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HomeMy WebLinkAbout2013 - DEP Grant AgreementDEP AGREEMENT NO. S0659 AMENDMENT NO. 1 THIS AGREEMENT as entered into on the 301h day of October, 2013, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF SEBASTIAN (hereinafter referred to as the "Grantee") is hereby amended. WHEREAS, due to permitting and construction delays, the Grantee has requested and the Department has agreed to a no -cost time extension in order to complete monitoring; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: Paragraph 2 is hereby revised to change the completion date of the Agreement to October 30, 2017. Paragraph 16 is hereby deleted in its entirety and replaced with the following: 16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Michael Barr Florida Department of Environmental Protection Nonpoint Source Management Section 3900 Commonwealth Blvd., MS#3570 Tallahassee, Florida 32399 Telephone No.: (850) 245-2947 E-mail Address: Michael.barr@dep.state.fl.us Attachment A, Task 2, BMP Performance Monitoring, Paragraph 4 is hereby deleted in its entirety and replaced with the following: The monitoring shall include at least one (1) year of data collection and testing, quarterly progress reports, a draft final report for DEP review and comment, and an approved Final Report. Attachment A, Task 2, Schedule is hereby deleted in its entirety and replaced with the following: Schedule: QAPP Submitted to FDEP for approval by March 30, 2014, Final report due forty-eight (48) months after execution of this Agreement. Attachment A, Task 3, Schedule is hereby deleted in its entirety and replaced with the following: Schedule: Forty-eight (48) months after execution of this Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 50659, Amendment No. 1, Page I of 2 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. CITY OF SEBASTIAN / 4 ifs---^ By: *Title: Joseph Griffin, 6ity Manager Date: Jo '-2, 1 J5 Ro ert A. Ginsburg City Attorney ATTEST i Sall A. Maio M City Clerk STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:74� Secretary or Designee nate- l0 1@6/ts Barr, DEP Grant Manager D�� - DEPn acts Administrator *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. DEP Agreement No. S0659, Amendment No. t, Page 2 of 2 AGREEMENT NO. S0659 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO LINE ITEM 1663 OF THE 2012-2013 GENERAL APPROPRIATIONS ACT TRIS 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 SEBASTIAN, whose address is 1225 Main Street, Sebastian, Florida 32958 (hereinafter referred to as "Grantee"), a local government, to provide financial assistance for the Sebastian Presidential TMDL NPS Local Reduction project. In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. This Agreement shall begin upon execution by both parties and remain in effect for a period of twenty-four (24) months, 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. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $90,000.00 towards the total project cost of $180.000.00. The parties hereto understand and agree that this Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $90,000.00 in cash or third party in-kind, towards the work funded under this Agreement. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs, upon the completion, submittal and approval of deliverables identified in Attachment A,, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. 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 document all matching funds and/or match efforts (i.e. in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. Travel expenses will not be reimbursed under the terms and conditions of this Agreement. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows: Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the DEP Agreement No. S0659, Page I of 8 project. All multipliers used (i.e. Fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed ,price subcontracts to consultants/contractors in performing the work described in Attachment A. invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation farm for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. in this instance, the Grantee shall request the advance written approval from the Department'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. Upon receipt of the Department Grant Manager's approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. C. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions ol'this Agreement which affect subcontracting activities. Other Expenses — e.g., Materials. supplies, non -excluded phone expenses, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to the Subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorneys Fees, civil or administrative penalties, handling fees, such as set percent overages associated with purchasing supplies or equipment. D. in addition to the invoicing requirements contained in paragraph 3.8. and C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits), All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http:!/www.fldfs.conti'aadir'reference%5Fguide. E. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling Funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's. accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability For each project it has been awarded. DEP Agreement No. 50654, Page 2 of 8 If the Department rinds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the dates) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred tinder this Agreement and reimbursed by the Department, from another source(s), 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 Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. a. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed, problems encountered during the reporting period, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 3l. 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., may be withheld until all work is completed, all deliverables have been submitted, match requirements have been met and the Final Project Report has been received and approved. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. S. No payment will be made for unsatisfactory deliverables. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for submittal of a 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 for 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. DEP Agreement No. 50669, Page 3 of 8 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 CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit 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 Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence 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 CAP fails 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 perform. 