HomeMy WebLinkAboutDEP Agreement No. NF012-State of FLA. Grant Agreement 09.21.16-UNSIGNEDDEP' AGREE,MENT NO. NF012
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO
ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD(S)
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department"),and the CITY OF CAPE CANAVERAL, whose address is
105 Polk Avenue, Cape Canaveral, Florida 32920, (hereinafter referred to as "Grantee"), a localgovernment, to
provide financial assistance for Banana River Park & Manatee Sanctuary Park Shoreline Restoration.
WHEREAS, the Department is the recipient of federal financial assistance from the US, Environmental
Protection Agency (EPA); and,
WHEREAS, the DepaTtment was awarded funding by the EPA pursuant to Grant Agreement No. C9'-
99451515-0; and,
WHEREAS, the Grantee has been determined to be a subrecipient of federal financial assistance from the
EPA; and,
WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in
performance of itsactivitiespursuant to this Agreement,
NOW, THEREFORE, in consideration of the promises and the mutual benefits to be derived herefforn, the
Department and the Grantee do hereby agree as follows:
The Grantee does hereby agree to perform in aocordance 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.
2. This Agreement shall begin upon execution by both parties and shall remain in effect until August 30, 2019,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of
execution through the expiration date of this Agreement. The Grantee may claim allowable prqject
expenditures made on or after October 1, 2014 for purposes of meeting its match requirement identified in
paragraph 3. This Agreement may be amended to provide for additional services if additional funding is
made available by EPA and/or the Legislature,
3. A. As consideration for the satisfactory completion of services tendered by the Grantee under the
terms oftbis Agreement, the Department shal I pay the Grantee on a cost reimbursement basis up to
a maximum of $98,400 towards the total estimated project cost of $164,,000. The parties hereto
understand and agree that this Agreement requires at )east a 40% match on the part of the Grantee,
Therefore, the Grantee is responsible for providing $65,,600 through cash or third party in-kind,
towards the work funded under this Agreement. All match shall meet the federal requirements
established in 40 CTR Pail 30, 40 CFR Part 31 and OMB Circulars A-87 (2 CFR 225), A-122 (2
CFR 230) and A-21 (2 CFR 220), as applicable. It is understood that any additional funds
necessary for the completion of this prof ;t are the responsibility of the Grantee, The Grantee will
report those expenditures to the Department in the Final Report as required under Task 7 in
Attachment A.
13. Prior written approval frorn the Department's Grant Manager shall be required for changes within
approved deliverable budget categories. Changes less than 10% of the total approved deliverable
budget will require a formal change order to the Agreement. Changes greater than 10% of the total
DEP Agreement No, NF012, Page 1 of 15
approved deliverable budget and/or changes that transfer funds from one deliverable to another or
that increase or decrease the total funding amount will require a formal amendment to the
Agreement.
C, J'he Grantee shall be reimbursed (in a cost reimbursement basis for all eligible project costs, upon
the completion, submittal and approval of the deliverables identified m Attachment A.
Reimbursement shall be requested, utilizing Attachment B, Payment Request Summary Form,
in accordance with the schedule in Attachment A. Each payment request must be accompanied by
Attachment C, NIBEAVBE Procurement Reporting Form. Failure to provide Attachment C,
shall result in a delay in processing the payment until such time as the appropriate information is
provided to the Department. To be eligible for reirribursernent, costs must be in compliance with
laws, rules and regulations applicable to expenditures of State funds, including, but not /limited to,
the Reference Guide for State, Expenditures. All bills for amounts due under this Agreement shall
be submitted in detail sufficient for a proper pre -audit and post -audit thereof. A final payment
request should be, submitted to the Department no later than sixty (60) days following the
completion date of the Agreement, to, assure the availability of funds for payment. Each payment
request submitted shall dooinneni all matching funds and/or match efforts (i,e. in-kind services)
provided during the period covered by each request. The final payment request shall not be
processed until the match, requirement has been suet.
D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the A"achiment D, Contract Payment
Requirements, the Grantee shall cotnp9y with the rairrimurn requirement'.,' set forth therein. The
Payment Request Summary Form shall be accorriparued by supporting documentation and other
requirements as follows:
C,iagnLactual (Subcontractors) - Reirriburscincrit requests for payments to subcontractors
iriust be substantiated by copies of invoices with backup documentation identical to that
require,(] from the Grantee, Subcontracts which involve payments for direct salaries shall
'Clearly identify the personnel involved, salary rate per hour, and hours/time spent on tile
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department "rithin thirty (10!)
days of writteii notification, Interest on the excessive charges shall be calculated based on
the prevailing Tate used by the State Board of Administralion. For fixed price (ventfor)
subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis., fixed price subcontracts to
consul tants/contr actors in performing the work described in Attachment A.
invoices submitted to the Department for fixed price subcontracteA, activities
shall be supported with a copy of the subcontractor's invoice and a cop.), of the
tabulation forin for the competitive procurement process (Invitation to Bid 01
Request for Proposals) resulting in the fixed price subcontract.
The Grantee may request approval firorn the Department to award a fixed price
subcontract resulting frons procurement methods 01rhCr thark those identified in
the paragraph above. In this instance, the Grantee shall request, the advance
written approval from the DGIiartment's Grant Manager of the fixed price
negotiated by the Grantee. The letter of'request shall be Supported by a detailed
budget and Scope of Services to be performed by the subcontractor. Upori
receipt of the Department Grant Manager's approval of" the fixed price arnount,
the Grantee may proceed in finalizing the fixed price subcoritrac.
DEP Agreement No, NFO 12, Page 2 of 15
C, All subcontracts are subject to the provisions of paragraph 13 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
Travel Tile Grantee will not be reimbursed for travel expenses tinder tile terms and
,conditions ofthis Agreement.
iv, Eq—U621_nent -- The Grantee will not be reimbursed for the purchase of non -expendable
equipment costing $ 1,000 or more under the terms and conditions of this Agreement.
E. In addition to the invoicing requirements contained in paragraphs 3,C. and D. above, the
Department will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to tire agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriated When requested, this information must be
provided within thirty (30) calendar days of such request. The Grantee may also be required to
submit a cost allocation plan to the Deparm-tent in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). State guidelines for allowable costs can be
found in the Department of Financial Services' Reference (Juide for State Expenditures at
allowable costs for Federal Prograrns can be
found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at
and OMB Circulars A-87 (2 C`FR 225),
A-122 (2 CFR 2.10), A-21 (2 CFR 220); and administrative requirements can be found in OMB
Circulars A-102 and A-1 10 (2 CFR 215) at
btip://w-A�m,.wfiiteliouse.f,,oy/oi-nb/circular-i/index.htH, 4numerical,
I,- Management fees or siryfflar charges in excess of the direct costs and approved indirect rates are
not allowable. The term "management fees or similar charges" refers to expenses added to the
direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen
liabilities, or for other similar costs which are not allowable under this Agreement. Management
fees or similar charges may not be used to improve or expand the project funded under this
Agreement, except to the extent authorized as a direct cost of carrying out the work identified in
Attachment A, Grant Work Plan,
G, 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.
Applicable Cost Princi les
Slate, local or Indian tribal government. l Circular A-87 (2 CFR 225
Private non-profit organization other thaw
(1) at' OMB Circular A-122 (2 CFR 230)
institution ot'higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
sulajcct to that circular.
Education Institutions OMB Circular A-21 (2 CFR 220)
F'or-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles
organization named in OMB A-122 as not subject and Procedures, or uniform cost
to that circular, accounting standards that comply with
cost principles acceptable to the federal
. .. . . ....... . -------- a Aency�
Hospital 45 CFR Subtitle A - Appendix E to Part
74 -Principles for Deten-nining Costs
Applicable to Research and Development
Under Grants and Contracts with
. . . . ..... .. . . --- --- - - ---------------------- 1.1-i
DEP Agreement No. NFO 12, Page 3 of 15
i. The accounting systerns for all Grantees itrust ensure that these funds are not corniningled
with funds from other agencies. funds' frorn each agency must be accounted for
separately. Grantees are prohibited from cominingling funds on either a program -by -
program or a project -fay -project basis. Funds specifically budgeted and/or received for
ore project may not be used to Support another project. Where a Grantee's, or
subrecipient's, accounting systern cannot comply with this requirement, the Grantee, or
subTecipient, shall establish a system to provide adequate fund accountability foT each
project it has been awarded.
it. If the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund, either in whole or in part, of the fund,, provided to the
Grantee under this Agreement for non-compliance with the material lenris of this
Agreement. The Grantee, upon such written notification frorn the Depanment shall
refund, and shall forthwith pay to the Department, the amount ofmoney demanded by the
Departmeni. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated frorn the date(s) the
original payment(s) are received firom the Depailment 1)), the Grantee to the (late
repayment is made by the Grantee to the Department,
iii. In the event that the Grantee recovers costs, incurred' Linder this Agreement and
reimbursed by the Department,, frons another source(s)i, the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Bc)aTd of'
Adrnnrtjstratjon, Interest shall be: calculated from the date(s) the payinent(s) are recovered
by the GFautCe t0l the date lepayMent is made to the Department by the Grantee.
The federal funds awarded under this, Agreement must comply with The FederalFundinA,
AecoijnfabifltiY and TransparencyAct, (FFATA) of 2'006. The intent of the FFATA is to empower
evM, American with the ability to hold the government accountable for each spending decision.
The end result is to reduce Wasteful spending in the govemincrit, The FFATA legislation requires
that inl'ormation on federal awards (federal financizd assistance and expenditures) be made
available to the public via a single, searchable website, which is
Grant
Recipients awarded a new Federal grant grecter than or equal to $25,000 awarded on or after
October 1, 20,10 are, subject to the FFATA, The Grantee agrees to provide the information
necessary, over the ffe of this Agreement, fior the Department to cornply with, this requirement,
1 ne table below identifies the funding supporting this Agreetrient and EPA Grants providing the
funds,
E, 'A GT r ant Number CFDA Program Title Funding
Arriou-ni
c foal 66.460 Nonpoint Source Implementation $98,400
Grants
'Total Fundini,!: !S98,410O
_M....__..__ .... .....
'The State of lorida's Performance and obligation to pay under this Agreement is confingent upon in annual
appropriation by the Legislature. I lie parties hereto Understand that this Agreement is riot a commit]"nern of
firture ap prop ri ati oils.
5, k Progress Reports shall be submitted to the Department's Grant Manager no later than twenty (20)
days, fbllowing the completion of' the quarterly reporting; period. Each progress RepOn Shdfl IM
submitted on Attachnient E, Progress Report Form, and shall describe the work performed
DEP Agreement No, NF012, Page 4 of 15
during the reporting period, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. The Final Project Report shall be submitted no later
than the completion date of the Agreement, The Department's Grant Manager, shall have thirty
(30) calendar days to review the required reports and deliverables submitted by the Grantee. Final
payment, up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., Inay
be withheld until all work is completed,, all deliverables have been submitted, match requirements
Nave been met and the Final Project Report has been received and approved.
BA draft comprehensive, final report must be submitted electronically in Microsoft Word formal in
accordance with the schedule outlined in Attachment A, The Department will review the draft
final report and provide comments for inclusion in the final report within thirty ('30) days, One
electronic copy in Adobe.pdf format or Microsoft Word formal, of a comprehensive final report
must be submitted in accordance with the schedule and submission requirements outlined in
Attachment A, The Orantee'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 covet page of the final project report:
"'This project and the preparation of this report was funded in part by a Section 3,19
Nonpoint Source Management Program Implementation grant from the U&
Environmental Protection Agency through an agreement/contract with the NODPOmt
Source Management Section of the Florida Department of Environmental Protection, The
total cost of the pro ect was Sfshq�K qgtu '�� IQA' -404AULIXIM-11 Or
j Q!�Rfl, Of which $[&
how_gc 71 r n al 11r. t
Iq "Icic ta o ection
percent was provided by the U.S, I ivi o ment
Agency."
Additionally, all other final delivorables required by this Agreement (such as booklets, parnphlets,
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,
""['his .a t
- (bookiet, parnpHet, video, paper, ele, as appropriate) was funded in par by a
Section 319 Norvoint 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."
C. The Grantee agrees to provide a copy of any draft report and/or final report to the Department
before making, or allowing to be tnade, a press retcase, publication, or other public announcernent
of the project's outcome. This shall not be construed to be a limitation upon the operation and
applicability of Chapter 119, Florida Statutes,
D. The Grantee agrees to comply with the requirements of'EPA's Program for Utilization ol'Small,
Minority, and Women's Business Enterprises in procurement under this Agreement.
