate estimates of total volume treated. All trapped material removed from the facility will be weighed at the County landfill prior to disposal at the landfill. The County intends to keep daily records of flow and materials DEP Agreement No. G0182, Attachment A, Page 4 of 10 removed in order to demonstrate credit towards achieving the TMDL for this basin. A Preliminary Effectiveness Monitoring Plan has been included in this work plan as Appendix A. TP kg/yr TN kg/yr ESTIMATED POLLUTANT LOAD REDUCTION: BMPs Installed OF THE THEORETICAL POLLUTANT LOAD REMOVAL EFFECIENCY BY THE TREATMENT SYSTEM: The following engineering approach was taken Other Other of the proposed vortex units TSS kg/yr TP kg/yr TN kg/yr Sediment kg/yr BOD kg/yr k / r kg/yr Canal Treatment Structure Pre -Project 911907.00 8744.00 94314.00 Post -Project 362821.00 5234.00 80117.00 Load Reduction 549086.00 3510.00 14197.00 0 rL % Reduction 60.00 40.00 15.00 RATIONAL ESTIMATE OF THE THEORETICAL POLLUTANT LOAD REMOVAL EFFECIENCY BY THE TREATMENT SYSTEM: The following engineering approach was taken to determine the pollutant load removal efficiency of the proposed vortex units for the Main Relief Canal: Therefore, multiple pre -cast units or a single large To determine the optimal size of the vortex unit for the IRFWCD application, the anticipated flow rates were estimated. For this purpose, ten years of USGS data were analyzed. The daily flows were sorted to determine the frequency with which a given flow occurred. The frequency that flow rates exceeded 80%, 90%, 95% and 98% of the daily flows was estimated. Assuming that all of the flows smaller than this flow rate and a portion of the flows greater than this flow rate are treated, the percent of flows treated annually was estimated. Table I shows the results of the flow analysis for the Main Relief Canal, followed by an example of how the percentage of annual flow treated was calculated. Table 1 - Main Relief Canal Peak and Annual Flow Treatment Summary Percent of Days All Flow is Treated Flow Rate Percent of Cumulative Annual Flow Treated 80% 76 cfs 53% 90% 184 cfs 75% 95% 294 cfs 86% 98% 450 cfs 94% Calculations: Known Information from USGS gauging station information: 80% of the days (2924 days) had a recorded flow of less than or equal to 76 cfs With the goal to achieve treatment of 80% to 90% of the total annual flows, a single pre -cast 64 The average flow on days when the flow was less that 76 cfs was 27.42 cfs and this occurred on 2924 days The average flow for all of the days (3653 days) was 69.84 cfs The largest pre -cast CDS structure is rated at a maximum of 64 cfs. However, larger cast -in-place units can be designed and constructed. With the goal to achieve treatment of 80% to 90% of the total annual flows, a single pre -cast 64 cfs unit will not be sufficient. Therefore, multiple pre -cast units or a single large cast -in-place unit will need to be designed. the average TSS removal efficiency at 52%. The treatment efficiency of the CDS unit (floating boom not included) is highly dependent on particle size. The capture efficiency of CDS units measured under laboratory conditions is estimated to be 10% to 40% for fine sand, 40% to 80% for medium sands, and 80% to 100% for larger particles. This wide range of efficiency is confirmed by field research. A study of a CDS unit installed in Brevard County estimated the average TSS removal efficiency at 52%. However, it was noted in DEP Agreement No. G0182, Attachment A, Page 5 of 10 this study that the actual removal efficiency is likely higher due to the capture of larger particles moving along the bottom which are not measured by normal sampling methods. Based on this information, and considering some minor removal by the floating boom, a TSS removal efficiency of 60-70% is estimated for the combination of the floating boom and CDS unit for preliminary engineering purposes. The actual suspended solids removal under operating conditions may be considerably different (more or less) depending on the actual particle size distribution and the flow patterns of the storm events. Based on observations in the IRFWCD when the canals are flowing, (which is daily, with or without rainfall events) the CDS units will likely capture a large mass and volume of materials that are currently being discharged into the Indian River Lagoon. For the purposes of estimating pollutant load reductions, it is assumed that the floating debris removal system and the vortex unit will remove only the particulate nutrients, and none of the dissolved nutrients will be removed. Based on literature estimates for total nitrogen (TN), the particulate nutrient content makes up 25% with the remaining being in dissolved form. For total phosphorous (TP), the particulate nutrient content makes up 40% with the remaining being in dissolved form. Using these assumptions, the overall treatment efficiencies are shown in Table 2. Table 2 - Main Relief Canal CDS System Pollutant Removal Efficiencies: Design Flow Rate % of Annual Flow Treated TSS Removal TN Removal TP floating debris deflector, off-line flow channel, bar -screen with rake (lbs/year) (lbs/year) Removal 76 cfs 53% 37% 9% 15% 184 cfs 75% 53% 13% 21% 294 cfs 86% 60% 15% 24% 450 cfs 94% 66% 16% 26% The average values for water quality parameters measured at the spillway on the Main Relief Canal are 14.6 mg/L TSS, 1.51 mg/L TN and 0.14 mg/L Ortho -P. It is assumed that Ortho -P makes up 60% of the TP concentration. These average values come from the ten-year