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 on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination 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 lieu of those set forth above, as permitted by the Agreement. 9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement. unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 1 19.07(1)(a), Florida Statutes. 10. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 1. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit I to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. ]f the Grantee fails to receive a revised copy of Exhibit I, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, DEP Agreement No. S0659, Page 4 of 8 the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: haps://apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement, The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. The Grantee agrees to be responsible for the fulfilhnent of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, 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. 15. 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. 16. The Department's Grant Managers (which may also be referred to as the Department's Project Manager) for this Agreement are identified below, Technical Mike Thomas Florida Department of Environmental Protection Water Quality Restoration Program 2600 Blair Stone Road, MS4 3570 Tallahassee, Florida 32394 Telephone No.: (850) 245-7513 Fax No.: (850) 245-8434 E-mail Address: Michael.thomas code .state.fl.us DEP Agreement No. 50659, Page 5 of 8 Administrative Connie Becker Florida Department of Environmental Protection Water Quality restoration Program 2600 Blair Stone road, MS# 3510 Tallahassee, Florida 32399 Telephone No.: (850) 245-5505 Fax No.: (850) 245-8434 E-mail Address: Connie.I Becker a de .state. fl. us 17. The Grantee's Grant Manager for this Agreement is identified below. Debra Krueger. CGFO Administrative Services Director City of Sebastian 1224 Main Street Sebastian, Florida 32958 Telephone No.: (772) 388-8302 Fax No.: (772) 388-8249 E-mail Address: dkrue er ccitvofsebastian.or 18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of 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 employees are covered by the protection afforded by the Grantee. Such sell -insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 19. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $100,000 each occurrence and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or anyone directly or indirectly employed by him. Such insurance shall include the State of Florida as an Additional Insured for the entire length of the Agreement. B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims 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 him. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non -owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except ager thirty (30) days written notice (with the exception DEP Agreement No. 50659. Page 6 of 8 of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. 20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 21. Reimbursement for equipment purchases costing S1,000 or more is not authorized under the terms and conditions of this Project Agreement. 22. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require Formal amendment to this Agreement. 23. If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment F, Quality Assurance Requirements. 24. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor. or consultant under contract with any public entity. and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at 8501487-0915. 25. Land acquisition is not authorized under the terms of this Agreement. 26. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 27. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 50659, Page 7 of 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF SEBASTIAN By. Title: * Bob McPartlan, Mayor Dater/X' 3� 3 ATTES Sally A. Mai , City Clerk FEID No.:59-6000427 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or designee Date: t 013011 3 Mike Thomas, DEP Grant Manager -a�z-�' �� Co r, Becker, DEP Grant Manager DEP Contracts Administrator Approved as to form and legality: *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Grant Work Plan (7 Pates) Attachment B Payment Request Summary Form (2 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment D Progress Report Form Q Page) Attachment E Special Audit Requirements (5 Pages) Attachment F Quality Assurance Requirements (14 Pages) DEP Agreement No. S0659, Page 8 of 8 Attachment A Grant Work Plan PROJECT NAME: Sebastian Presidential Street TMDL NPS Load Reduction PROJECT FUNDING: TMDL Grant $ 90,000150%a Matching Funds $ 90,000150% Total Project Cost $ 180,0001100% LEAD ORGANIZATION: City of Sebastian End of Fiscal Year: September 30, 2012 to 2013 FEID Number: 59-6000427 CONTACT PERSON: Debra Krueger, Contract Manager ADDRESS: 1225 Main Street, Sebastian, Fl 32958 PHONE: (772) 388-8202 FAX: (772) 388-8249 EMAIL: dArueaer(a-,.cityafsebuslrurr.vrg COOPERATING ORGANIZATIONS AND CONTACT PERSON (THOSE PROVIDING FUNDING OR IN-KIND SERVICES): City of Sebastian PROJECT ABSTRACT: This project is a part of a Basin Management Action Plan (BMAP) to reduce nutrient loadings from storm water runoff into the Indian River Lagoon, in Sebastian, Florida. The project includes the construction of storm water drainage systems for the Cleveland Street and Indian River Drive Watershed Area (WS I) and Washington Street and Indian River Drive Watershed Area (WS2). Both systems will include: drainage pipes, shallow grass swale treatment, and an adopted Best Management Practices (BMP) 2"d generation nutrient separating baffle box with Bold and Gold filtration media to heat and reduce pollutants before discharging into the Indian River. The Indian River Lagoon is listed as an impaired water body and has an adopted Basin Management Action Plan (BMAP) as of February 7, 2013. The Indian River's tributaries are non -point sources (NPS) within Indian River County and an estuary of national significance included in the National Estuary Program. The Indian River Lagoon is listed on the Section 303(d) as an impaired water body. The BMP Nutrient Separating Baffle Box meets or exceeds NPDES requirements for capturing a wide variety of pollutants including total suspended solids (TSS), sediment, debris, organic material, hydrocarbons, and trash. The SkimBossTm Filtration System add-on removes trash and organic material before entering into the baffle box