The Grantee accepts the Minority Business Emerprise/Worrien's Business Enterprise
(MBE /WBE) "Fair Share"' ,goals and objectives negotiated with EPA as follows:
Florida Fair Share Goals
Industiry coal
... ....................... . . . . ......
-��I lies__. ____W w._____.._. ___._. _ w p �� BE and 3BE
Services
4N M % W
Cons tru c t ion
If the Grantee does not want to rely on the applicable State's MBENIBE goals, the
Grantee agrees it) submit proposed M'BEIWBE goals based on availability of qualified
DEI' Agreement No. NFOI 2, Page 5 of 15
minority and wornen-owned businesses to do work in the relevant market for construction,
services, supplies and equipment. "Fair Share" objectives must be submitted to the EP,A
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 Graru Manager,
id, The Grantce 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.
iv'rhe 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.
V. The Grantee agrees, to follow the six good faith efforts or positive efforts stated in 40
C,F,R- 33, as appropriate, and retain records documenting compliance,
vi, The Grantee agrees to submit a report documenting MBEAVBE utilization under federal
grants in conjunction with the required payment request furan (see paragraph 3,C).
vii. If race: and/or gender neutral efforts prove inadequate to achieve as "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.
viii. In accordance with Section 129 of Public Law 1001-590, the Small BUSincSS
Administration Reauthorization and Amendment Act of 19,88, the Grantee agrees to
utilize and to encourage any prime contractors under this Agreement to utilize small
bUSmeSSeS located in rural areas to the maximum extent possible. The Grantee agrees to
follow the six affirmative steps stated in six good faith efforts stated in 40 CYR 33, as
appropriate, in the award of any contracts under this Agreement,
T-. .
In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423,
Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007)
and/or 40 (.,FR, 30, 36, the Grantee agrees to use recycled paper and double sided printing 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 does not apply, to invoices and their documentation, which are required to be single
sided. This requirement applies even when the cosi of recycled paper is higher than that of'virgin
paper.
F', Any State agency or agency of a political subdivision of a State mihich is using appropriated
Federal funds shall comply with the requirements set forth in Section 6002 of the Resource
Conservation and Recovery Act (RCCA) (42 US.06962). Regulations issued under RCIIA.
'Section 6002 apply to any acquisition of an item where the purchase price exceeds $10.000 or
where the quantity of such items acquired in the course ofthe preceding fisca4 year was S 10,000 or
more. RCRA Section 6002 requires that preference be given in procurernent programs to the
purchase of specific products containing recycled materials identified in guidelines developed by
EPA. 'hese guidelines are listed in 40, CfR 247
DEP Agreement No 1^rF01 2, Page 6 of 15
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 reasons) for termination,
R The Depariment may terminate this Agreement f6r convenience by providing the Grantee with
thirty (30) calendar days written notice.
No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed
for submittal of satisfactory deliverable., at no additional cost to the Department, within ten (10) days of
being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either,: 1) terminate this Agreement lor
failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance
under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to
the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) days,
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
]Department, The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the C.,'A.P is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department letter rejecting, the proposal to
subridt a revised proposed CAP, Failure to obtain the Department approval of a CAP as specified
above shall result in the Department's termination of this Agreement for cause as authorized in this
Agreernent.
R Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to corramence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
In the event the CAPfails to correct or eliminate performance deficiencies by Grantee, the
Department shall retain the right to require additional or further remedial steps, or to terminate this:
Agreement for failure to pti-Fori'li, No actions approved by the Department or steps taken by the
Grantee :shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports oil the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C.r Failure to respond to a Department request for a CAP or failure to correct a deficicaicy in the
performance of the Agreement as specified by the Department may result in terrrjnalion of the
Agreement.
The remedies; set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or, in hen of those set forth above, as permitted by the Agreement.
If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any
Federal or State Statutes, rules or regulations, applicable to this Agreement, the Department may take one or
more of the following actions.
A. Ternporarily wjthljojd cash p2yrnents pending correction of the deficiency by the Grantee.
DEP Agreement No. NFOI 2, Page 7 of IS
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,
CWholly orp artly suspend or terminate this Agreement.
R Withhold further awards for the project or program,
I-". Take other remedies that may be legally available.
F Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or
after termination of the Agreement are not allowable unless the Department expressly authorizes
them in the notice of suspension or termination, Other Grantee costs during suspension or after
termination which are necessary and not reasonably avoidable are allowable if the following apply.
i The costs result from obligations which were properly incurred by the Grantee: before the
effective date of'suspension or termination, are not in anticipation of it, and in the case of
termination, are noncancellable.
'I", he cost would be allowable if the Agreement were not suspended or expired normally at
the end of the funding period in which the iterroination takes place.
Cl. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 125�49 and 12689,
10. The Department shall have the right to demand a refund, either in whole or part, of the funds provided to
the Grantee for noncompliance with the terms of this Agreement.
ll. A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with gener-ally accepted accounting principles consistently applied,
The United States Environmental Protection Agency, the Comptroller General of the United
States, the Department of Environmental Protection, the State, or their authorized representatives,
shall have access to such records for audit purposes during the term of this Agreement and for five
(5) years foHowing Agreement completion. In, the event any work is subgr,anted 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, of 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 fbi real properly and equipment acquired with Federal funds shall be retained for five (5)
years following final disposition,
12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment F, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit I to Attachment F summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment F. A revised copy of Exhibit I 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 Grain Manager to request a copy of the
updated information,
DEP Agreement No. NFOI 2, Page 8 of 15
K 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/orstate) identified in Attachment F, Exhibit
I when making its detennination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133,, Subpart B, Section .210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee shall utilize the form entitled "Checklist f6r Nonstate Organizations
Recipient/Subi-ecipient vs Vendor Determination"" (form number DFS-A.2:NS) that can be found
under tire "Links/Forms" section appearing at the following website:
bill !/4 f. fldfs, jlijf�qa
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.
l3. A. 'The Grantee may not subcontract work under this Agreement without the prior written consent of
the Department's Grant Manager. 'rhe Grantee shall submit a copy of the executed subcontract to
the Department within ten (10) days after execution. Regardless of any subcontract, tile Grantee is
ultimately responsible for all work perfortned under this Agreement. °1 he 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 chre 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 (3rantee agrees to, comply with the procurement requirements contained in 40 C.F,R, 31.36 for
its selection of subcontractors.
no
C". 'The Department of' f"nvironmental Protection supports diversity in its procurement prograrn and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity.
enth usiasti cally. 'The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of mrinority-owned firms that could be offered subcontracting Opportunities
may be obtained by contacting the Office of Supplier Diversity at (950) 487-0915,
A. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using
funds provided by this Agreement for the purpose of lolbbying the Legislature, the judicial branch
or a state agency.
B. 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 digible for- subgrants tinder 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. 'Phis restriction does not apply, to loans made
pursuant to approved revolving loan programs or to, contracts awarded using proper procurement
procedures.
"rhe Grantee's Chief f^xecuflve Officer shall certifyp that no funds provided under this Agreement
have been used to engage in the lobbying of tile Federal Govenu-nent or in litigation against the
United States unless, authorized under- existing law, 'I'lle Grantee shall submit AttaChMent 11,
"Lobbying and Litigation Certificate" to the Department within ninety (90) days fiollowing tire
completion of the Agreement period.
DEP Agreement No. NFO 12, Page 9 of] 5
15 The Grantee shall comply with all applicable federal, state and local rules and regulations in performing
Linder this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to,
compliance with all applicable federal, state and local health and safety rules and regulations, The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement,
16, Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
17, The Department's Grant Managers (which mayalso be referred to as the Department's ProjectManagers) at
the tinic of execution fi)r this Agreement are identified below.
is, The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) at the tune
of execution for this Agreement is identified below.
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail
with acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.B should include the updated Grant Manager information.
19% To the extent required by law. the Grantee will be self-insured against, or will secure and maintain during
the life, of' dris Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the: subcontractor
similarly to provide Workers' Compensation Insurance for' all of its employees unless such ernployees are
covered by the protection afforded by the Grantee, Such self- insurance prograrn 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 Grantex,
shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department,
for the protection of his employees not otherwisc protected,
go
A. 'I lie Grantee shall secure arid rnaintain Commercial Generai Liability insurance including bodily,
injury and property damage. The jininimurn limits of liability shall be $100,000 each occurrence
and $300,000 aggregate. This insurance will provide coverage for all claim,, that may arise from
the services and/or operations completed under this Agreement, whether such !services and/or
DEP Agreement No. NFOI 2, Page 10 of 15
operations are by the Grantee or anyone directly or indirectly employed by him. Such insurance
shall include the State of Florida as art Additional Insured for the entire length of the Agreement,
13, '1 he Grantee shall secure and maintain Commercial Automobile Liabihty insurance for all Oairns
which may arise from the services and/or operations under this Agreement., whether such services
and/or operations are by the Grantee or by anyone directly, or indirectly employed by furn. The
minirman limits of liability shall be as follows:
$300,000 Automobile Liability Combined Single Limit for- Comp y Ow i e
an n�ed Veh cl s, if"
applicable
$300,000 Hired and Non -owned Liability Coverage
Cl. All insurance Policies shall be with insurers licensed or eligible to data business in the, State of
Florida, The Grantee's current certificate of insurance shall contain a provision that the insurance
wfll riot be canceled for any reason except after thirty (30) days written. notice (with the exception
of non-payment of prernNuri which requires a 10 day notice) to The Depariment's Procurement
Administrator,
21. The Grantee covenants that it presently has no interest and shall riot acquire any interest which ,xould
conflict in any manner or degree with the performance ofservices required.
22. Reimbursement for equipment pUrChaSeS C08(ilIg $1,000 Or More is not authorized under the terms and
conditions of this Project Agreement,
23. The Department may at any time, by written order designated to be a change order, make any change in the
Gi'atu Manager information or task timelines within the, cun-rnt authorized Agreement period, All change
orders are subject to the mutual agreernent of both parties as evidenced in writing, Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendrnent to, this
Agreement,
24, The Hotel and Motel Fire Safety, Act of 1990 (Public Law 10�1-391) eslabiishes a number of` fire. safety
standards, which must be met for hotels and inotiels. The Grantee acknowledges that 1'ederal funds rnay not
be i2sed to sponsor a conference, meeting, or training seminar field in a hotel or motel which i does not meet
the requirements of the Hotel and Motel h1re Safety Act of 1990.
25,
Ifthe Grantee's project involves errvircrrmramentally rellaatccf measurernents oi dates generation, inchiding the
development of models that may be used in regulatory decisions, the Grantee shall deve.lop and implenicilt
quality assurance practices consisting ol"policies, proceduires. specifications, standards, and documentation
sufficient to produce data of quality adequate to meet project objectives and to rniriijrmize loss of data clue in
out conditions or inaffiffWtioltS
, Ali sampling and analyses performed under this Agreement nniqt
conforin with the requirements set forth in Chapter 62-160, Florida Achnini.wative Code. and tile Quality
Assurance Requirenients, for Department Agreements, attached hereto and made part hereof as Attachment
K, Quafity, Assurance Requireinienits,
26. A. No person, on the gr()Urjds of'race, creed, color, na6ojjjAj origill, age, sex, or disability, shall be
exClUded frorri participation in; be denied the proceeds or benefits of, oy be other -wise subjected to
discrimination in performance ofthis Agreement,
B, An entity co affifidte who has been placed wr the discriminatory vendor list inay riot submit a hid
01) a Contract to provide goods or services to a public entity, may riot subml a bid on a contract
with a public enthy fol the construction or repair of a public building or public work, may um
subnnit bids on leases of real property to a public entity nnay riot aNvard or perform work as a
contractor, stq)pfier, subcontractor, or consuhant under contract with any puhhe entity, and may
D13P Aflicement No, NFOI 2, Page I I of 15
not transact business with any public entity. ']'lie Florida Departnieni of Man8gCtnent Services is
responsible for maintaining the discriminatory vendor list and posts the list or) its website.
Questions regarding the disc rirninatory vendor list Tnay be directed to the Florida Department of'
Management Services, Office of Supplier Divensity at (850) 487-09 15.
27. In accordance with Executive Order 125491, Debarment and Suspension (2 CrR 180 and 1532), 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; arid, that (lie 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 Deparirrient The Grantee, shall include the language
of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this
Agreement,
28. The Environmental Protection Agency and Department reserve a royalty -free, r1L011C'XClUSiVe,, and irrevocable
license to reproduce, publish or otheFivise use, and to authorize others to use, for goverianient purposes:
A. The copyright in any work developed under a gj"ani, subgrant, or contract under a grant or
subgrant.