monthly sampling program conducted by Carter Associates for the IRFWCD. While these concentrations are not indicative of storm event values they do offer a long term average and are the most extensive testing available for IRFWCD. Based on these concentrations and the average daily flow of the Main Canal over a ten-year period of 69.84 cfs, the annual pollutant removal quantities are presented in Table 3 for the CDS and floating boom system on the Main Relief Canal. Table 3 - Main Relief Canal CDS System Estimated Pollutant Removal Summary: Design Flow Rate % Flow Treated TSS Removed TN Removed TP Removed floating debris deflector, off-line flow channel, bar -screen with rake (lbs/year) (lbs/year) (lbs/year) 76 cfs 53% 744,459 195249 41759 184 cfs 75% 1,0531479 27,239 6,735 294 cfs 86% 11207,989 31,234 75722 450 cfs 94% 1,320360 34,139 8,441 OUTPUTS/DELIVERABLES: Task 1 - Surveying and Modeling. The selected site on the Main Canal will be surveyed with detailed cross sections in preparation for construction plans. Deliverables: N/A - Completed prior to this Agreement. Task 2 - Prepare and Submit Quality Assurance Project Plan. Prepare a Quality Assurance Project Plan (QAPP) for the water quality monitoring task and submit it to FDEP for review. Deliverables: Quality Assurance Project Plan Task 3 - Construction Plans and Permitting. Construction plans and specifications will be developed for the Main Relief Canal pollution control structure that includes: Canal bank stabilization and erosion control, floating debris deflector, off-line flow channel, bar -screen with rake system, vortex treatment unit with materials pump, conveyor and dewatering screen system, and a materials handling area. Necessary construction permits will also be obtained. Deliverables: Construction plans and specifications, copies of all permits obtained by Indian River County. DEP Agreement No. G0182, Attachment A, Page 6 of 10 Task 4 - Construction. Construction of the Main Relief Canal Pollution Control Structure will take place once the construction plans have been completed and the necessary permits obtained. Indian River County, as well as its consulting engineers, will provide construction inspection in order to assure that the improvements are built in accordance with the plans and specifications. Indian River County staff will bid and award the construction contract and administer it during construction. Deliverables: Construction progress summary (contained in Quarterly Reports) Task 5 - Public Involvement. A stormwater education campaign will be initiated in concert with construction to heighten awareness of the canal drainage system and the pollution it carries to the estuary. The St. Johns River Water Management District's IRL License Plate program has authorized the funding of 100 metal 30" x 34" street signs to be erected at strategic locations throughout the drainage basin. The sign will picture the license plate snook and read: "All Canals Drain To Lagoon - No Trash!". Signs will be placed at intersections near major canals. Newspaper articles and brochures will link the new road signs with the construction of the Main Relief Canal pollution control structure. Deliverables: Summary of Public involvement (contained in Quarterly Reports) Task 6 - Effectiveness Evaluation (Water Quality Monitoring). Project effectiveness monitoring will be provided in order to demonstrate the environmental benefits of the Main Relief Canal Pollution Control Structure. A Preliminary Effectiveness Monitoring Plan (Water Quality Monitioring Plan) has been included in this proposal as Attachment A.. Deliverables: Summary of water quality monitoring results (contained in Preliminary Project Report and Final Project Report) Quarterly Reports. Each quarter, a project status report will be prepared. Deliverables: Quarterly Reports Task 7 - Preliminary Project Report. A preliminary project report will be prepared that will access the project's effectiveness. It will be prepared about one-half way through the water quality monitoring program and will be updated by the Final Project Report. Deliverables: A Preliminary Project Report Task 8 - Final Project Report. A final project report will be prepared at the conclusion of the water quality monitoring program and it will summarize the project's effectiveness and make recommendations for similar future projects. Deliverables: Final Project Report (five paper copies and one CD) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0182, Attachment A, Page 7 of 10 PROJECT MILESTONES: Task Activity Start Complete I Surveying and Modeling Complete Complete 2 Quality Assurance Project Plan (QAPP) Month 3 Month 6 3 Construction Plans and Permitting Month 1 Month 9 4 Construction Month I 1 Month 23 5 _6 Public Involvement Month I Month 23 BMP Implementation Surveying & Modeling Effectiveness Evaluation (Water Quality Monitorin =) Month 24 Month 48 7 Preliminary Project Report Month 30 Month 31 8 Final Project Report Month 34 Month 49 $20,000 Indian River County PROJECT BUDGET: Project Funding Activity 319 (h) Amount Matching Contribution Match Source Staff $400,000/yr Travel Equipment Supplies Contractural Services: BMP Implementation Surveying & Modeling $705,500.00 $3,407,160.00 $40,000.00 Indian River County QAPP and Monitoring $20,000.00 $40,000.00 Indian River County Public Education $39,000.00 County/St. Johns River Wmd Other: Preliminary and Final Project Reports $20,000 Indian River County Total: $725,500.00 $3.546,160 Total Project