retention chamber. The Bold and GoldTM filtration media is the final step to the SkimBossTm Filtration system and absorbs remaining nutrients before exiting the baffle box. This media was developed by the University of Central Florida and removes up to 80% of total phosphorus, 47% of total nitrogen, and 90% of total suspended solids. Currently, the storm water from the target area is discharged directly into the Indian River Lagoon. The BMP % reduction for WSJ is estimated to be the following: 32.0% biochemical oxygen demand (BOD), 56.4% total nitrogen (TN), 83.2% total phosphorus (TP) and 90,0% TSS. The BMP % reduction for WS2 is estimated to be the following: 32.0% BOD, 56.3% TN, 83.0% TP and 89.9% TSS. The storm water quality restoration project will be constructed in conjunction with a previously planned street improvement project within the target area. Permitting and engineering plans will include both project scopes; however the TMDL grant funding will be used solely for the storm water quality restoration project. PROJECT LOCATION AND WATERSHED CHARACTERISTICS: The location of the project is within the City of Sebastian Redevelopment Area which includes the watershed area of Cleveland Street at Indian River Drive (WSI) and Washington Street at Indian River Drive (WS2). The Cleveland and Indian River Drive watershed will include collected runoff from Harrison Street to Martin Ave, and east of the railroad tracks (which lay just west of US 1) to Indian River Drive_ The BMP will be situated just north of Cleveland Street on Indian River Drive. The Washington Street and Indian River Drive watershed will include DEP Agreement No. S0659, Attachment A, Page 1 of 7 collected runoff from Martin Avenue to Main Street and east of the railroad tracks (which lay just west of US l) to Indian River Drive. The BMP will be situated at the corner of Washington Street and Indian River Drive. Both watershed areas are located within the Central and East Coast Area within Indian River County in the City of Sebastian. The two watersheds include the impaired water body of the Indian River Lagoon within Indian River County. Water Body Name: Indian River Lagoon and St. Sebastian River are on Section 303(d) list of impaired water bodies Hydrologic Unit Code(HUC): Project Latitude: Cleveland: Lat = 27048'39.16"N - Washington: Lat = 2748'57.29"N Project Longitude: Cleveland: Long = 80°27'57.86"W - Washington: Long = 80'28'05.69"W Land Uses within the Watershed (acres and percentages of total): Land Use Acres % Harrison Street, Martin Ave/ Indian River Drive/ US I Area (WS 1) 37.46 56% Martin Ave, Main Street/ Indian River Drive/US I Area (W S2) 1-9.44 44% Land Use Totals (Acreage and % 66.90 100% TIVIDL STATUS OF WATER BODY AND PROJECT: Name of Impaired Water: Indian River Lagoon and St. Sebastian River Status of Impaired Water: Both are listed in Section 303(d) as impaired Status of BMAP: Impaired POLLUTION REDUCTION STRATEGY: This project will construct a new storm water drainage system for both Cleveland Street at Indian River Drive and Washington Street at Indian River Drive, in Sebastian, Florida. This project will reduce the amount of pollutants entering into the existing impaired Indian River Lagoon. The project will construct two (2) nutrient separating baffle boxes with a pre -skimming feature and a nutrient filtration media. designed to treat and reduce storm water pollutants before discharging into the Indian River Lagoon. The Nutrient Separating Baffle Boxe is a second generation baffle box that meets or exceeds NPDES requirements for capturing a wide variety of pollutants including TSS, sediment, debris, organic material, hydrocarbons, and trash. Because water flow is not ducted off line for treatment, head loss is minimal and comparable to a large square catch basin. The new storm water systems will connect into the Nutrient Separating Baffle Box, where trash, debris, and organic materials will be separated out using a SkimBossTM filtration system. This primary filter will keep the debris and organic material above the holding chambers of the baffle box, thereby decreasing the amount of dissolved nitrogen, phosphorus, and BOD in the water and also keeping the baffle box unobstructed. The secondary stage of the SkimBossT'11 Filtration system add-on is the Bold and Gold T111 filtration media. which is an up -flow filter that the water must pass through before exiting the baffle box. This media removes excess nitrogen, phosphorus, and TSS from the discharging water. In cases of high flow events, the floating boom before the Bold and GoldTM filter will raise and allow water to by-pass the final filter stage, thereby eliminating flooding events while still removing trash and organic material from the storm water. Once passed through the entire Nutrient Separating Baffle Box system. the water will be discharged into the Indian River Lagoon. Currently.. the storm water is discharged directly and untreated into the river. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 50659, Attachment A. Page 2 of 7 PROJECT OBJECTIVE(S): As a part of a basin management action plan, the objective is to reduce storm water pollutant loads from the impaired Indian River Lagoon system, which has an adopted TMDL, and to educate the public about storm water treatment best management practices to reduce pollutant loads and Indian River Lagoon health. PROJECT DESCRIPTION: Project efforts already performed include the preliminary engineering analysis and preparation of conceptual streetscape and drainage improvement plans for the street and stormwater improvements of Cleveland (WSI) and Washington (WS2). The preliminary plans were presented to the community at a public meeting on January 4, 2012 from 5-7 pm at Sebastian City Hall. The public meeting was to get input from the community and businesses within the River Front Area. At the public meeting, the consultant presented and responded to comments on the following: • Drainage and storm water improvements Storm water treatment and BMP Street and drainage enhancements The preliminary plans were then presented to the City Council on January 11, 2012 for approval and direction to proceed with the final engineering design. Additional steps completed have included the preparation of the engineering design plans, and permitting with St John's Water Management District (SJRWMD) for construction of the entire roadway and drainage improvements. The permit was approved in May 2012. As part of this TMDL grant application, only the design and construction for the drainage and baffle box installation is listed as part of the funding request. Upon completion of final design plans, SJRWMD reviewed the project and determined if a permit modification was necessary. The design plans include the drainage improvements for Cleveland (WS 1) and Washington (WS2) areas. The 100% final design plans include: Necessary drainage pipes and baffle box installation Drainage improvements for both the Cleveland (WSI) and Washington (WS2) areas Storm water treatment (BMPs — swales and nutrient separating baffle boxes) Other design elements include; bidding, drainage and BMP construction, and the construction of two nutrient separating baffle boxes for each street. 