B. Any rights of copyright to which a grantee, subgiantee of a contractor purchases ownership with
grant support.
29. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, flie provisions
contained in Attachment 1, Contract Provisions, attached hereto and triade a part hereof, In addifion, the,
Grantee acknowledge,,; that the applicable regulations listed in Attachment 3, Regulations, attached hereto
and made a part hereof, shall apply to this Agreement.
30. Land "qW13niOn is 1101 authorized under the terms of this Ao eenient.
V
31 This Agrectrient has been dchvered in tire State of Florida mid shall be construed in acs ordince with the
laws of Florida, Wberever possible, each provision of this Agreement shall be interpreted in such manner
as to, be effective and valid under applicable law, but ifany provision ofthis Agreement shad be prohibited
or invalid under applicable law, such provision shall be n1eJ`fCCtiV`C 10 the extent of such prollibilion or
invalidity, wilhooL invalidating the remainder of such provision or the reinaining provisions of' this
Agrec=nt. An
y action hereon or in Connection herewith shall be bri.xight in Lcon County, Horida,
31 This Agrternent and any AmendnWrItS or ChUllge Orders thereto, May be CXeCAOd in tWO OF more
counterparts, each of'which together shall be deemed an original, but all of'which together shall constitute
one and the sarne instrument, In the event thal any signature is delivered by facsimile trarrsi-nission or by e••
renal defivery of a ".1)(W format data file. siach signature shall create a valid and binding obligation of the
party executing (01- on whose behalf such signature is executed) with the same: force and effect as if'such
facsinifle or ".pdf" signature page were an original thereof.
33.
A- Grantee shall comply wilh RoHda Pubhe Rccwds law under Chapter X119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida iaw, as defined in
Seclion 119.011(12), F,S, Grantee shaH keep and rnaintairF public records required by the
Department to perl'ornt the services under this Agreement,
B TliisAgrCerftclur may be Urnlaterally canceled by the Depanniem for refusal by the Grantee to
either provide to the Department upon request, or to aHow inspection and copying of' all pubfic
records made OT rC,'CciVe(j J)y (I)e Grantee in cor�punction with this Agreement and subject to
diSCIOSUrc under Chapter l 19, 1�.S., and Section 24(a), Article 1, Florida (`Onstiftflrion
DEP Agreement No, NFO 12, Pape 121 of 15
Cr. if Grantee rneets the definition of "Contractor" found in Section 119-0701(1)(a), F.S,; [i.e., all
individual, partnership, corporation., or business entity that enters into a contract for services with a
public agency and is acting oil behall'ofthe public a,pel)Cyj, then the following requirements apply:
Pursuant to Section 11 M701, F.S., a request to inspect or copy public records relating to,
this Agreement for services must be made directly to the Departinent. If the Department
does riot possess the requested records, the Departinent shall immediately notify the
Grantee of the request, and the Grantee MiSt provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If'Grantee fails to
provide the public records to (lie Department wilhin a, reasonable time, the Grantee may
Ise subjeettoponafties under s. 119.10. F.S,
Upon request ftoni the Department's custodian of public records,, Orantee Shall provide
the Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapler
119, Florida Statutes, or as otherwise provided by lmx%
di. Grantee shall identify and ensure that all public records that are exempt or coul'id ential
and exempt front publiv records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following completion ol'the
Agreement if the Grantee does not transfer the records to the Department.
iv. Upon completion of tile Agreement, Grantee shall transfer, at no Cost to Department, all
public records in possession of"Grantee or keep and trMintain public records required by
the Department to perform the services tinder this Agreen lent. Ifthe Grantee transfers all
public records to the Department upon completion of Ole Agieenient, the Grantee shall
destroy an), duplicate public records that are exempt or confiderifial and eyernpt from
public disclosure requiYernems. If the Grantee keeps and maintains pUblic records upon
completion of the Agreement, the Grantee shall ineLt all applicable requirements for
retaining public records. All records that are stored electronically inust be provided to
Department, uport request from the Department's custodian of public records, in a formal
that is accessible by and compatible with the inficirinatioji technology systems of'
Department.
IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER -119, FLOW DA. STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RIECORDS
RELATING TO THIS AGREEEMENT, CONTACT THE
DEPARTMENT'S C1.)STOTai AN OF PUBLK RECORDS b,%
telephone at (850) 24,5-2118, by email at or at
the mailing address below:
Department of Environmental Protection
ATTN: Office ol'Onibudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, H, 32399
DEP Agreement No. NFOI 2, Page 13 of 15
34. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section
287.135�, F.S. In addition, Grantee agrees to observe the requirements of Section 287,335, F,S" for,
applicable sub-agreernents entered into for the performance of work under this Agreement. Pursuant to
Section 287.135, RS., the Department may immediately terminate this Agreement for cause it the Grantee,
its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its
affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in
prohibited contracting activity during the term of the Agreement As provided in Subsection 287.135(8),
F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative,
35, 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,
RE,"MAINDER OF PAGE INTENTIONALLY LEFTBLANK
DEP Agreen-ient Noo. NFO 12, Page 14 of 15
IN WITNESS WHEREOF, the parties hw?e caused this Agreement to be duly exectued, the day and year
last written below,
CITY OF CAPE CANAVERAL
Date:
FEID No.:
STATE OF FLORIDA DEPARTMENI OF
()NrMr
ENVIR EN'FAL PROTECTION
M
Secretary or designee
Caie�,ii,,2, .1, DEP Grant Manager
DET QC Reviewer
*For Agreements, with governmental boards/cointnissions: If someone other than the ChaiTMarn signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agrecrnenl on behalf of the
governmental board/commission must accompany the Agreement.
List ofattachments/exhibits included as part of this' Agreement:
Specify
Letter/
Type
Number
Description (include number of pages)
A!Adbmaerit
A
GOA -t
-ALt a_CILI I I C I I t
A-
PAYijignt Reguest S-unuji EL)-r—mand' j-ntructionLs 5 Phjge,S
Attachment
. ...........
C
MBE/WBE Procurement .&L)orflV F
...-M—r-ormand Instructions_(
. .. . .......... . —
Attachinerrtt
D
Contract Re u rements P
Attachment
P res
LQZ 5. . . . . ... .....
Attachrn n.t
F
Attachnj Ig�j
G
_ern nte tion, N�Jjjde�
his AjtLacb.Ln t .�L _ _
Attachment
H
Lobbvi1i_gan!j_jj p.g.certificate 14g
-.2 -tj? IILQvisions
AkAelmu e -D -t
j
-g R . ...... ...
-.......... . ... . ..
AM0 D t
L
K
Rp.!apireen1 PAg �qz�s
M -�! ... -_ ....
DFP Agreement No, NFO 12, Page 15 of 15
ATT ACHNIENT A
(TRANTWORK PLAN
PROJECTTITLE: Banana River Park & Manatee Sanctuary Park Shoreline Restoration
PROD ECTLOCATION: The Project will be located at two parks along the eastern shore of the Banana
River Lagoon, which is located within the City of Cape Canaveral in Brevard Count),, I'lorida, Key location
infomiation for each Park is as follows-
* Banana River Park
* 5 -acre park;
* 901 Puerto del Rio Road; and
* Lat/Long — 2839 1/80.68 W,
* Manatee Sanctuary Park,
o 10 -acre park-,
o 701 Thurm Boulevard; and
aLat/Long 28.38 N/80.68 W,
The parks include approximate]), 1,700 feet of shoreline along the eastern shore of the Banana River Lagoon
900 feet at Banana River Park and 800 feet at Manatee Sanctuary Park. Both parks are shown oil the
Location Map presented as Figure 1. Defined work areas at each park are shown oil Figures 2 and 1
PROJEcr BACKGROUND- Over the past several years, the shorelines of both Banana River Park and
Manatee Sanctuary Park have been eroded by storms producing high wind/waves. The shoreline has
continued to recede to the point that infrastructure at both parks will soon be impacted, In addition, shorehile
sediments from the erosion have covered emerging sea grasses in the Banana River Lagoon, Recent studies
indicate that over 47,000 acres of'sea grasses have died since 2011 in the Banana River Lagoon system in
Brevard County. Regional restoration efforts are currently underway including muck removal, reducing,
nonpoin(pollutants, installing new oyster beds, etc.
This project was developed in accordance with the guidelines established in tire, 0ty's 2014 Stormwater
Master Plan (SWMP). The SWMI:1 identified and prioritized projects that would (1) reduce slorinwater flow
to the Banana River Lagoon, (2) reduce loads of total nitrogen (TN) and total phosphorous (TP) and (3)
define potential flooding areas, in the City.
PROJECT DESCRIPTION: The Grantee intends to provide park shoreline protection fi-om high
wind/wave erosion by providing a combination of coquina rock placement, selective bank planting with
use of suitable existing vegetation (mangroves, ivire grass, etc.) and enhancement of a top of hank
infiltration swale. Benefits from construction of the improvements include:
Reduction of sediments from boli park shorelines in the range of 130 tons, which historically have
covered a4acent scagrasses; and,
Reduction of discharge of TN (6.3 lbs) and TP (0 18 lbs) by use of an upland bank infiltration
swale.
Typical shoreline bank, stabilization sections, including two types of planned nnproVCTnCn(s, are shown in
Figures 4 and 5,
TASKS AND DELIVERABLES:
Task 1: Design an(] Permitting
Task Description. The Grantee will complete the design of park shoreline protection improvements
including coquina rock placerri.ent, selective planting and. enliaticement of top of bank infiltration swale
and obtain all necessary permits for construction of project.
DEP Agreement No. NF012, Attachment A, Page I of 11
Deliverables: An electronic copy of the final design, including professional certification as applicable, and
a list of all required permits identifying issue dates and issuing authorities submitted to the Department's
Grant Manager, Upon request, the Grantee will provide copies of obtained permits or permit-related-
correspondence or documentation an(Yor a paper cop), of the final design.
Performance Standard: 'I'he Departrrient's Grant Managei will review the deliverables to verity that they
meet the specifications in the Grant Work. Plan and this task description,,
Task 2., Bidding and Contractor Selection
Task Description: The Grantee will subconn,act the construction of coquina rock placement, selective bank
planting and enhancement of a top of bank infiltration swale, with a qualified arid licensed contractor,
selected throug)i the Grantee's procuretnent process. The Cyrantee shall prepare and solicit bids utilizing a
bid package in accordance with state and federal laws, and this Ag.),reement. Included in this 'I I ask are pre-
bid meeting(s) in response to bid questions,
Deliverables: Completed bidding and contractor selection as evidenced by: (1) Electronic copy ofliublic
notice of advertisement for the bid', (2) electronic access, to all inquiries, questions and corn meats regarding
the bid docurrients; (3) electronic copy of bid package-, (4) written nolice of selected contractorand (5)
electronic copy of executed subcontract(s) Provided prior to submitting an), invoices for the subcontracted
work,
Performance Standard: 'The Deparlinern's Grant Manager will review the deliverables to verify that they
ineet the specifications in the Grant Work Plan and this task description.
Task 3: Construction of Project
Task Description: 'The Grantee will construct approximately 1,700 feet of park shoreline protection
improvements in Banana River Park and Manatee Sanctuary Park, including coquina rock placement,
selective bank planting and cnhancemcriG of a top of" bank infiltration swale in accordance with the, final
design(s), bid, specifications arid required permits.
Deliverables: Park shoreline protection improvements as described in this task, as evidenced by: (1) Dated
color photographs of the construction site(s) prior to, during and iminediately f0l101Ving COMPICtion of the
construction task; (2) wxTitten verification that the Grantee has received record drawings and any required
final inspection report(s) for the project; (3) signed acceptance of the completed work by the Grantee-, and
(4) signed statement frorn a Florida Licensed Professirinal Engineer indicating construction has been
completed in accordance with the design,
Performance Standard: The Department's Grant Manager will review the deliverables to verity that they
meet the specifications in the Grant Work Plan axed ihis task description and that work is being performed
in accordance %Nith the GraTlfee's construction contract dOCUMCotS. 13pon review arid written approval by
the Department's Grant Manager of all deliverables under this task, the Grantee nray proceed with payinent
request subi-nittal.