Cost: $41271660.00 Percentage Match: ] 6.98 �� 83.02 *If a stormwater utility or other dedicated recurring fee is contributing, put that information in the following table. MATCH SOURCE INFORMATION: Match Source Name Description FRU/Fee Indian River County Local Option Sales Tax Dedicated To Stormwater $400,000/yr REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0182, Attachment A, Page 8 of 10 BUDGET BY TASK: Project Funding Activity 319 (h) Amount Matching Match Source $4 271 660.00 16.98 Contribution Task 1 Surveying R. Modeling $40,000.00 Indian River County Task 2 Quality Assurance Project $5,000 Indian River County Plan (QAPP Task 3 Construction Plans & $464,975.00 Indian River County Permitting Task 4 Construction $7055500.00 $2,942,185.00 Indian River County, Vero Beach Task 5 Public Involvement $395000.00 County/St. Johns River Water Mgmt District Task 6 Effectiveness Evaluation 520,000.00 $35,000.00 County Task 7 — Preliminary Project $10,000 Indian River County Report Task 8 Final Project Report $10,000 Indian River County Total: Total Project Cost: Percentage Match: 1 $725,500.00 $3,546,160.00 $4 271 660.00 16.98 83.02 OTHER FUNDING (Not Match —such as land acquisition or other federal grants): OTHER INFORMATION: If this is a multi-year project, have you requested sufficient funds to complete the project (assuming funds requested herein are provided)? (State yes or no, and, if no, provide an explanation): The Lead Organization, as listed on the first page of this form, agrees to comply with all requirements specified in the guidance package and in the federal grant regulations. Checking "no" or "yes, except" will cause the project to have a lower ranking than similar projects by lead organizations that agree to the requirements: Yes: ® No: ❑ Yes, except: ❑ (Note: List exceptions below.) Exceptions: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. GOI82, Attachment A, Page 9 of 10 APPENDIX A: MONITORING PLAN Draft Water Quality Monitoring Plan For Main Relief Canal Pollution Control Structure BMP Effectiveness Evaluation Sampling Locations: Inflow and outflow of the treatment system Frequency of monitoring: Seven storm events of varying intensity Storm Events: Storm event flow in the Main Relief Canal is dictated by the opening of a water control structure operated by the IRFWCD. Gates are opened an average of 20 times per year and left open approximately 20% of the year. Typically a one -inch rainfall or greater will result in a gate opening and discharge to the IRL. Flow Measurements: Parameters to be monitored: Parameter Total Cadmium Total Chromium Total Copper Total Zinc NO2+NO3 TKN Total Ammonia N Total Phosphorus Ortho Phosphate TSS Oil/Grease Flow will be measured using ultrasonic or similar flow meters. Detection Limit 1 ug/I 5 ug/I 5 ug/I 10 ug/I 0.1 mg/I 0.3 mg/I 0.05 mg/l 0.05 mg/l 0.05 mg/l 1 mg/l 1 mg/l Method Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite Composite BMP Effectiveness Evaluation Vegetative material collected from the treatment system will be continuously quantified by recording a wet weight and moisture content. Representative samples will be periodically collected and analyzed for total phosphorus and total nitrogen on a dry -weight basis. The County will maintain a running log of the total weight of vegetative material removed by the treatment system. It will maintain a running total of phosphorus and nitrogen removed on a dry -weight basis. This information will be used to document credit towards achieving the TMDL for this basin. The Main Relief Canal has a continuous flow discharge to the Indian River lagoon that averages approximately 50 million gallons per day. During storm event periods radial control gates are opened to release flood waters stored in approximately 150 miles of canal and ditch network in the 21,705 acre basin. Gate openings occur approximately 20 times per year and remain open 2,000 to 3,000 hours per year. Discharges following a gate opening can reach 400 cubic feet per second. Due to the characteristics of this unique discharge situation, the County proposes to collect frequent grab samples from the influent to the vortex unit and from the effluent. Flow will be continuously monitored so that a mass loading will be established from the concentration data following laboratory analysis of the samples (see parameter list above). Since the focus is on particulate matter and its associated pollutants, we do not recommend the conventional automated sampler with the small intake tubing. The typical intake tubing associated with a sampler cannot pull a representative sample that contains the particulate load. The County proposes to conduct a characterization of both the influent and effluent channels to determine the best sampling technique. We will work with FDEP to develop the most appropriate sampling protocol to establish effectiveness monitoring. DEP Agreement No. G0182, Attachment A, Page 10 of 10 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM GRANTEE: DEP AGREEMENT NO.: G0182 DATE OF REQUEST: GRANTEE'S GRANT MANAGER: PAYMENT REQUEST NO.: PERFORMANCE PERIOD: AMOUNT PERCENT MATCHING REQUESTED:$ REQUIRED: GRANT EXPENDITURES SUMMARY SECTION 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 55-223 (02/04) DEP Agreement No. G0182, Attachment B, Page 1 of 2 s, PPPPP ©©© • • #© � � s , two . � , -r—^-�r ;—�• 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 55-223 (02/04) DEP Agreement No. G0182, 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 SUMMARY 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, first 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 55-223 (02/04) DEP Agreement No. GO 182, Attachment B, Page 2 of 2 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) 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. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. 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 subnussion 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 a reasonable percentage 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 (January, 2005) can be found at the following web address: http://www.fldt's.com/aadir/reference%SFeuide/. Revised 2/2006 DEP Agreement No. GO] 82, Attachment C, Page I of I ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: G0182 Grantee Name: Agreement No. G0182, Attachment D, Page I of 2 Grantee Address: Grantee's Grant Manager: Telephone No.: Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. accomplishments to the objectives established for the provide reasons why.) (Include a period. If comparison of actual goals were not met, Provide an update on the estimated time for completion of the project for any anticipated delays. and an explanation Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP 55-228 DEP Agreement No. G0182, Attachment D, Page I of 2 (continued from page 1) is submitted in accordance with 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 MBE/WBE requirements contained documentation regarding your efforts in meeting the in paragraph S.B. of the Agreement Provide a project Budget Category budget update, comparing the project budget to actual costs to date. Expenditures Prior to this Expenditures Total Project Reporting this Reporting Project Funding Budget Period Period Balance costs associated with the subject project. Attachment D, Page 2 of 2 This report is submitted in accordance with the reporting requirements of DEP Agreement No. GOI82 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager DEP 55-228 DEP Agreement No. G0182, Attachment D, Page 2 of 2 Date 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", "rDEP" or "Grantor", or other mmne 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 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. in connection with the audit requirements addressed in Part 1, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at http://12.46.245.173/cfda/cfda.html. DIT 55-215 (09/05) DEP Agreement No. G0182, Attachment E, Page 1 of 5 ratrr u: a YA re; V UNTPKn This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I 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 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at ht s://apps fldfs.coni/fsaa/ or the Governor's Office of Policy and Budget website located at Ilttn7//www ebud()ct state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website hup 7//www lea state fl.us/Welcorne/i ndex. cfm, Governor's Website httn7Uwww myflorida corn/, Department of Financial Services' Website ltd://www.fldfs.com/ and the Auditor General's Website IlUD://www.state.fl.us/audgeii/pagTes/flsaa.htm. 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 275.97(8), Florida Statutes, State agencies may conduct a- arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. /n such an event, the State awarding agency must arrange for funding the fill cost of such additional audits.) PART IV: REPORT SUBiMISSION 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 direetl to each of the following: DEP 55-215 (09/05) DEP Agreement No. G0182, 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 (1), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 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 (09/05) DEP Agreement No. G0182, 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 (09/05) DEP Agreement No. G0182, Attachment E, Page 4 of 5 0 0 ^ T � O T � O _ 0. O a � o ¢U a d E d aU - a i d o � L Q CJ L d oc O 61 G [7 d G d ou O C O w LL O b N L c N w s a G c o c � L R O O y � N c c � F Q $ v - w o o d u w Q q O c � V w � � o U = E v � 0 0 v N o c U c v 0 e r� rd- E d E a U ci o � [4 L O Qq G ¢ z w C v o L_ G ¢ O � U 0. C � � o U O � T N V N N s ¢ 'u v ZI a L O V � 9 u O w 3 'D ��J ¢ = C 9 u zT L 7 � O N o0 O � O Q C 0. 7 N — O � O 9 d Y O O L v p b a cLa i Z E ¢ q o � � m 7 0 d G G y 0 �u-c,zOQ w 0 ^ T � O O _ 0. O � O � ¢U a d E d vi i o � L Q CJ L d 61 � d G ou O C w LL O 0 L c N s a G c o � u � L R O O y � N c c c Q $ v - w o o d w q c � V � m v � 0 0 v c 0 v L rd- E a U O Qq ^ w C v o L_ G ¢ � U 0. C � U O � T N V N N s ¢ 'u v a L O V � 9 u O w 3 'D ¢ = 9 u L 7 O u L 7 O � O o T y O _ 0. O � O � 0. U n. d vi Q N ou O C O 0 U N s � c o � u � L O O O y � N a L q c Q $ v - w o c � � m v � 0 h 0 v rd- E U ^ C v o G ¢ � U R � L O 0. C d 'u v a L O « U O C 'D v = 9 Q u L 7 O � O d Y O p z i Z ATTACHMENT F Approved by ONIR 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 dISClesan0.) b. grant b. initial award 1. TN pe of Federal Action: 2. Status of Federal Action: 3. Report Type: Ela. contract a. bid/offer/application a. initial filing b. grant b. initial award h. material change c. cooperative agrtement d. loan c. post -award 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 El ElSubawardee and Address of Prime prime 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, fknonn 9. Award Amount, ifknown' 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (f individual. Inst mmne, firs! name, Ml): different from No. 10a) (last name. first name, Ml): (affnch Confinuafion