100% plans and specification were completed in December 2011. The SJRWMD permit for the complete street and drainage construction project (including the storm water quality restoration project and a street improvement project) was approved on May 3, 2012 (Permit No. 42-061-130339- 1 ). TASK 1: BMP construction Task 1 includes the advertisement, award and construction of the project for the street scope and drainage improvements for Cleveland Street, Washington Street, and Indian River Drive. Anticipate the advertisement of the project in October 2013 and award of contract for construction in November 2013. The tentative schedule is the following: Advertisement in October 2013 DEP Agreement No. S0659, Attachment A, Page 3 of 7 Award contract for construction in November 2013 Begin construction in January 2014 End construction in June 2014 This task will also include the construction administration, construction management, and engineering inspection of the construction, which is anticipated to last 180 days. The construction includes stormwater pollutant prevention (SWPP) with temporary BMP measures. The engineering record shall be available for review, and the final construction as -built plans shall be submitted to SJRWMD for approval. The Grantee shall remove 371 feet of old Reinforced Concrete Pipe (RCP) with old structures along Indian river Drive per Drawings and shall de -muck approximately of swale along Indian River Drive. The Grantee shall install BMPs per the submitted Final Drawings and SJRWMD permit, to include: • On Washington Street, I Suntree Nutrient removing baffle box with 24 -inch inlet and 30 -inch outlet; • On Indian River Drive near Cleveland inlet and 30 -inch outlet; • 12 inlet boxes along Cleveland Street, Street, Suntree Nutrient removing ballle box with 24 -inch Indian River Drive, and Washington Street, per the above drawings. + 1,303 feet of new 24 -inch RCP per drawings • 4 feet of 30 -inch RCP per drawings. • Other Fittings and appurtenances as necessary and described in the approved Plans and Specifications. Task F Budget information: Task No. Category Grant Funding Match Funding Match Source Salaries S{1 $0 Fringe Benefits 0 $0 Travel SO $0 Contractual 580,000 $77,000 Grantee 1 Equipment Purchases SO $0 BMP Supplies/Other Expenses SO $0 Land $0 $0 Indirect SO $0 TOTAL FOR TASK $80,000 $77,000 Deliverables: Advertisement, Award, Construction Engineering Inspections (CEI), photographs depicting before, during and after installation of components; and a construction report including signed and sealed Record Drawings. Allowable Costs: Construction and Engineering Contractors. Performance Standard: The Department Grant Manager will review the bid package and subcontract to ensure compliance with state and federal laws specific to this Agreement, and the final construction report to ensure satisfactory performance. Schedule: Start Construction in January 2014 and end Construction in June 2014. TASK 2 BMP Performance Monitoring The Grantee must complete and submit to the Department a Quality Assurance Project Plan (QAPP) for monitoring prior to commencement of any monitoring. The monitoring plan will specify the sampling locations, sampling instruments, and parameters to be sampled. The parameters shall include, but are not limited to: TN (lbs/yr). TP (lbs/yr), TSS (lbs/yr), Cd, Cr, Cu, Zn, NO2/NO3, TKN, NH3, Orthophosphate, Fecal coliform, rainfall and flow. Monitored events shall include a minimum of 7 — 10 discrete rain events, generally greater than 0.20 inches and less than 1.5 inches, Monitoring shall be performed at inflow and outflow locations of each BMPs installed and in accordance with the approved QAPP. Sampling locations shall be recorded and verified using a GAS device. DEP Agreement No. 50659, Attachment A„ Page 4 of 7 Project -specific details must be added during QAPP development. Task 2 will include the field monitoring and testing, which will include monitoring and field data collection of the stormwater area in order to determine the reduction of pollutants from the system. The city has trained staff in the field data collection of stormwater per two previously funded DEP monitoring projects within the city. All testing will be completed by a licensed laboratory approved by the DEP. These will be monitored at all identified sample locations as nutrient loading from the watershed and removal efficiency of the system. The test collection will be grab samples from the impaired water body. Dissolved phosphorus will be compared with the composited nutrients collected. All sample collection will be performed by Harbor Branch Environmental Laboratory (HEEL). All field sampling and collection will comply with the DEP requirements for sampling equipment, sample containers, equipment preparation, calibration of field instruments, field procedures for data collected with field instrumentation (including back-up procedures), field procedures for samples collected for laboratory analyses, procedures for field preservation checks, sample transport, procedures for cleaning contaminated tubing and plastic bottles, and waste disposal. The monitoring will take one ( I ) year of data collection and testing, quarterly progress reports, drat} final report to the DEP of findings. Task 2 Budget information: Task No. Category Grant Funding Match Funding Match Source Salaries $Q $0 Fringe Benefits 0 $0 Travel $0 $a Contractual $10,000 $10,000 Grantee ivlonit_ Equipment Purchases $0 $0 oring Su lies/Other Expenses $0 $0 Land $0 $0 Indirect $0 $0 TOTAL FOR TASK $10,000 $10,000 Deliverables: Implementation of Department -approved Quality Assurance Project Plan Allowable Costs: Contracted services from a professional engineering firm who will conduct monitoring including costs for preparation of QAPP and other laboratory services. Performance Standard: The Department Grant Manager will review the draft QAPP for compliance with this Agreement and DEP Standard Operating Procedures for monitoring; submission of approved QAPP; and review the monitoring