Task 4k Quality Assurance Project. Plan
Task Description: The (.3rantee will prepare, sub mit and receive approval on a Quality Assurance Project
Plan (QA1111) prior to contniencernerit of any monitoring„ associated with the project. The QAJ1P must
specify the sampling procedures, locations, , instruments and paraineters, to be sampled. The Grantee will
use the fbi-mat provided by the Departineut's Grant Manager, il"applicable,
Deliverable 4a: Draft QAP11 submilled eleclionically in Word forinat to the Departmeni's Grant Manager.
Upon rerp,wst, the Grantee will provide a paper copyofthe Draft QAPP to the Dep"IrtfyIerIt'S Go-ant Manager.
Performance Standardm The Department's Grant Manager will ensure review of the drah, QAPP for
compliance with this Agreement and the quality assurance requirements, to ensure sufficient nionitoring is
plaforled to :measure prqjecl of and provide cornniems to the Granice as needed prior to Final]
QAPP submittal,
DE11 Agreernent No, NF012, Attaclu-nent A., Page 2 of' I I
Deliverable 4b.- Final Department -approved QAP'P submitted electronically in Word forreat to the
Department's Grant Manager. Upon request, the Grantee will provide a paper copy ofthe Final QAPP to
the Department's Grant Manager.
Performance Standard.- The Department's Grant Manager will review the Final OAPP to ensure that
draft comments have been taken into consideration and the Final QAPP is in compliance with this,
Agreement and the quality assurance requirements and there is sufficient monitoring to measure project
cfl,l ctivciicss.
Task 5- Monitoring
Task Description: '17he Grantee will conduct monitoring in accordance with the Departmern-approved
QAPP for this prc�Jcct (see'rask. 4),
Deliverables: Summary of completed nionitoring activities (dates completed, sampling conducted and any
not conducted and why) monitoring results along with intet-pretation of those results (ass expected or not as
expected) submitted electronically, along with the draft or final (when submitting final request) laboratory
report and sampling logs (must also have field and weather data) to the Department's Grant Manager. Upon
request, the Grantee Nvill provide a paper copy or copies to the Department's Grant Manager.
Performance Standard. The Departinent's Grant Manager will review the monitoring results for
completion and compliance with QAPP requirenrents.
Additional Financial Consequences: Costs for any monitoring that is not completed as outlined in the
Department -approved QAPII inay be discounted if included in the payment request.
Task 6: Public Education
Task Description: The Grantee will provide public education inf , onnation about the projeet arid its
environmental benefits in the following Ibmiats- (1) existing kiosks (one at each park) will be filled with
updated project inforr-nation during and after construclion to infonn the general public; (2) a letter will be
sent to area residents and condominium associations describing the project activities; and (3) project
progress will also be detailed in the City's Weekly LJpdate to Oty Council and the general public.
Deliverable 6a: 1) Copies ol"draft print -ready niaterials foT the kiosks; 2) letters to be sent to area residents
arid condominium associations describing the project activities submitted to the Department's Grant
Manager for review and approval prior to final printing and distribution; 3) Copy of draft print -ready anicles
for the (.'it,
'�
y Weekly Update submitled to the Departrnent's Grant Manager for review and approval prior
to final printing and distribution; Deliverables should be subunitted as electronic copies unless otherwise
requesled by the Department's Grant Marnager.
Performance Standard: The Department's Girant Manager must approve draft rnateriads prior to public
distribution. T'he Deparimern's Grant Manager will review the draft deliverables and provide connnenis to
the Grantee as needed.
Deliverable 6b: 1) A copy of the final printed materials for the kiosks and photos, ofthe kiosks with
rnaterials ; 2) final copy of letter and number ofresidents it was mailed to; 3) Copy of City's Weekly
Update containing article on project. Deliverables should be subiniued as ClUtr011iC COPIeS Unless,
otherwiqc requested by the Department's Grant Manager,
Performance Standard -,The Depariment's Grant Manager will review the final deliverables lo ensure the
draft comments have been taken into comideration.
Task 7- Final Report
Task Description: Ilie Grantee will prepare a linal Report summarizing the results of the pi-cliect,
including; ralll tasks in the Grant Work Plan, The Final Report must include at a rninimurn:
ProJect localkni and backgrourid, proJeci description and tinieline, grant award ainouni and
anticipated benefits.
DFAI AgreenieDl No, N1`012, A (tacbment A, Page 3 of], 1
0 Financial summary ofactual costs versus the budget, along with any changes required to the budget.
Include any match or locally pledged contributions provided, along with other related protect work
performed outside of this Agreement to identify the overall project cost.
* Discussion of project schedule versus actual completion,, including changes required to the
schedule, unexpected site conditions and adjustments, significant unexpected delays and
corrections and/or other significant deviations from the original project plan.
* Summary of activities completed, as well as those not completed and why, as well as a brief'
surnmary of any additional phases yet to be completed.
* Photo documentation of work perfori-ned (before, during and after), appropriate ftrures (site
location, site plan[s], etc.), appropriate tables summarizing data/inforination relevant to Grant Work
Plan tasks, and appropriate attachments relevant to the project.
* Discussion of whether the anticipated benefits have been/will be realized (e.g., why a Best
Management Practice [f3MP] approach did or did not exceed the expected removal efficiency).
* Summary of monitoring activities completed and any not completed and why, monitoring results
and an interpretation of data based on planned versus realized results.
Deliverable 7a: An electronic copy of the draft Final Report in Word format submitted to the Department's
Grant Manager for review prior to submission of the Filial Report. Upon request, the Grantee will provide
a paper copy of the draft Final Report,
Performance Standard: The Department's Grant Manager will review the submitted draft Final Repoli to
verify that it meets the specifications in the Grant Work Plan and this task description, and provide any,
comments to the Grantee for consideration for the Final Report.
Deliverable 7b: An electronic copy of the Final Report, with all suggested changes considered, in Word or
PDF format submitted to the Department's Grant Manager for review and approval. Upon request, the:
Grantee will provide a paper copy of the Final Report.
Performance Standard- The Department's Grant managerw&rill review the Final Report to ensure that draft
comments have been taken into consideration and the Final Report is in compliance with this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. NlryO 12, Attachment A, Jr, age4 of I I
PROJECT TINT
LINE: The tasks must
be completed by the corresponding
task end
date and all
deliverables Must
be received by the designated
due dale. If at any lime,
this (3 -rant Agreement
is amended
to extend tyle
Grant Agreement end date,
in no event sball grant project
work, be aL1thO1'i7-Cd
past EPA's
319(h) 2015 Grant
end date of Septell1ber
30, 2019 regardless of",hether
it is rant -funded or
inatch-fundcd
work.
$0
$400
Deliverable
Task or Deliverable.
Task Start Date
Task End Date
Deliverable Due
No.
Title
$26,500
Date/ Frequency
I
Design and Ilennifling
July 1, 2014
... . .. ...... ..
January 31, 2017
January 31, 2017
. . . . .............
2
Bidding and Contractor
July 1, 2014
Marcli 31, 2017
March 31, 2017
for Task 4
Selection ---
400
----- 111-111-1--
3
Construction
Upon Completion ol-Fasks
July 1, 2017
- -
July 1, 20�17
Total for Task 5
$0
1 and 2
$500
6
....... ......... 4
Q.APP
Upon Execution
July 31, 2017
July 31, 2017
Total for Task 6
------------- . ..... .
Draft. QAPP
. ......
$200
May 1, 2017
Contractual 'Services
Final QAPP
$500
July 31, 2017
..... . ....... 5
.
. . .....
Monitoring
...
Upon Completion of-ask4
August 1, 2018
August 1, 20118
6
Education
Upon Execution
August 1, 2018
August 1, 2018
6a
- -- ---- ------
Draft Education
. .. . .... .. ...... . ......
June 1, 2018
6b
1,"inal Education
-- -- ------
August 1, 2018
Final Report
Upon F"xecution
September 1,
September 1,
2018
2018
Draft I"inal Report
.......__.__....._.._m...._ ...-S—ep
July 1, 2018
-le- -rn-b, . - - -
Final Report
t er I
. ....... ...... . .
2018
Task
Category
Grant FunWing(R-9
Mat&
No.
Grant
Contractual Services
$0
$37,100
Total for Task 1
$0
$3x,100 -
2
Contractual Senrices
$0
$400
notal for Task 2
$o
Contractual Services
$9�8,400
$26,500
3
Total for Task 3
8,466
---§�6,500
4
Contractual Services
:brutal
$0
$400
...... . ... ---
for Task 4
--- - ---- - --------- - $0
400
5
Contractual Services
$0
$500
..... . ........
Total for Task 5
$0
$500
6
Contractual Services
.. . .. . ..... $0
. .....
.... .. $200
Total for Task 6
$0
$200
7
Contractual 'Services
$0
$500
Total for Task
so
$500
$98140F)m.
m.$65,600
DEP Agreement No. 1°6'012, Attachrrient A, Page 5 of 11
PROJECTBUTIDSET SUMMARY: Cost reimbursable grant finding must not exceed the category totals
for the project as indicated below, Match funding shall be provided in the categories indicated below.
REMAINDER F PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No, NFO 12, Attachment A, Page 6 of I I
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9
DEP Agreement No, NFOI 2, Attachment A, Page 8, of'] I
DEP Agreement No. NFO 12, Attachnieni A, Page 9 of'] I
DE13 Agreement No. NF012, Attachincril A, Page 10 of 11
I
m
I
DF T Agreement No, NF012, Attachment A, Page I I of I I
14
FLYMATNUOTMUMI
PAYMENTREQUES'J'SUMMARY FORM
Payment Request No, DEP Agreement No. 11 11 -11 -111-1 Date
performance Period (Start date - End date ):
Deliverables completed to support payment request (attach additional pages as needed):
Tas,k/Deliverable 'Task Budget
Number(s): Arnounc S
Grantee:
(Name & Mailing
Address)
Grantee Contact:
(Yan'le & Phone)
QRAN'r EXPENDITURES SUMMARY 5,'LCTjQ
TOTAL
TOTAL
CUMULATIVE
MATCHING FUNDS
CUMULATIVE
CATEGORYOFE]XPENDITURE
:F
AMOUNTOFTIUS
PAYMENT
FOR THIS
MATCHING
,e
(As authorized
IST
L
...EE2.UFST.
FUNDS
Satarie&/Nklages
$
Fringe Benefits
S
$
Indirect, Cost
S
Contractual (Subcontractors)
$
Travel
$
$
Equipment (Direct Purchases)
Rental/Lease of Equipment
$
$
Misceflancous/Other Expenses
Land Acquisition
TOTAL AMOUNT
$
$
$
"TO TALBUDGET
(A[ L TA,ICR)
Less Total Cumulative Payment
TOTAL REMAINING
$
L$
�tALL TA�.SKS
GIRANTEE CERTIFICATION
Complete Grantee's Certification of'Paymeni Request on
Page 2 to certify that, the amount being reqtwsted
for reirnbursernent
above was for• ilenis 4bat were charged to and utilized only for the above cited grant activities
U)EP Agreement No. N1`012, Attachment B, Page I of'5
Grantee's Certification of Payment Request
on behall'of
(Prirmt narne of Qrantees Grant Manager designated in the Agrrcelocrit)
do hereby cLTIi fy fo r
(Print narn e of Grantee)
DEP Agrencrrt No, and Payincrit Rcquest No that!
* The disbursenicat ainoixvil i"juested is for allowable costs fior the pnk€ect described in AttacInneirut A of the Agreernent
*
All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing,
the prqjw; such costs are docurnented by invoices or other appropriate docurnicniation as required in the Agreement
0 The Grantee has paid such costs under the terms and provisions Of contracts relating directly to the prcrject; and the Grantm is nor in
default of tarry, terms or provisions of die contracts,
Check al/ Mat czppv.-
0 All pertnits and approvals requirecl for ihe construction, which is undcrway, have bcen obtained,
El ConsMcnc)n tip to the Ivint cif t€ disbursernent is in compliance with the oonstruction PIXis and permits,
0 The 6ratitec's Grant Manager relied on certifications fro the folloming professionals that provided servicefor this project. during
the time, period covered by this Certification of'Payrnern Request" and such certifications are included:
Professional Service Provider (NaTric / License No.) period ofService (rnirriddlyy . mni/dd/yA')
Granice's Grant Manager's Signivtore Grantee's Fiscal Agent Signature
Print Name Print Narne
Telephone N urn her f elephon e Number
DEP Agreenient No. NFOI 2, Attachment B, Page 2 of'5
INSTRUCTIONS FOR COMPLETING
PAY MENTREQU EST SUMM ARY FOR N1
PAYMENT REQUEST NO.: This Is the number o(youir payment request, not the quaner number.