Sheets) Sl--LLLA, if necaysm}J I1. Inl'nrma[ion requested through this luno is authorized by tide 31 U.S.C. Signature section 1352. This disclosure of lobbving 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 chit pen al is of not Telephone No.: Dale: less than Sl 0,000 and not more than 5100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form—LLL (Rcv7-97) Form DEP 55-221 (01/01) DEP Agreement No. G0182, 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 tiling, pursuant to title 31 U.S.C. section 1352. The tiling 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 Paperwm'k Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMR 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) DEP Agreement No. G0182, Attachment F, Page 2 of 2 ATTACHMENT G Fvm Anp 401EB NG 931+921 AN{Env. lel o= LOBBYING AND LITIGATION CERTIFICATE* EPA I hereby certify that none of these fimds 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 AgreementNutnber(s j** 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 Lau 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 subsegnentAppropriation Act requirements. **If certifying for more than one grant number and more space is needed, please list additional numbers in the space provided below: Plciec mail this foml to your Grant Specialist. DO NOT said this infommtion to the Office ofManagemcnt$Budget. Burden Statement - The annual public reporting and record keeping burden for this collection of information is estimated to average 5 nunrtes per respondent Burden means the total time, effort, or financial resom ccs expended by persons to generate, mtintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acilme, install, and utilize technology and systans for the purposes of collecting, validating, and verifying infomlation, processing and maintaining ird- rrietion, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requuremmts; train persomcl to be able to respond to a colloction 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 hurl ess it displays a CWrenlV valid On1B control nnnber. The O1YIB control numbers for EPA's regulations are listed in 40 CFR Pmt 9 and 48 CFR Chapter 19. Send comments on the Agcncy's need for this infortution, the accuracy of the provided burden estirrules, and any suggested methods for ntinimizing respondent burden, ineltiding through the use of automated collection techniques to the Director, Regulatory bnfoonmion Division U.S. Environmental Pn'otection Agency (2137).401 M. Sc, S.W. Washington, DC' 0460; and to the Office of Infornmtion and Regulatory Affairs, Office of Martagemart mud Budget, 725 17th Strect, N4W, Washington, DC 20503, Attation: Desk Officer for EPA. Include the EPA ICR number and OMB control number in any correspondence. EPA Fonn 5701-53 (Rev. 2-02) DEP Agreement No. G0182, Attachment G, Page 1 of 1 ATTACHMENT H Quality Assurance Requirements For Federally Funded NPS BMP Monitoring Agreements 1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and 'Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract' (DEP-QA-002/02), February 2002. 2. LABORATORIES a. The CONTRACTOR shall ensure that all laboratory testing activities are performed by H, laboratories certified by the Florida Department of Health Environmental Laboratory of Certification Program (DoH ELCP) for all applicable matrix/method/analyte combinations to be measured. b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for certification within one month of Contract execution between the laboratory and the CONTRACTOR. Within six months of this Contract execution, the laboratory shall be fully certified for all applicable matrix/method/analyte combinations to be performed. Regardless of when the laboratory receives certification, the laboratory must implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution. c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub -contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before any change to a sub -contracted laboratory is made. d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub -contracted laboratory shall be provided to the DEP contract manager upon Contract execution or upon receiving DoH certification (see items 2.a and 2.1b above). e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability (IDOC), as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data for this Contract. If requested by the Department, documentation that supports the IDOC shall be made available for review. f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter known collectively as quality control check (QCC) samples. (i) The laboratory shall ensure that the selected QCC samples(s) represent all matrix/method/analyte combinations that are not subject to certification requirements. (ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable range established by the QCC sample provider. 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 contract manager before use under this Contract and must be cited or described in the required planning document (see Section 6). Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 1 of 10 h. The CONTRACTOR shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6). i. The CONTRACTOR shall ensure that the selected laboratory test methods listed in the planning document can provide results that meet the Contract data quality objectives. j. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6). k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards. I. In addition, the CONTRACTOR shall ensure that the quality control requirements specified in the attached addenda are followed. m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document. 