results for compliance with the approved plan. Schedule: QAPP Submitted to FDEP for approval by March 30, 2014, Final report due twenty-four (24) months after execution of this Agreement. TASK 3: Education The educational components will include the following: • Local TV public announcement regarding the project and the effects of stormwater pollution. Posters at both baffle box sites to provide information to the public • Informational brochures of the project and BMP at City Hall REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 50659, Attachment A, Page 5 of Task 3 Budget information: Task No. Category Grant Funding Match Funding Match Source Salaries $0 $D TSS kg/yr Fringe Benefits 0 $D kg/yr Travel $0 $0 3 Contractual $0 $0 Educ- Equipment Purchases $0 $0 ation Supplies/Other Expenses $0 $3,000 Grantee 233.63 Land $D $D fl Indirect $0 $0 TOTAL FOR TASK $0 $3,000 Deliverables: Creation of video of Local TV public announcement regarding the project and the effects of stormwater pollution, posters at each site, creation and distribution of brochures. Photo clips or copies on DVD in the Final Report. Allowable Costs: Printing, publications, graphic supplies, signs and brochures. Performance Standard: Submission of a copy of printed education materials, photograph of an installed signs, as well as a map depicting their location relative to the site, Photos or copies of posters, copy of brochure. Materials will be reviewed for compliance with the terms and conditions of this Agreement and the map will be reviewed for compliance with the approved plans and permits. Schedule: Twenty-four (24) months from execution of this Agreement. ESTIMATED POLLUTANT LOAD REDUCTION: BMP's Other Other Installed TSS kg/yr TP kg/yr TN kg/yr BOD kg/yr kg/yr kWyr WS] Pre -Project 9162.57 32.16 233.63 773.01 fl Post - 907.19 5.40 101.92 525.49 o Project Load Reduction 8255.38 26.76 131.68 247.48 % Reduction 90.0% 83.2% 56.4% 32.0% Other r WS2 T$$ TP TN BOD kg/r kg/yr kg/yr kglyr kg/yr Pre -Project 7166.76 25.27 183.61 607.54 Post- 725.75 4.31 80.29 413.27 e Project Load Reduction 6441.01 21.00 103.33 19427 .� � o- Reduction 899% 83.00o 56.3% 32.0°x'0 Model used: Allowable models include Spreadsheet Tool for Estimating Pollutant Load (STEPL, 2007). Nonpoint Source Loading Management Model (NPSLMM, 2008) and Watershed Management Model (WMM, 2006). The STEPL model is available for download at http://it.tetratech-f&,.com/stepl/ while the other models are on the TMDL Grant web site. FMCS used in model: The Event Mean Concentrations (EMGs) listed in Attachment 1 of the grant application in the model to estimate pre- and post -project pollutant loads and load reductions. DEF Agreement No. S0659, Attachment A, Page 6 of 7 Project milestones: Task Activity Start Complete 1 Bidding and Construction Execution 12 months 2 BMP monitoring, and Final Report 12 months 24 months 3 Education Execution 24 months Project Budget: See Task Budgets for Details Project Funding Activity Grant Amount Matching Contribution Match Source and Construction $50,000 $77,000 Grantee -Bidding BMP Monitoring $10,000 $10,000 Grantee Education $0 $3,000 Grantee Total: $90,000 11 $90,000 Grantee Total Project Cost; $ 180,000 Percentage Match: 50% 11 50% REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 50659, Attachment A, Page 7 oF7 Grantee: Mailing Address: DEP Agreement No.: Date Of Request: _ Task/Deliverable Amount Requested:$ ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Grantee's Grant Manager: Payment Request No.: Performance Period: Task/Deliverable No.. GRANT EXPENDITURES SUMMARY SECTION rFffective Date of Grant through Fnd-nf=Grant Perindl CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $ S 5 $ Fringe Benefits $ S $ $ Travel (if authorized) $NIA SN/A SN/A $N/A Subcontracting: Monitoring S S $ S Education $ $ S S Construction $ $ $ S Equipment Purchases $N/A SN/A $N/A $N/A Supplies/Other Expenses $ S I $ $ Land $N/A SN/A SN/A $N/A Indirect $N/A SN/A SN/A $N/A TOTAL AMOUNT TOTAL TASK/DELIVERABLE BUDGET AMOUNT Less Total Cumulative Payment Requests of: TOTAL REMAINING IN TASK S S $ $ S S $ S $ $ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was ror items tnat were enar ea to ana uttttzea orty for ttte aoove cttea grant acttvtttt Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Telephone NIEIll hL'i' DEF 55-223 (03/12) DEP Agreement No. 50659. Attachment B. Page I of 2 Print Name Telephone Number :s. INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DE LIVE RABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASKDELIVERABLE BUDGET AMOUNT' line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement_ PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL .AMOUNT' line. Enter the amount of the task on the *TOTAL T4SK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category, The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column, Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK" line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled "TOTALS.- The final report should show the total of all claims, first claim through the final claim, etc, Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent, NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. l3EP 55-223 (03/12) DEP Agreement No. S0659. Attachment B. Page 2 of 2 ATTACHMENT C 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 for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: I f 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 submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Departnnent of Financial Services, online Reference Guide for State Expenditures can be found at this web address: Etttp://www.fldfs.com/aadir,'reference_uide.htm DUP 55-219 (05/2008) DFP Agreement No. 50659. Attachment C_ Page 1 of ATTACHMENT D PROGRESS REPORT FORM DEP_ Agreement No.: S0659 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number 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 following format should be followed: Task I: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEI' Agreement No. 50659 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager DEP Agreement No. 50659, Attachment D, Page I of I Date ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which mcry be referred to as the "Department" "DEP", 7DEP" or "Grantor" or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. Vuleral IfI G NM2 In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with .any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT i to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year. the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3, if the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133. as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid From recipient resources obtained from other than Federal entities). d. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/efdo/cfdii.html. MAI ;5-215(03/09) DEP Agreement No. 50659, Attachment E, Page I of 5 PART I1: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state Financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State Financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph I ; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2). Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at Itttp://www.Ie .state.fl.tis/Welcome/index.cfTn, State of Florida's website at http://www.myflorida.com/, Department of Finatial Services' Website at http://www,fldfs.com/ and the Auditor General's Website at httn:l/www.state.fl.0/audLen. PART I 11: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specifj, any additional audit requirements unposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 213.97(8), Florida Statutes, State agencies may conduct or arrange for audits of Statefinancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida ,Statutes. In such an event, the State awarding agency must arrange for funding the full cost ofsuch additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages For audits conducted) in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (03/09) DEP Agreement No. 50659, Attachment E, Page 2 of A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hitp.-//harvester.census.gov/fac/ C. Other Federal agencies and pass-th rough 'entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A, The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I DFV 55-215 (03109) DEP Agreement No. 50659, Attachment E, Page 3 ora 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-300:0 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection., or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request For a period of 3 years From the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (0.1/09) DEP Agreement No. 50659, Attachment E, Page 4 oF5 EXHIBIT — I FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program CFDA Number Federal Agency Number CFDA Title FundingAmount State Appropriation Category State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Water Quality Assurance Trust Fund, [.sine Item 1663 2012-2013 37.039 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rains: Federal Program Number Federal Agency CFDA CFDA Title State Appropriation Funding Amount Category State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Water Quality Assurance Trust Fund, [.sine Item 1663 2012-2013 37.039 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Agreement Water Quality Assurance Trust Fund, [.sine Item 1663 2012-2013 37.039 Statewide Surface Water Restoration and Wastewater Projects' $90,000.00 140076 Total Award 1 $901000.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.htmlj and/or the Florida Catalog of State Financial Assistance (CSFA) [https:Happs.fdfs.com/fsaa/searchCatalog.aspxl. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55-215 (03100)) DEP Agreement No. S0659, Attachment E, Page 5 of 5 Attachment F Quality Assurance Requirements For State Funded NPS BMP Monitoring Agreements I. All sampling and analyses performed under this Agreement must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Wort: performed for the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002. 2. LABORATORIES a. The GRANTEE shall ensure that all laboratory testing activities are performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program ('DoH ELCP) For all applicable matrix/method/analyte combinations to be measured. 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 matrix/method/analyte combinations to be performed. Regardless of when the laboratory receives certification, the laboratory must implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution. c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub- contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The GRANTEE shall notify the DEP Grant Manager in writing before any change to a sub -contracted laboratory is made. d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub -contracted Laboratory shall be, provided to the DEP contract manager upon Contract execution or upon receiving DoH certification (see items 2.a and 2.b above). e. The GRANTEE shall ensure that an acceptable initial demonstration of capability (]DOC), as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data for this Contract. If requested by the Department, documentation that supports the [DOC shall be made available For review, f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter known collectively as quality control check (QCC) samples. (i) The laboratory shall ensure that the selected QCC samples(s) represent all matrix/method/analyte combinations that are not subject to certification requirements. (ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable range established by the QCC sample provider. (iii) Before providing analytical services for this Agreement, the laboratory must provide to the DEP contract manager the results of the QCC samples) and the associated acceptable range(s) as established by the QCC sample provider. The submitted results must be from QCC samples that have been completed within the previous six months prior to the submission date. g. Any non-standard laboratory procedures or methods that are proposed for use (i.e., those not approved by DEP for standard environmental analyses) shall be submitted for review and approval in accordance with DEP-QA-001101, "New and Alternative Analytical Laboratory Methods," February 1, 2004. These procedures or methods shall be approved by the DEP Grant Manager before use under this Agreement and must be cited or described in the required planning document (see Section 6). h. The GRANTEE shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6). i. The GRANTEE shall ensure that the selected laboratory test methods listed in the planning document can provide results that meet the Contract data quality objectives. j. The GRANTEE shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6). Revision tate: 02/09 DEP Solicitation No. 506-59. Attachment F, Page l of 14 k. The GRANTEE shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards. I. In addition, the GRANTEE shall ensure that the quality control requirements specified in the attached addenda are followed. in. The GRANTEE shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document. MELD AcrtvlTIES a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Agreement. b. The