DFP A,(",RV,FMENTNO.::
DATE: This is the, date that you, are submitting the payirient request.
PERFORMANCE PERIOD: This is the beginning and ending date of" the perhernrance period for the 1 ask,DeliverAlc that the request is foT (this must be
",fthim the thin0ineshown for the Task/Deliverable in the Agreement).
TASK/DFLIVERABLE NO.z Identify the number of the Task/Defiverable that your are requesting payment toy and/or claiming match for (must agree with the
current Grin I WoTk Plan) Mae: It'payrnent request Includes more than one Task/T)cliverable, additional pages should idenrily each Task/Defiverrible Number, its
corresponding, budget amount, and the arriourul requested.
TASK BUDGET AMOIJNT:: List the Task budget amount as identified in the Grant Work Plan for the conesponchng TaskOelverabk. Note: Lf payment
request includes more than one Task/Defiverable, additional Pages should identify each Task/Deliverable Number, its. corrcsponding budget atroum, and the
amoturt requested
GRANTEE: Enter the name ofthe Granice's agency and the address to which you a%=I the state warrant sent,
GRANTEE CONTACT: Lim the riante and telephone nurnber for the Giamcc',,, grant manager orothm point ofconmci regarding the payment icqturst submittal
GRANT EXPENDITURES SUMMARYSECTION.
"AL10Uj U—PUMITS HIA �IEST" LOLUMN: Enter by authorised category ofexpenditure the, anunint for which you ate requesting tinniturqemenr for tIms
task. This tnuirl agree with the currently approved budget in the cum-ent Grant Work Plan of yotngiant .agreement, Do not claim expenses in a budget category
that does nw have au approved budget. Do not clahn items that are net specifically identified in the current Giant Work Plan, Enter the column lotal on thv
'701AL AA10U.,V7... line, Enter the arriouril of Tasks on the "TOML BUDGET (ALL TASKS) " line, Elmer the total cumulative arriouril of this request and all
previous pa)Trients on the "LESS TOTAI'r CUMULA77VP PAYMENIT REQUESTS Of"' line. Deduct the "LFSS TOTAL CUMULATIVE PAYMENT REQUFSn'
OF" froin The '707A4L BUDGET(ALL YASKS) " for the amourd to enter an the "TOT,41, REMAINING (ALL TASKS) " line.
"F()'FAL CVMVLA:ELVL_PAVAIFNT fflf,91JLST, QLUNIN� Erder The curnmative,arnounts that hast bucn requested to date (by reimbursement by budget
category, I he final request should show the U)Uil Of all MqUeSIS( first through the final request (this ainoumt cannot exceed the approved budget amount tor that
budget category for the Task(,,) you are reporting on). Enter the colunin total on the ""107A7. 11AYMENT filh'QUESI "' Hine. Do not eater anyth Ing In the shaded
area,%.
!21-4�Y—(,RLNJ� LU—,NDS" j,0LLJJS1Ni Enter the amount to be claimed as match for the performance liefrod for the'l ask(s) you are reporting on ']'his needs to Ix
shown under spocitic budget categories according to the currently approved Grant Work. plan Enter the total on the "TOTAI 4410UNT" lin(,, flor this cohmnm
Enter, the match budget amount, on the `7707AL BUDGET (ALL, 7ASKS) " line f0rthiS CCAUmn. Enter llu,total cumulative au amw of this and ariy previous match
claimed on the 707AL CUMULAHVL' 11A)MENTS OF" line for 11fis cohnnii Deduct the "LESS 107AL CUMVIIIATWE IIAYMENTS OF" Rom itte
`707AL BUDGET{ALL 7A KS) " for the amount U) enter On the "TOTAL REMAINING (AU KXSKS)" line
N(T Enter the cumulative amounts you have claimed to date; far ruatch by budget calegury pw the
total of all on the line fliled "70TAL Aril MfV7'REQt1fiVjr ', The final request should show the total oaf all claims, first claim through the final claim, Mr DO 1101'
enter anything In the shuded areus.
C'HAJ,`JLL— Kj,'R'HVICATI�)N: Check all boxes that apply. Identify any licensed professional sc7vrCe providers that certified work or scrvi"s complewd
----------- _
during the penod included in the request for Payment. Nfutel be signed by both the Grantee's Grant Manager as, Ideniffied in the grant agreenuent and the
Grantee's FiseM Agent;
Documentation for match claims must meet the same requirements as those expenditures for r6rabursenuent.
I)EP Agreement No. NFD 12, Attachment B, Page 3 of 5
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Instructions for (,ompleting Request for Payment - Part 11
Include the (3rantee Name, Payment Request No,, and DEP Agreement Number. List vendor invoices that are associated
with the Project by T'ask/Deliverable.
I Invoice Amount: Amount of Invoice being submitted for reimbursement,
2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee.
Requested Amount: Subtract Grantee's 1,ocal Share or Other Funding or Amount Not Requested (2) from Invoice
3 Antount (1),
Deliverable Number: Must identify completed deliverable(s) for each invoice, If invoice covers multiple
deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not
4 applicable to that Task/Deliverable identified under (2).
Submittal Instructions
Instructions for E -mailing.
The program now accepts reimbursement requests electronically. When scanning please be Sure that the rninimuni scan
resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also
send a hard copy by postal mail. You should anticipate a response from Program staff within 2 business days.
Remit Payment Request by E-mail to the Department's Grant Manager
Re sure the E-mail payment request includes the followingW
Sub.iecl; Ilr�gjeciNuinber.-DisbLi�i'semetit Number'. example- 1..,11141725 Disb 1
Attachments:
1) Attachment B Pa)rnient Request Summary
2) Request for payment Pail 11 Reimbursement.Delail
3) Copies of invoices
4) Other supporting documentation, as needLd
For questions or concerns regarding these forms or if you would like the payment request fornis listed above in
electronic format please, contact the Department's Grant Manager.
1.)EP Agreement No. N FO 12, Attachment B, Page 5 of 5
ATTACHMENT C
�Wl 21 MOM#] 9 4 .0 70119, L r it
FOR COOPERATIVE AGREEMENTS OR OTHER FEDERAL FINANCIAL ASSISTANCE WHERE THE COMBINED TOTAL OF FUNDS BUDGETED FOR PROCURING SUPPLIES,
EQUIPMENT, CONSTRUCTION OR SERVICES EXCEED $150,000.
PART 1: PLEASE: REVIEW INSTRUCTIONS BEFORE COMPLETING
1A. FEDERAL FISCAL YEAR (Oct I- Sep 30) 113. REPORI TYPE
20 [:]Annual E]Last Report jProjvct sornpleted)
IC: REVISION OF A PRlOR YEAR REPORT? ONC, OYes, Year
. .. ........
lr YES, BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING:
2.A. EPA FINANCIALASS61ANCE OFFCE ADDRESS (ATTIN: DBE COORMNATOR) 3A RECIPIENT NAME AND ADDRESS
2B. EPA DBE COORDINATOR
3B. RECINENT REPORTING CONTACT
Name:
Name:
Ernall:
Address:
Phone:
Phone:
Fax,:
Email;
4,4. rl NAN C i AL ASSISTANCE AGREEMENT i D NL MB I, R 4B FEDERAL FINANCALASSTS TANCE PROGRAM 7tTLE ORCFDA NUMBER:
(SRF State Redprents, refer to instructions for Completion of blocks 4A, SA and 5C)
5A TOTAL ASSISTANCE AGREEMENT AMOUNT SE. If NO procurennents and NO accomphshrnents were made this reporting
EPA Share: $ period (by the recipients,, sub -recipients, loan reciprents, and prirrie contractors),
CHECK and SKIP to Mock No. 7 (Procurements are all expencilturesVirouGh
Recipient Share: - — ----- contract, order, purchase, lease or darter of supplies, equilurnent, construction,
or services needed to complete Federal assistance programs:. Accomplishments,
N/A ISRF Recipient) in this context, are procurements rnade with MBEs and/or W'BEs.)
5C Totall PrOCUrerrients T r his Reporting Period (Only include anicunt not reported In any prior reporting period)
Total Procurement Amount $
(Include tolaii dollar values awarded by redipient, sub-reciplents and SRF loan recipients, including MBE/WBE exipevdftures.y
5D Were sub -awards Issued untrer thisassilstance agreement? YesD No,
Were contracts Issued under this assistance agrcempnt? Yes,'_ No_ „
51- MBE/WBE Accompiishrnents This Reporting Period
ActuM MBE/WBE Procurement Accorniniished ilriclude total dollar values awarded by recipient, sub -recipients, SRF loan recipents and Prune Contractiors
Construction Equipment Services Supphes Total
$MBE:0,00
. ....... . . . . ....
....... ......
$'W BE: U0
6. COMMENTS! (If no NIBE/WBEprocurernents, please summarize how certified MBE:s/WBEs were notified of the opportunities to compete for the procurement dollars
entered in Block 5,C and whit certified MG[s /WBEs were nor awarded any procurements during this reporting period,(
7. NAME 01' RECIPIENT'S AUTHO"ZE0 REPRESENTATIVE TiTLV
S. SIGNATURE OF RECIPIENT'S AUTHORIZED REPRESENTATIVE CAlf
EPA FORM 5700-52A available electronically at Ntp-11 .Pia uov1Q§bfVPdfs/6700., 52a.P.Of
DEP Agreement No, NF012 A iltaichinent C, Page I of 7
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MBE/WBE utillization is based on 40 CFR Part 33;.
The reporting requirement reflects the class,
deviation issued! on November 8, 2013, clarified on
January 9, 2014 and modified on December 2,
20,14, EPA Form 570iO-i52A must be completed
a!ninually by recipients of financial assistance
agreements where the combined total of funds
budgeted for procuring suppliles, equipment,
construction orsiervices exceeds $150,000.This
reporting requirement applies to all new and
existing awards and voids all previous reporting
requirements,,
In determining whether the $15,0,0100 threshold
is exceeded for a particular assistance
agreement, the analysis must focus on fundis
budgeted for procurement under the supplies,
equipment, coin struct io n, services or "other'
Cate curries, and include funds budgeted for
procurement under sub. -awards or loans
Reporting will' also !be required in cases where the
4et',�ils opf t�e
clear at the time of the grant awards and the
combined total: of the procurement and sub
awards and/or loans excee�ds the $150,,OiOO
threshoid.
When reporting is required, all procurement
actions, are reportable, not just the portion which,
exceeds S150,000,
[EMU MM]MMERMINgol
DEP Agreemeril No. NF'012 Attachment C, Page 3 of 7
irne of awarl, e COM I
budgeted for procurements, in any category is less
•
the threshold, no DBE report is req�uired to be
siubimitted.
•
Last reports are due October 301" or 90 days after
the end of the project period, whiichever comes
first.
MBE/WBEr program requirements, including
1•-1 W"""* yovMd-M�F46M
financial assistance aigreement,
order, purchase, lease or barter of supplies,
equipment, construction or services needed to
accomplish Federal assistance programs.
recipient and another party (also consWered
fi prime contracts") and any lower tier agreement
(also considered "Subcontracts") for equipment,
services, supplies, oir construction necessary to
complete the project, This definition excludes
written agreements with another plubilic agency,
This definition includes personal aind professional
services, agreements with consultants, and
purchase orders.
A faar"car,.rsfrrsrter rise ii
is a bLISineSS
concern that is (1) at least 51 percent owned by
one or more minority individuals, or, in the case of
a publicly owned business, at least 51 percent of
the stock is owned by one of more minoffty
individuals, and (2) whose daily business
operations are imanalged and directed by one or
more of the minority owners. In order to qua Iffy
for EPA recipients under EPA's DBE Program, an
CFR Part 33, Subpart B.
U,S. citizenship is required. Recipients shall
presume that minority individuals include Black
Asian Paicific Americans, or other groups whose
members are found to be disadvantaged by the
Smali Business Act or by the Secretary of
Commerce under section 5 of Executive order,
11625The reporting contact at EPA can provide
A womon bup LtseL
WBE
I is a business
concern that is, (1) at least 51 percent owned by
one or more, women, or, in the case of a publicly
owned business, at l�east 51 percent of the stock is
owned by one or more women and (2),whose claily
business operations are managed and directed by
one or more of the women owners, In order to
qualify and participate as a WBE prime or
subcontractor for EPA recipients under EPA's DBE
Progerly certified as
required by 40 CIFR Part 33, Subpart B,
Business firms which, are 51 percent owned by
minorities or women;, but are in fact not managed
and operated by minorities or females do not
qualify for meeting MBE/WBE procurement goals.