3. FIELD ACTIVITIES a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. b. The CONTRACTOR shall ensure that all sample collection and field testing activities are performed in accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, February 1, 2004). The specific standard operating procedures (SOPs) to be used for this Contract shall be cited in the planning document (see Section 6). c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager in accordance with section FA 2000 of DEP-SOP-001/01. All non- standard procedures and methods must be approved by the DEP contract manager before use under this Contract and must be cited or described in the planning document. d. Per the quality control measures outlined in the DEP SOPs (FQ 1000 and the calibration requirements of the FT -series for field testing), the CONTRACTOR shall ensure that the following field quality controls (and any additional quality control measures specified in the addenda) are incorporated into the project design: (i) Matrix -Related Quality Controls - The CONTRACTOR shall ensure that the laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected; (2) The last time samples are collected for the sample collection matrix. (ii) 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 Clank that is associated with the sample, the CONTRACTOR shall investigate and attempt to determine the cause of the QC blank contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination. (2) If an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample, the CONTRACTOR shall ensure that the analyte in the affected sample is reported as estimated ("J" with a narrative explanation) unless the analyte concentration in the affected sample is at least 10 times the reported QC blank value concentration. Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 2 of 10 4. REPORTING, DOCUMENTATION AND RECORDS RETENTION a. The CONTRACTOR shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and .340, F.A.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 Contract shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. c. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP contract manager as part of Quarterly Progress Reports 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 CONTRACTOR shall ensure that the following field -related information is reported to the DEP contract manager: ► Site and/or stormwater BMP name ► 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, if applicable ► Sample collection method identified by the DEP SOP number, where applicable Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 3 of 10 Revised 1/4/06 ► If performed, indicate samples that were filtered ► Field test measurement results, if applicable: • DEP SOP number (FT -series), where applicable • Parameter name No. • Result H, • Result unit of • 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 CONTRACTOR shall submit the lab and field data above electronically in either Excel or Access format. 5. AUDITS a. AUDITS BY THE DEPARTMENT — Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the CONTRACTOR, upon request by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the Department, including those outlined in Section 8 below. b. PLANNING REVIEW AUDITS — (i) Initial: Within 15 days of completing the first sampling and analysis event, the CONTRACTOR 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 contract manager and a copy shall be maintained with the permanent project records. (ii) Ongoing: Planning reviews as described in item (i) above shall occur annually. C. QUALITY SYSTEMS AUDITS — The CONTRACTOR and all subcontractors shall ensure that any required laboratory and field quality system and management systems audits are performed according to the respective Quality Manuals for each contracted and sub- contracted entity. These audits shall be documented in the CONTRACTOR's and subcontractors' records. d. STATEMENTS OF USABILITY— As a part of the audit process and the final report, the CONTRACTOR shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda. (i) The CONTRACTOR shall ensure that all acceptance and usability criteria required by this Contract not specified above are listed in the planning document. (ii) The CONTRACTOR shall ensure that the results of all quality control measures described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document. (iii) The CONTRACTOR shall ensure that all sample results are evaluated according to the additional usability criteria specified in the planning document. Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 4 of 10 6. PLANNING DOCUMENT a. The CONTRACTOR shall submit the planning document identified below to the DEP contract manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning document in this required timeframe shall result in a delay of approval to begin work until the document has been submitted No. to the Department and approved by the DEP contract manager. The document shall be Attachment submitted as a Quality Assurance Project Plan (QAPP) that is prepared in accordance Page 5 with "EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5", (EPA/240B- 10 01/003 March 2001). b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning document after the third (final) submission to the Department, the DEP contract manager may suspend or terminate the