GRANTEE shall ensure that all sample collection and Feld testing activities are performed in accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, March 31, 2008). The specific standard operating procedures (SOPS) to be used for this Agreement shall be cited in the planning document (see Section 6). c. Any non-standard field procedure shall be submitted for review and approval to the DEP Grant Manager in accordance with section FA 2000 of DEP-SOP-001/0L All non-standard procedures and methods must be approved by the DEP Grant Manager before use under this Agreement and must be cited or described in the planning document. d. Per the quality control measures outlined in the DEP SOPS (FQ 1000 and the calibration requirements of the FT -series for field testing), the GRANTEE shall ensure that the following field quality controls (and any additional quality control measures specified in the addenda) are incorporated into the project design: (i) Matrix -Related Quality Controls - The GRANTEE shall ensure that the laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected; (2) One in each additional 20 samples of the sample collection matrix. after the first 20 samples, and (3) The last time samples are collected for the sample collection matrix. (ii) Field -generated Quality Control duplicates or replicates (not to be confused with laboratory duplicates) shall be collected and analyzed at a Frequency of 5% of the total number of samples collected for each matrix/analyte combination (see FQ 1220). ( l) All field duplicate results greater than the contracted PQL should agree within 20% RPD for each measured analyte. In the event that the field duplicate agreement is not observed, the GRANTEE shall investigate and attempt to determine the cause of poor precision. The outcome of these investigations shall be reported, including the corrective measures taken to minimize future problems. (iii) Field -Generated Quality Control (QC) Blanks — Blanks associated with field activities as defined in FQ 1210 of the DEP SOPS shall be collected according to the requirements of FQ 1230. (1) If an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample, the GRANTEE shall investigate and attempt to determine the cause of the QC blank contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination. (2) If an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample, the GRANTEE shall ensure that the analyte in the affected sample is reported as estimated (".i" with a narrative explanation) unless the analyte concentration in the affected sample is at least 10 times the reported QC blank value concentration. (iv) The GRANTEE shall identify a second laboratory that meets the requirements in Section I and shall arrange to have split samples collected using the sampling procedures specified in the Contract and analyzed by the primary and secondary laboratories. Split samples shall be collected at least once during the project and at least annually thereafter. The GRANTEE shall specify the procedure for splitting the samples in the planning document. ( I ) The results from the two laboratories shall be assessed using a precision criterion of no greater than 20% RPD as an initial guide to assessment of the split sample results. (2) All differences between split sample results from the two laboratories shall be investigated and resolved. Revision Date: 02109 DEI' Solicitation No. 50659. Attachment F, Page 2 of l4 REPORTING, DOCUMENTATION AND RECORDS RETENTION a. The GRANTEE shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and .340, F.A.C. are retained for a minimum of five years after the project completion. b. All field and laboratory records that are associated with work performed under this Agreement shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. c. The GRANTEE shall ensure that all laboratory reports are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP Grant Manager and shall include the following information: ► Laboratory sample identification (1D) and associated Field ID ► Analytical/test method ► Parameter/analyte name ► Analytical result (including dilution factor) ► Result unit ► Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C. ► Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g.. QC sample, calibration failure, etc.) or other problem related to the analysis of the samples ► Date and time of sample preparation (if applicable) / Date and time of sample analysis 1 Results of laboratory verification of field preservation ► Sample matrix ► DoH ELCP certification number for each laboratory (must be associated with the test result(s) generated by the laboratory) ► MDL ► PQL ► Sample type (such as blank type, duplicate type, etc.) ► Field and laboratory QC blank results: • Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and the planning document (see Section 6 below), • Field quality control results including trip blanks, field blanks, equipment blanks, and Feld duplicates (or replicates) as specified in the planning document (see Section 6) / Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable ► Results of surrogate spike analyses (if performed) ► Results of laboratory control samples (LCS) ► Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration failure, etc.) and the associated sample result(s) ► Acceptance criteria used to evaluate each reported quality control measure d. The GRANTEE shall ensure that the Following field -related information is reported to the DEP Grant Manager: 1 Site and/or facility name, address and phone number ► Field ID for each sample container and the associated analytes (test methods) for which the container was collected ► Date and time of sample collection 1 Sample collection depth ► Sample collection method identified by the DEA SOP number, where applicable ► If performed, indicate samples that were filtered ► Field test measurement results: • DEP SGP number (FT -series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifiers per Table I of Chapter 62-160, F.A.C. Revision Date: 02/09 DEP Solicitation No. 50659, Attachment F_ Page 3 of 14 1 Narrative comments discussing corrective/preventive actions taken for any failed QC measure (e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable Field measurement or other problems related to the sampling event. e. The GRANTEE shall submit the lab and field data above electronically in either Excel or Access format. AUDITS a. AUDITS BY THfs DEPARTMENT — Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the GRANTEE, upon request by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP Grant Manager shall pursue remedies