U.S. Citizenship is required.
A recipiient is required to make the fohowing good
faith efforts whenever procuring construction,
equipment, services, and supplies under, an EPA
financial assistance, agreement, These good faith
DEP Agreenmit No, NF012 Attachment C, Page 4 of
effort�s for utilizing MBEs and WBEs must be
iocumentled. Such documentation is subject im
EPA review upon request:
1Ensure DBEs are made aware of contracting
opportunities to the fullest extent practicable;
through outreach and recruitment act�ivities,,
For Indian Tribal, State and Local and
Government recipients, this will include placing
DBEs on solicitation lists andso[iciting them
whenever they are potential sources,
HM= -
opportunities available to DBEs and arrange
way that encourages and facilitates
participation by DBEs in the competitive
process, This includes, whenever possibie,
plosting solicitatioa
proposal closing date,
Consider in the contracting process whether
firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State
and local Government recipients, this will
include dividing total requirements when
economically feasible into smalier tasks or,
quantities to permit maximurn participation by
DBEs in the competitive process,
4. Encourage contracting with a consortium of
Ms when a contract is too large for one of
these fr irms to handle individually.
E. Use the services and assistance of the SEA and
the Minority Business Development, Agency of
the Department of Commerce.
6. If the prime contractor awards subcontracts,
require the prime contractor to take the steps
in paragraphs (a) through (e) of this section,.
MIGNUIRMIMM,
1A. Specify Feclerai fiscal year this report covers.
The Federal fiscal year runs frorn October 1st
through September 30th (e.g. Novernber 29, 2014
falls within F'eferal fiscal year 2015)
1B. Specify report type, Check the annual
reporting box. Also indicate if the project is
completed.
M Indicate if this is a revision to a previous year
,and provide a brief description of the revision you
are making.
The "EPA DBE Reporting Contact" is the DBE
Coordinator for the EPA Region from which your
financial assistance &,reemien w to I:nr
a list of DBE Coordinators please re,fer to the EPA
OSBP website at ht,tp://epa-golv/osbp/dbe_cord,
3A -,B. identify the agency, state authority,
university or other organization which is the
recipient of the Federal financial assistance and the
person to contact concerning this report.
4A, Provide the Assistance Agreement number
assigned by EPA, A separate report must be
submitted for each Assistance Agreement,,
*For SRF recipients., in box 4a list numbers for ALL
OPEN Assistance Agreements being reported on
this, form,
4B., Refer back to Assistance Agreement
document for this information,
DEP Agreernenr No. NFO 12, Attachment C. Page 5 cA'7
5X Provide the total amount of the Assistance
Agreement which includes Federal funds pluis
recipielnt matching funds anid funds: from other
sources,
*For SRF recipients only: SRF recipients will not
enter an amount in 5a. SRF recipients should check
the "N/A" box.
5B, Self-explanatory,
5C. Provide the total dollar amount of ALL
recipiJent, subi-riecipient�s, and SRF loan reciiplients,
including MBE/WBE expen�ditu res, not just the
portion which exceeds $:150,000. For example:
Actual doilars for [yrocurement from the jtrocurin,
office; actual contracts let from t�he contracts
office; actual goods, services, supplies, etc., from
other sources including the central purchasing/
procurement centers), i
*NOTE: To prevent double coiunting on line 5C, if
any amount on 5E is for a subcontract and the
prime contract has already been included on Line,
5C i�n a prior reporting penod, then report the
amount going to MBiE or WBE subcontractor"on
line 5E, but exclude, the arnount from Line 5C. To
indlUde the amount on 5C again would result �n
double counting because the prime contract, which
includes the subcontract, would have already been
reported,
*For SRF recipients only,, In 5c please enter the
total annual procurement amount under all of your
SRF Assistance Agreements. The figure reported in
this section is not directly tied to an individual
Assistance Agreement identification number, (SRF
state recipients report state procurements in this
section)
"This data is requested to egulations (40 CFR Parts 30, 31, and
33 and/or 2 CFR Parts 2001 and 1500); OMB Circullars; or added by EPA to ensure sound and effective assistance
management, Accurate, complete data are required to obtain funding, while no pledge of confidentiality
provided,
The pub!lic reporting and recording burden for, this collection of information is esflmated to average i hour per
response annually, Burden means the total time, effort, or financial resources, expended by persons to
generate, maintain, retain, or disclosure or provide information to or for a Federal ag�enicy, This includes the
time needed to review instructions; develo�p�, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information, processing and maintaMing information, and
id&fosing and providing, information; adphcable
�nstructions and requirements; train personnel to be able to respond to a collection of information; search data
sources; complete and review the coillection of information; and traose the
�nformatJon, An agency may not conduct or sponsor, and a person is not required to respond to, a collect�ion of
information unless 'it displays a currently valid OMB control number,
Send comments on the Agency's need for this information, the accuracy of the providden estimates, and
any suggested methods for minimizing respondent burden, including through the use of automated collection
t e c h n i
1.200 Pennsylvania Avenue, NW, Washington, D.0 20460. Include the OMB Control number in any
correspondence. Do not send the completed form to this address.
DEP Agreement No, NFO 12, Attachment C, Page 7 of 7
ATTACHMENI'D
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
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 fof 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 ofdocumentation should clearly reflect the dates Of'Sel-ViCC. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples; of the types, of documentation representing the minimij in requirements:
(I ) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe bene5ts, other deductions and net pay. If all
individual for whom reimbursernent is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pays will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the arnount paid on behalf of
the employee (e.g., insurar)CC premiums paid). If the contract specifically states that
ftinge 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 musa be in accordance with Section 112.061, 11orida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic rneans.
(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 tile transfier of
the property to the State when services are terminated. Documentation inust be provided
to show compliance with Depaninent of Management Services Role 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 tile State,
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed oil 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.
Contracts between state agencies, and or contracts between universities may snbrnit alternative documentation to
substantiate the teirnbursemeru request that may be in the form of FLAIR reports or other detailed reports,
]"he Florida Department of financial Services, online Reference Guide for State Expenditures can be found at this
web address: iliti,lp://rA/ww.flcif,-,.cc)iii/aadif/reference gqide.litill
DE -P Agreement No, NFQ1 2, Attachment D, Page I of 1
ATTACHMENT E
RKE_Areement iso.:
Grantee Name:
Grantee Address:
Grantee's Grant Mana
Pry ct Nuinliq and Title :
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan. a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan,
The
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
1"his report is submitted in accordance with the reporting requirements of DEP Agreement No.
NFOI 2 and accurately reflects, the activities associated with the project.
Signature ot'Granices Grant Manager
DEP Agreement No NFOI 2, Attachment E, Page I of I
Date
ATTACITMENTF
SPECIAL AUDIT REQUIREMENTS
The zdniinistration of resources awarded by the Department of Environmental Protection (K"hich njoy he referred to
as the "Depariment", "DEP", 7,DEI1" or "Grantor", or other name in. the eontractlagreement) to the recipient
(which rna.)) be referred to aas the "Contractor", Grantee" or other- name in the contraer/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, andJor 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, oi-
audits deemed necessary by the Chief Financial Officer or Auditor General.
am"
PART]. FEDERALLY FUNDED
This pail is applicable if the recipient is a State or local goverritnent ora 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 DMB Circular
M 33, as revised, EXIIIBIT I to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In detennining 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 deten-nination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-] 33,, 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 auditec, 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 net 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 (CFT)A) via
the internet at Lqo;a ;4§.245.173/efda/cfdajitml,
DEP Agreement No Nf'01 2, Attachment F, Page I of 5
PARTIJ: STATE FUNDED
This part is applicable if time recipient is, a nonstate entity as defined by Section 215.97(2)(ni)., Horida 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 pro.ject-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes,- applicable rules o,f the Department
ofFinancial SeV-%dreS; and Chapters 10.550 (local governniental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of' the Auditor General, EXHIBIT I it) tlris Attachment indicates state financial
assistance awarded through the Dcpartra®rnt of Environmental Protection by this Agreerrienl. In
deteritlining the state financial assistance expended iri its fiscal year, the recipient shall consider all sources
of slate financial assistance, including state financial assistance received from the Department of
Environmental Proteclion, 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.
In connection with the auidit requirenients addressed in Part 11, paragraph 1; tire recipient shall ensure, that
the audit comphes with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of' a financial reporting package as defined by Section 215,9/(2)1, Florida Statutes, and Chapters 10.55�0
(local governmental entities) or 10.650 (nonpr-ofit and for-profit organizations), Rules of the Auditor
General.
3, If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the, event that the
recipient expends less than $500,,000 in slate financial assistance in its Fiscal year, and elects to have an
audit con6eted in accordance with the, provisions of Section 21.5,97, 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 inust be paid ftorn the
recipient's resources obtained from other than Stale entities),
4� For information regarding the Florida Catalog of State Financial Assistance (CS1`A), a recipient should
access the Florida Single Audit Act revebsfte Located at ht )s;
for assistance,. In
addition to the above websites, the following websites may be accessed 150T information: Legislature's
Website at t M11 /Ww gL2, t4lgjj�qs/Welcornej e fin
-122—nd xc State of Florida's website at
Department of Financial Services' Website at httjp,-Hww", and the
Auditor General's Website at
PAR] III: OTHER AUDIT REQUIREMENTS
(VO71': 7his part would be used to sj)ee�fiy arey addidanai audit requirements imposed �y the Stare awarding enfirt
that are .solely a matter raj thafState awarding entio,,spolicy (i.e_ the audit is, not requiredb), Fetieral or Stone lev�'Is
and is not in confliet with other P'ederal ot, Slate audif requirements). Pursuant to Section 215.970), 'Horida
.Siatwes, State agencies may conduct or arrangefir audits of'Stan2financial assistance that ore in addition to audits
conducle,d in accordance with Section 215, 97, fi'lorida Stalutes�A such, an event, the State awarefing agency wisest
arrange,forfiinding thefiX cost of'such additional audits,)
PART IV: REPORT SLBMISSION
Copies of reporting packages for audits coriducted! in accordance with ('1 d13 Circular A-133, as revised, and
required by PAM' I of this Attachment shall be submitted. when required by Section .320 (d), OMIB
Circular A-133, as revised, by or on behalf of the recipient direcLly to each of the following:
DEP Agreement No, NFO 12, Attachment F, Page 2 of5
A. 'The Department of Environmental Protection at one of the ft)llowing addresses:
By Mail:
Audit Director
Florida Deparimeni of Environmental Protection
Office of the Inspector Gcncral, MS 40
3900 Commonwealth BOLdevard
Tallahassee, Florida 32399-3000
Electronically:
i.slate.fl.us
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), ONIB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghousse
Bureau of the Census
1201 East 10th Street
Jeffersonville, I' 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can.
be found at
COther Federal agencies and pass-through entities in accordance with Sections .320 (e) and (1),
OMB Circular A-133, as revised,
2. Pursuant to Seetiou 320(f), OMB Circular A 133, &,; revised, the T-eCipieDt shall submit a copy of the
reporting package described iTi Section 320(c), OMB Circular A-133, as revised, and array management
letters issued by the auditor, to the Depw1mcnt (if Environmental Protection at one the following addresses:
Him
Audit Director
Florida Deparonent of Environmental Protection
Office of the Inspector General, MS 40
39'00 Commonwealth Boulevard
T allahassee, Florida 32399-3000
Electronically:
.us
Copies cal' financial reporting packages required by PART 11 of this Attacluirent shall besubinitted by or on
behalf" of` the recipient d.JrcctLY, to each of the following:
A. The Department Of EnViMnnlelltal Protection at one of the ft,)Ilowing, addresses:
Audit Director
Florida Department of EnvironmenW ]protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32,399-3000
Electronically:
t,.'QjjIngle dt(q-d11-1le u ji ,e).statc.us
I- ,.-A– 111.1—. ff—...
DEP Ag,eement No, NYO 12, Attachment F., Page 3 of 5
E. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
I I I West, Madison Street
Tallahassee, Florida 32399-1450
4, Copies of reports or management letters required by PART Ill of this AttacInticni shall be subinitted by or -
on b�elialf ofthe recipient AiLrsgtjy. to the Department of Environmerrial Protection at Forme of the following,
addresses:
By Mail:
Audit Director
Florida Department ofEnviroritnental Protection
Office of the Inspector General,, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
EDE, R5k,0 eALi Li !'L_k_)_sLatqffl . _11s
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 govertunental 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 I.,Mvironniental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 1.0.6510 (nonprofit and for-pro,51 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 9
period of 5 years frorn 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 o1`3 years frorn the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection,
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agrecinerit No. NFO 12, Attachment F, Page 4 of
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ATTACHMEN11 T OMB Control No. 2030-0020
41
."t Approval expires 0613012017 United States
ENVIRONMENTAL PROTECTION AGENCY
Washington, DC 20460
LOBBYING AND LITIGATION CERTIFICATION FOR GRAN'rs
INSTRUCTIONS:
*At project completion, complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban
Development, and Independent Appropriations Act, Public Law 106-377, Section 424 and 2000 Department of Veterans
Affairs and Housing and Urban Development, and Independent Appropriations Act, Public haw 106-74, Section 426 and
any other subsequent Appropriation Act requirements.