Contract. c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty-five (45) days of receipt of the properly identified planning document by the Department, the Department shall review and either approve the planning document or provide comments to the CONTRACTOR and affected subcontractors as to why the planning document is not approved. If further revisions are needed, the CONTRACTOR shall then have fifteen (15) days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any revisions. d. If the review of the planning document by the Department is delayed, through no fault of the CONTRACTOR, beyond sixty (60) days after the planning document is received by the Department, the CONTRACTOR shall have the option, after the planning document is approved, of requesting and receiving an extension in the term of the Contract for a time period not to exceed the period of delayed review and approval. This option must be exercised at least sixty (60) days prior to the current termination date of the Contract. e. Sampling and analysis for the Contract may not begin until the planning document has been approved. f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved planning document including, but not limited to: ► Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; ► Using only the protocols approved in the planning document; and ► Using only the equipment approved in the planning document. g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the CONTRACTOR shall submit appropriate revisions of the planning document to the DEP contract manager for review. The proposed revisions may not be implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to submit the required revisions, the DEP contract manager may suspend or terminate the Contract. h. When the approved planning document requires modification, the amendments shall be (i) Provided in a new planning document, or (ii) Provided as amended sections of the current planning document, or (iii) Documented through written or electronic correspondence with the DEP contract manager and incorporated into the approved planning document. 7. DELIVERABLES a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this Contract: Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 5 of 10 (i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item 2.d above. (ii) Non -standard laboratory or field procedures — The CONTRACTOR shall submit to the DEP contract manager all required information necessary for review of non - standard procedures per items 2.h. and 3.b. above. (iii) Reports of planning review audits as specified in item 5.b. above. (iv) Statements of Usability as specified in item 5.d. above. (v) Planning document per Section 6, above. 8. CONSEQUENCES a. Failure to comply with any requirement of this attachment may result in: (i) Immediate termination of the Contract. (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (v) A request to redo work affected by the non-compliant activity. (vi) Other remedies available to the Department. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 6 of 10 Addendum 1 Quality Control Requirements for Laboratories Performing Chemical Analysis In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. Matrix -Related Quality Control Samples - The CONTRACTOR shall ensure that samples associated with this Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The laboratory shall analyze these samples: a. The first time samples from a sample collection matrix (see Table FA 1000-1) are submitted to the laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. b. 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. c. Spike levels must be at the concentrations specified in item 3 below. d. If the selected sample concentration is expected to be below the Contract -specified practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used. 2. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less. a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified. 3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses: (i) Chlorophyll — the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ; (ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) — the method - specified glucose/glutamic acid check solution shall be used; and, 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 Contract -specified PQL. b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch. Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 7 of 10 5. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a. If the failure is reported to be due to sample matrix interference, the laboratory shall document the process by which this conclusion is determined. 6. Evaluation of Laboratory Duplicate/Replicate Samples — All replicate samples (sample duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document. a. In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. 7. Instrument Calibration — In addition to calibration procedures specified in the analytical methods listed in the planning document, the CONTRACTOR shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration verifications. b. Initial Calibration Requirements (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 Contract -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. Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 8 of 10 d. Sample results below the Contract -specified PQL and above the highest calibration standard shall be appropriately qualified. 