Please mail this form to your E13A Grant Specialist within 90 days of project cornplelion, DO NOT send this inforniation
to the Office of Management & Budget.
Assistance Agreement Number(s):
I hereby certify that none of these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized under existing law.
Signature of the ChiefExecutive Officer Dale
Print Name
Statement - The annual public reporting and record keeping burden for this collection of information is estimated to average 5 minutes per
respondent, Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose tar provide
information to or for a Federal agency, This includes the time needed to review instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing
intbrmation; adjust the existing ways to comply will -i an), previously applicable instructions and requirements; trainpersonrid to be abte to respond to
a collection of information; %catch data sources; complete and reviov the collection ofitubrination; and transmit or otherwise disclose the
m1birnration. An agency inay not conduct or sponsor. and a person is not required to respond to , a C011CCti011 OfillfOrDlati0a Unless it diSphiys a
currently valid OMB control number, The O,NIB control numbers for El"A's regulations We listed in 40 CFR Part 9 and 48 CFR Chapter t5.
Sendcomments on the Agency's need for this infornimion, the accuracy of the provided burden estimates, and any SUgL-WMCd rneth0d'.3 for
ininitnizing respondent burden, including through the use of automated collection techniques to flic Director. lZeg'Walor), information Division, U.S.
Environmental Protection Agency. Ariet Rios Building, 1200 Pennsylvania Avenue, N, W. Mail Code 3213A, Washington, :fed:; 20460; and to the
Of of Information and Regulatory All"airs, Office of'Managernent and Budget, 725 17,hStre:et, N.W., Washungton, DC 20503, Attention: Desk
Officer for EPA, Include the EPA ICR number and OMB corftol number in any correspondence.
EPA Form 5700.53 (Rev. 0612014)
DEP Agreetnent No.NFOI 2, Attachment H, Page 1 of 1
ATTACHMENTI
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E,O) 11246, "Equal Employment Opportunity," as amended by E,0.
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 IJ.S.074 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 US.C. 874),
as supplemented by Department of Labor regulations (29 CFR pail 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Pail 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. 276�a t�o a-7) -"when required by Federal program
legislation, all construction contracts awarded by the recipients and subTecipients 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 reg-alations (29 CFR pail 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 minimurn 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. 'Fhe recipient
shall place a copy ofthe current prevailing wage determination issued by the Department of Labor
in each solicitation and the: award of a contract shall be conditioned upon [lie 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 astandard 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 112 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 re-quired to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous, These requirements do not apply to the purchases ol'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 imlention in accordance with 37 CFR part
401, "Rights to Inventlons Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreernents," and any implementing regulations
issued by the awarding agency,
DEP Agreement No. N r FO 12, Attachment 1, Page I o(A
Cg. Clean Air Act (42 U&C. 7401 cl 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 $10101,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, Orders Or MgtllatiOuS issued pursuant to the Clean Air Act (42 U.S.C.". 7401 et seq.) and
the Federal Water Pollution Control Aic,,, as amended (33 US.C. 1251 et, seq,). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (FPA).
T Byrd Anti-lLobbying 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 appTOpriated 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 it)
connection with obtaining any Federal contract, grant or any other award covered by 31 11S.0
1352. Each tier shall also disclose any lobbying with non -Federal fonds that takes place in
connection with obtaining any Federal award, Such disclosures are forwarded firorn tier to tier up
to the recipient
8. Debarment and Suspension (E.Os 12549 and 12689) - No contract shall be made to parties
listed on the, General Services Administration's List of Parties Excluded frorn Federal Procurement
or Nonprocurernent Programs in accordance with E.O.s 12549 and 12689, "Debannent 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 exclusionstatus 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(c) of' the Safe Drinking Water Act (42 U.S.C, 30010(e)) 'ontTacts and
subgraints of ainounts in excess of'$100,000 shah contain a provision that requires the recipient 1c)
agree to comply, with all applicable standards, orders or regulations issued pursuant to Section 5018!
of the Federal Water Pollution Control Act, as amended (33 US.C, 1368) and Section 1424(c) of
the Safe. Diinking Water Act (42 U.SX'l , 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 nondiscrimi nation - These include but are not
limited v (a) Title V1 of the CIvii Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of'sex; (b) Section 504 ofthe Rehabilitation Act of 1973, as amended
(29 U,S,C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Fris(Tirninalion 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.I.— 92.2 55), as
amended, relating to riondiscrionination on the basis of drug abuse(c) dreCornprehensive Alcohol
Abuse and Alcoholisin Prevention, Treatment and Rehabilitation Act of' 1970 (Pdl-11 91-616), as
arriended, relating to nondiscrimination on (lie basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 US.C, 290 dd-3 and 2901 ee-3), as
amended, relating to confidentiality of alcohol and d1'Ug abuse patient records; (g) Thle V111 of the
Civii Rights Act of 1968 (42 US.03601 el seq.), as amended, relating to nondiscrimination in
lire sale, rental or financing of housing; (h) any other nondiscrimination provisions, in the specific
statute(s) made; and, (i) the reqUircrnents of any other nondiscrimination slatuto(s) that may apply,
11, Compliance with the requirements of Titles 11 and III of the Uniform Relocation Assistance
and Real Properly Acquisition Policies Act of 1970 (P.L. 9.1-646) that provide for ra4` and
equitable treatment of persons displaced or whose propert-
y is acquired as a result of Federal or
federally assisted programs. These requirernents apply to all interests in real properly acquired for
project purposes regardless of'Federal participation in purchases,
12. Compliance with the provisions of the flaich Act (5 U.S.C. 1501 - 1508 and 7324 - 7328) that
limit the p0lifiCal activities of employces whose principal employrnem activities are, funded in
wirole or in, part with Federal funds,
DI'll Agreement No. NI"01 2, Attachment 1, Page 2 of 4
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 flot)4 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
pursuarit to E.O11738, (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 None Management Act of
1972 (16 US.C, 1451 et wq.),: (1) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 1'76(c) of the Clean Air Act of 1955, as amended (42 US.C.
7401 e( sect.); (g) protection of underground sources cif drinking water imder the Safe Drinking
Water Act of 11974, as amended (PI, 93-523); and (It) protection ofendangered species tinder the
Endangered Species Act of 1973, as arnended (P.L, 93-205).
15, Compliance with the Wild and Scenic Rivers Act of 1968 (16 SX'. 1,271 et seq.) related to
protecting cornponenis or potential components ofthe n,ationall wild and scenic rivers system,
16. Compliance with Section 1,06of 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 t7.S.C. 469fl-I 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 (7ompliance with the Laboratory Animal Welfare Act of 1966 (II.L. 89-544, as amended, 7
U.S.(". 2131 et seq.) pertaining to the care, handfing, and treatment of warm blooded animals held
for rescarch, teaching, or other activities supported by this Agreement,
M Compliance with the Lead.. sed Paint poisoning Prevention Act (42 U&C. 48011 et seq,) that
prohibits the use of lead-based paint in construction or rehabilitation of icsidencestructures,
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 l-,"nergy Policy and
Conservation Act (Pub, I_ 94-163, 89 Stat. 871).
21, Compliance with Geospatial Data Standards: must be met by the Grantee under this Agreement.
AH geospatial data crewed must be consistent with Federal Geographic Data Corninittee endorsed
standards. Information on these standards can be found at
22. Compliance with Nutrient INIanagement Plans, for Animal Feeding Operations is required
under this Grant and musthave and implement a nutrient managennent plan that: 1) provides and
maintains buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of
confined animals with waters of the United States; 4) addresses animal ntortality, 5) addresses
chemical disposal,- 6) addresses proper operation and maintenance.,- 7) addresses record keeping
and testing; 8) maintains proper storage capacity; and 9) addresses rate and timing, of land
application of ruanureand wastewater.
23. Compliance with the Drug Free Workplace Act, The recipient shall comply with the provisicnis
ofthe Drug -Free Workplace Act of 1988 (Public f.aw 100-690, Title V, Sec. 5153, as arnended by
Public Law 105-85, Div, A, Thle VIII, Sec, 809, as codified at 41 US.C. § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003, 68 FR 66534), Whielj re
,qtjre that the recipient take steps to provide a drug-free workplace.
24, Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR PlIrt 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 01 the Trafficking Victin,is Protection Act of` 2000 (TVPA), as amended (22 U,S
7104(g),
Dl. -,'p Agreement M.). NF012, Attachnieni 1, Page 3 of 4
25, Registrations and Identification Information, the Grantee agrees to maintain current
registration in the Central Contractor Registration (w�q[,gpy) System for Award Management
(SAM) at all themes during which they have active, project funded Nvith these funds, A, Dun and
Bradstreet Data Universal Numbering System (DUNS) Number is one of the
requirements for registration in the Central Contractor Registratiolt
26. 41 USC §4712, Pilot Program for Enhancement of Recipient and Subreciplent Employee
Wbistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and
shall be in effect until :January 1, 2017'.
(a)This award, related subawards, and related contracts over the simplified acquisition, threshold
and all employees working cu) this award, related subawards, and related contracts over the
simplified acquisition threshold are subject to the whistleblowet, rights and remedies in the pilot
program oil award rev pient ernployee whistleblower protections established at 41 I.Y.S.C. 4712 by
section 828 of the Natiorild Defense Authorization Act for Fiscal Year 2013 (P,I,, 112-239),
(b) Recipients, their subrecipients, and their contractors awarded contracts over the, simplified
acquisition threshold related to this award, shall inform their employees in wTiting, in the
predominant language ofthe workforce, of the employee whisileblowei rights and Protections
under 41 US.C. 4712.
(c)"I'lle recipient shall insert this clause, including this paragraph (c), in all subawards and in
contracts over the simplified acquisition threshold related to this award.
RJIMAINDER OF PAGE IN TE N'rION ALLY LEF'r BLANK
DEPAgreernerit No, NFO 12, Attachment 1, Page 4 of 4
ATTACHMENTJ
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 Subehapter A. Other EPA regulations also impact grant prograrns. The
following list contains regulations and Office of Management and Budget Circulars which may apply to
the workperl'ormed under this A ecment.
SubchuLer A - Cneneral
niforni relocation assistance and real proper�t�
y acquisition for federal and federally
assisted ro ,rams
TO CT. .. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by
EPA
40 C.F.R. 29, hitergovernmental review and activities
40 CT,R.- 30 Uniforni administrative requirements for grants and agreements with institutions of
higher educ o
ati n' hospitals and tither ilog izations
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DEP Agreement No. NFO 12, Attachment J, Page 1 of
ATTACHMENTK
QUALITY ASSURANCE REQUIREMENTS
I . All sampling and analyses performed under this Contract must coriforril to the requirements rernents, set forth in Chapter
62-160, Florida Administrative Code (F',A.C.) and "Requirements for Field and Analytical Work performed f6r
the Department of Environmental Protection under Contract", 2), February 2002.
2, LLABORATORIVS
a. The GRAN"IT ' 'E shall ensure that all standard laboratory testing activities are performed by laboratories
certified by the Florida Department of Health Environmental Laboratory Certification Program (Doll
ELC,P) for all applicable matrix/method/analyte combinations, to be measured, For non -potable water
matrix, the certification requirement is considered satisfied if the laboratory is certified for the contracted
analyte in at least one method that uses the: same analytical technology as the contract -proposed method.
b, If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall
apply for certification within one month of Contract execution. Within six months of Contract execution,
the laboratory shall be fully certified for all applicable matriyJmethod (or analytical technology)/analyte
combinations to be perforrned. Regardless of when the laboratory receives certification, the laboratory
must implement all applicable standards of the National EnViToru-nental 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 inetbod be lost, all affeelled tests shall be immediately sub-
contracted to a laboratory with Current Doll ELCP certification in the appropriate matrix/method./arialyte,
combination(s). The GRANTEE shall notify the DEP contract manager in writing before any change to a
sub -contracted laboratory is made,
d. A cop), of the Doll ELCP Certificate and the associated list of specific fields of accreditation for each
contracted or .sub -contracted laboratory shall be provided to the DEP contract manager upon Contract
execution or upon receiving DoH certification (see items 2.a and 2.b above),
e. The GRANTEE shall ensure that an acceptable initial demonstration of capability (IDOC), as described in
Appendix C of Chapter 5 of the NLAC Standards is performed. Each laboratory that performs any of the
E - -I
proposed matriximethod (or analytical technology)/analyte combination(s) inust have the requisite IDOC
documentation and supporting laboratory records. [DOCs shall be perforined and shall triect the contract
specified requirements for precision, accuracy, and the method detection limit (MDL) and/or practical
quantitation lirni1(PQL) before the test procedure is used to generate data for this Contract, If reqiiested by
the Department, documentation that supports the fDOC shall be made available for review.
f. When performance test samples are riot required by Do] I EL,CP for certification, the laboratory shall
obtain, analyze and CVah.Nite performance test samples, standard reference materials (SRM) or other
externally assayed quality control (CSC:) 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,
(J) These samples shall be analyzed at six-month intervals and the TeSUItS shall be wiflun the acceptaNe
range established by the QCC sample provider,
(iii) Before providing analytical services for this Contract, the laboratory must provide: to the DEP contract
manager the results of the QCC sample(s) and the associated acceptable range(s) as established by the
QCC sample provider, The submitted results must be from QCC samples [bat have been completed
within the previous six months prior to the submission date,
g. Any non-standard laboratory procedures or methods that are proposed for use those not approved by
DET 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 docurneirl (see Section 6).
h. The, GRANJEE shall ensure that Practical Quantitation Limits (PQI,$) and Method Detection Limits
(MDI.$) are listed in the plarining document (see Section 6).
i. 'The GRANITE shall ensure that the selected laboratory test methods listed in the planning, document call
provide results that ineet the Contract data quality objectives,
j, The GRANTEE shall ensure that all laboratory testing procedures f6ilow the analytical methods as
approved in the planning document (see Section 6).
DEP Agreement No, NF012, Attachment K, Page I of 5
k, The GRANTEE shall ensure that the all laboratory quality control measures for standard methods are
consistent with Chapter 5 of the NELAC standards.
1. In addition, the GRANTEE shall ensure that the quality control requirements specified in the attached
addenda are followed,
rn. The GRANTEE shall ensure that all sample results are calculatedi according to the procedures specified in
the analytical methods approved in the planning document,
3, xwwQ.w,DAcTiVITIES
a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract,
b, The GRANTEE shall ensure that all sample collection and field testing activities are performed in
accordance with applicable Department "Standard Operating Procedures for Field Activities" (PEP'-S,OP-
001/0'1, March 1, 2014). The specific standard operating procedures (SOPs:) to be used for this Contract
shall be cited in the planning document (see Section 6). S011's for field sample collection or testing not
included in the Department's, SOPs shall be included or cited in, the planning document.
c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager.
All non-standard procedures and methods must be approved by the DEP contract manager before arse under
this Contract and must be cited or described in the planning document,
cl. Per the quality control measures outlined in DEP SOP LQ_jLQO, the GRANTEE shall ensure that the
following field quality controls (and any additional quality control measures specified in the addenda) are
incorporated into the project design for applicable test methods:
(i) Matrix -Related Quality Controls -The GRANTEE shall ensure that the laboratory is provided with
sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates
or laboratory duplicates as follows:
(1) The first tirne a sample from a sample collection matrix (see Table FA 1000-1 in DEP SOP FA
,],.(1L10 � is collected;
(2) One in each additional 20 samples ofthe sample collection matrix, after the first 20 samples; and
(3) The last time samples are collected for the sample collection matrix.
(ii) Field -Generated Quality Control (QC) Blanks — Blanks associated with field activities as defined in
part F,Q 1210 of DEP SOP FQ 1000 shall be collected according to the requirements of part FO 1230.
(1) If an analyte detected it) the sample is also found in any field -generated QC blank thal is
associated with the sample, the GRANTEEshall investigate and attempt to determine the cause of
tile QC blank contamination. The outcome of this investigation sliall be reported and shall include
a discussion ofthe corrective measures taken to minimize future occurrences of QC blank
contamination.
(2) If an analyte detected in the sample is also found in any field -generated QC blank that is
associated with the sample, the GRANTEE shall ensure that the analyte in any affected sample is
reported as estimated ("Cl" data qualifier code, with a narrative explanation), unless the analyte
concentration in the, blank is :510% ofthe reported concentration in the associated sample,
4. WPQRTING, cit umrri'rat jt N AND RECORDs RETFNTION
a. The GRANTEE shall ensure that all laboratory and field records applicable to the Contract, as outlined in
Rules62-160.'N and ,34Q, F.A.C, are retained! for a minimum of five years after the generation or
-_ 0
completion of'records,
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 GRANTEE shall ensure that all laboratory reports for standard methods are issued it) accordance with
NELAC requirements, These reports shall be submitted to the DEP contract manager and shall include the
following information:
Laboratory sample identification (ID) and associated Field 117
V Analytical/tem method
Pararneter/analyte name
Analytical result (including dilution factor)
V Result unit
0 Applicable DEP Qualifiers per Table I of Chapter 62-160, FA,C.
0 Result contrilent(s) to include corrective/preventive actions taken for any failed QC measure (e.g.,
QC sample, calibration failure) or other problem related to tile analysis ofthe samples
Date and time of sample preparation (il"applicable)
DEP Agreement. No. N1`012, Atwachxncnt K, Page 2 of.5
Date and. time ofsample analysis
0 Results of laboratory verification of field preservation
o Sample matrix
0 DoE ELCP certification number for each laboratory (Must be associated with the test result(s)
generated by the laboratory)
MDL, Lob or other defined limit of detection
PQL, LOQ or other defined limit of quantification
Sample type (such as blank type, duplicate type)
0 Field and laboratory QC blank results:
Lzboratory QC blank analysis results as rcqurred by the method, NELA(.," Chapter 5 and
the planning document (see Section 6 below);
Field quality control results including 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)
0 Results of laboratory control sarnples, (I CS)
0 Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS,
duplicates, calibration verification) and the associated sample result(s)
0 Acceptance criteria used to evaluate each reported quality control measure
d, The GRANTEE shall ensure that the following field -related information is reported to the DEP contract
manager:
0 Site name and location information
Field ID for each sample container and the associated analytes (test inethods) for, which the
container was collected
0 Date and time of sample collection
0 Sample collection depth
0 Sample collection method identified by the DEP SOP number, where applicable
0 If performed, indicate samples that were filtered
0 Field test measurement results:
• DEP SOP number (F'f-series), where applicable
• Parameter name
• Result
• Result unit
• Applicable Data Qualifiers per Table I of Chapter 62-160, F,.A.C.
P N arrat i ve co innient s discussing correct i ve/preventi ve actions taken for any flailed Q(.", nicasu re
(e.g,, blank contamination.,, meter calibration failure, split sample results), unacceptable field
measurement or other problems related to the sampling event.
e, The Department reserves the right to request sorne or all of the laboratory or field information in a specified
format.
5, '1 lie GRANTEF shall subnut the data clectronically using the formal identified iii QAPP
6. AUDITS
a, AUDITS BYTIJI; DITARTMEN] -- Pursuant to Rule 62 - _16 " 0.650, FA,C, the Department may, conduct audits
of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite
audits, the GRANTEE, upon request by the Department, must provide all field and laboratory records
pertinent to the contracted field and laboratory activities. Han 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. Pt ANNNG lit VIEw AUDITS -
(i) Initial: Prior to the completion of the sampling and analysis events and after the second completed
sampling and analysis event but no later than fourth, the GRANTEE and all associated subGRANTEEs
shall review the plamung document (see Section 6 below) relative to the completed field and
laboratory activities to determine ifthe data quality objectives are being met, identify any
improvernents to be made to the process, and refine the sampling and/or analytical design or schedule.
Within one month of the review, a surrunary of the review, including any corrective action plans of
DEP Agreement No. NFO 12, AttilChinernt K, Page 3 of 5
amendments to the plamiing document, shall be sent to the DEP contract manager and a copy shall be
rnaintained with the permanent project records.
(n) ()Dggrog;
ing� Planning reviews as described in item (i) above shall occur annually., if applicable,
C� QUALITY SYSIEM� AUDITS -- The GRANTEE and all subGRANTEEs shall ensure that any required
laboratory and field quality, system audits are performed according to the respective quality manuals or
other relevant internal quality assurance documents for each contracted and sub -contracted entity. These
audits shall be documented in the GRAN fF's and subcontractors' records.
d, Sl ATEMter ] S 0t' 1.)SABILYTY - As a pail of the audit process and the final report, the GRANTEE shall
provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality
Indicators specified in the planning document, this attachmerit and the addenda.
(i) The GRANTEE shall ensure that all applicable data quality acceptance and usability criteria are listed
in the planning document,
(it) 'rhe GRANTT ',E, shall ensure that the results of all quality control MeaSUTeS are, evaluated according to
the acceptance criteria listed in the planning document GRANTEE.
(iii) The GRANTEE shall ensure that all sample resultsare evaluated according to all applicable usability
criteria specified in the planning docurnent,
NAN
.NiN g Docum ENT
a,. The GRANTEE shall submit the planning document identified below to the DEP contract manager no later
than 120 days prior to the commencement of field and laboratory activities, Failure to submit the planning
document in this required timeframe shall result in a delay of approval to begin work until the document
has been submitted to the Department and approved by the DEP contract manager, The document shall be
submitted as a Quality Assurance Project Plan (QAPP). The platy shall be consistent with the EPA
Document EPA-QAIR-5, EPA Requirements for Quality Assurance Project Plans, dated March 2001,
b, The GRANTEE and subGRANTEEs may submit a version of the planning document to the Department for
approval no more than threetirnes. If the GRANTEE fails to obtain approval for the planning docurnent
afier the third (final) submission to the I)epartment., the he DEP contract manager may suspend or tormiriate,
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 dOCUrnent by the Department, the Department
shall reviemp and either approve the planning document or provide comments W the GRANTEE and
affected subGRAN'TEEs as to why the, planning document is not approved, If further revisions are treeded,
the GRANTEE shall then have fifteen, (1 S) 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,
tl. It'die review ofthe planning document by the Department is delayed, through no fault of the GRANTEE,
beyond sixty (Ci Ci) days after the planning docurnent is received by the Departnicilit, the GRANTEE shall
have the option, after the planning docurnent 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 C'ontr'act.
e. Work may not begin for specific Contract tasks until approval (or conditional approval) has been received
by the GRANTEE from the DEP contract manager. Sampling and analysis for the Contract may not begin
until the plarming document has, been approved (or, conditionally approved),
f. Once approved, the GRANTEE shall follow the, protocols specified in the approved planning, document
including, but not firnited to:
0 Ensuring that all stated quality control measures are collected. analy2ed and evaluated for
acceptability;
0 Using only the protocols apptoved in the planningdocurrient; arid
M Using only time equipment approved :in time planning document,
g. If any significant changes in procedures or test methods, changes in equipment, changes in subGRANTEE
organizations or changes in key personnel occur, the GRANTEE shall submit appropriate revisions of the
planning dorurnent to the DEP contract manager for review. 'The proposed revisions inay not be
implemented until they have been approved by the DEP contract manager. Irthe GRANTEE fails to
submit the required rcvisions, the DET" contract rnanager may suspend or lertninate the Contraa These
amendments shall be
F)EP Agreement. No, NFO 12, Attachment K,, Page 4 oJ'5
(i) Documented through written or electronic correspondence with the DEP contract manager and
incorporated into the approved planning document.
DLLINIERABLES
a. The following lists the expected schedule for the deliverables that are associated with the Quality
Assurance requirements of this Contract:
(i) Copy of DoH ELCP Certificate(s) and the associated list(,$) of specific fields of accreditation, per item
2,d above,
(ii) Copies of the CCC sample results pez item 21 above,
(iii) Non-standard laboratory or field procedures —The GRANTEE shall submit to the DEP Conti -act
manager all required information necessary for review of non-standard procedures per items 2.g. and
3,c. above.,
(iv) Reports of planning review audits as specified in item 5.13. above.
(v) Statements of Usability as specified in item 5A. above,
(vi) Planning document per Section 6, above.
CQNLF_QV1LCLs
j
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.
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DEP Agreement No, NF012, Attachment K, Page 5 of 5