8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with the blank must be reported with the 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 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 1/4/06 DEP Agreement No. G0162, Attachment H, Page 9 of 10 Addendum 2 Quality Control Requirements for Laboratories Performing Microbiological Testing In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in AWWA Standard Methods 201h edition, section 9020. 2. Quality Control Blanks a. If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and ending filtration blank. b. The results of any blank must be < 1 CFU/100 mL or the associated sample results must be reported with the appropriate qualifier from Chapter 62-160, F.A.C. 3. Laboratory Quality Control Duplicates a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precison criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field -generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field -generated replicate results. 4. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document. b. The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20 — 60 colonies per plate. Reported values from colony plate counts outside this range shall be qualified with a "B" (unless the reported value is from a 100 mL sample and the count is 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 "Z'. f. Colony counts from samples that have been verified shall be adjusted based on the verification results as specified in the analytical method approved for this Contract and listed in the planning document. Revised 1/4/06 DEP Agreement No. G0182, Attachment H, Page 10 of 10 ATTACHMENT CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: 60182 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) terminated for cause or default. 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 day of , 20 0 Form DEP 55-220 (01/01) Authorized Signature/Contractor Typed Name/Title Contractor's Fimt Name Street Address Building, Suite Number City/State/Zip Code Area Code/Telephone Number DEP Agreement No. G0182, Attachment 1, Page 1 of 2 Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS I. 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 or:etnatcd 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 ]cams 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. E 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. _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) Page 2 of 2 DEP Agreement No. 60182, Attachment 1, Page 2 of 2 ATTACHMENT CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LONER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: G0182 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. c :.ndcrsigred also ce...f3es that it and its prL�cpais: (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) terminated for cause or default. 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 11th day of Apri 1 .20 06 . Typed Name/Title Indian River Coun Contractor's Firm Name 1840 25th Street Street Address Building, Suite Number Vero Beach, FL 32960-3365 City/State/Zip Code 772-226-1490 Area Code/Telephone Number Form DEP 55-220 (01/01) DEP Agreement No. G0182, Attachment 1, Page 1 of 2 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 .,_...,a_.ion o atcd may pursue available retttc ties, 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 slower 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 iknowingly- enters nowingly 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) Page 2 of 2 DEP Agreement No. G0182, Attachment 1, Page 2 of 2 ATTACHMENT Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: I. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 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 $2000 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. 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 $2500 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 '/z 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. 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. DEP Agreement No. G0182, Attachment J. Page 1 of 3 6. 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.) - 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 in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. ]1. Compliance with the requirements of Titles D and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that 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. DEP Agreement No. GO 182, Attachment J, Page 2 of 3 s 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that 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 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 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 with 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), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded 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.) that 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 that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). DEP Agreement No. GO 182, Attachment J, Page 3 of 3 M 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 Govemmentwide 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, grants and loans 40 C.F.R. 34 New restrictions on lobbying 40 C.F.R. 35 State and local assistance Other Federal Regulations 48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency Office of Management and Budget Circulars A-21 Cost Principles for Educational Institutions A-87 Cost Principles for State, Local, and Indian Tribal Governments A-122 Cost Principles for Non -Profit Organizations A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0182, Attachment K, Page 1 of 1