available to the Department, including those outlined in Section 8 below. b. PLANNING REVIEw AUDITS — (i) Initial. Within 15 days of completing the first sampling and analysis event, the GRANTEE and all associated subcontractors shall review the planning document (see Section 6 below) relative to the completed field and laboratory activities to determine if the data quality objectives are being met, identify any improvements to be made to the process, and refine the sampling and/or analytical design or schedule. Within one month of the review, a summary of the review, including any corrective action plans or amendments to the planning document, shall be sent to the DEP Grant Manager and a copy shall be maintained with the permanent project records. (ii) Ongoing; Planning reviews as described in item (i) above shall occur annually, C. QUALITY SYSTF.,Ms AUDITS — The GRANTEE and all subcontractors shall ensure that any required laboratory and field quality system and management systems audits are performed according to the respective Quality Manuals for each contracted and sub -contracted entity. These audits shall be documented in the GRANTEE's and subcontractors' records. d. STATEMENTS OF USABILITY — As a part of the audit process and the final report, the GRANTEE shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda. (i) The GRANTEE shall ensure that all acceptance and usability criteria required by this Agreement not specified above are listed in the planning document. (ii) The GRANTEE shall ensure that the results of all quality control measures described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document. (iii) The GRANTEE shall ensure that all sample results are evaluated according to the additional usability criteria specified in the planning document. PLANNING DocuMENT a. The GRANTEE shall submit the planning document identified below to the DEP Grant 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 Grant Manager, The document shall be submitted as a Sampling andAnal,,sis Plan or, ij'desired, as the final +nonitoringplan submitted to the DEF Grant Manage . In either case, the plan shall include/discuss the information contained in the document "Requirements for Field and Analytical Work Performed for the Department of Environmental Protection Under Contract", DEP-QA-002/02. b. The GRANTEE and subcontractors may submit a version of the planning document to the Department for approval no more than three times. If the GRANTEE fails to obtain approval for the planning document after the third (final) submission to the Department, the DEP Grant Manager may suspend or terminate the Contract. c. The DEF Agreement number shall appear on the title page of the submitted planning document. Within forty-five (45) days of receipt of the properly identified planning document by the Department, the Department shall review and either approve the planning document or provide comments to the GRANTEE and affected subcontractors as to why the planning document is not approved. If further revisions are needed, the GRANTEE shall then have fifteen (15) days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any revisions, Revision Date: 02109 DEP Solicitation No. 50659, Attachment F, Page 4 i}H 4 d. If the review of the planning document by the Department is delayed, through no fault of the GRANTEE, beyond sixty (60) days after the planning document is received by the Department, the GRANTEE shall have the option, after the planning document is approved, of requesting and receiving an extension in the term of the Agreement for a time period not to exceed the period of delayed review and approval. This option must be exercised at least sixty (60) days prior to the current termination date of the Agreement. e. Work may not begin for specific Contract tasks until approval has been received by the GRANTEE from the DEP Grant Manager. Sampling and analysis for the Agreement may not begin until the planning document has been approved. f. Once approved, the GRANTEE shall follow the protocols specified in the approved planning document including. but not limited to: ► Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; ► Using only the protocols approved in the planning document, and ► Using only the equipment approved in the planning document. g. If any significant changes in procedures or test methods. changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the GRANTEE shall submit appropriate revisions of the planning document to the DEP Grant Manager for review. The proposed revisions may not be implemented until they have been approved by the DEP Grant Manager. If the GRANTEE fails to submit the required revisions, the DEP Grant Manager may suspend or terminate the Agreement. h. When the approved planning document requires modification, the amendments shall be (i) Provided in a new planning document, or (ii) Provided as amended sections of the current planning document, or (iii) Documented through written or electronic correspondence with the DEP Grant Manager and incorporated into the approved planning document. 7. DELIVERABLES a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this Agreement: (i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation. per item 2.d above. (ii) Copies of the QCC sample results per item 21. above. (iii) Non-standard laboratory or field procedures - The GRANTEE shall submit to the DEP Grant Manager all required information necessary for review of non-standard procedures per items 2.h. and 3.b. above. (iv) Reports of planning review audits as specified in item 5.b. above. (v) Statements of Usability as specified in item 5.d. above. (vi) Planning document per Section 6, above. 8. CONSFQt ENCES a. Failure to comply with any requirement of this attachment may result in: (i) Immediate termination of the Agreement, (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (V) A request to redo work affected by the non-compliant activity. (Vi) Other remedies available to the Department. REMAINDER OF PAGE INTENTIONALLY LENT BLANK Revision Date: 02/09 DEP Solicitation No. S0659. Attachment F, Page 5 of 14 Addendum 1 Quality Control Requirements for Laboratories Performing Chemical Analysis In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Agreement. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Agreement. 1. Matrix -Related Quality Control Samples - The GRANTEE shall ensure that samples associated with this Agreement are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The laboratory shall analyze these samples: a. The first time samples from a sample collection matrix (see Table FA 1000-1) are submitted to the laboratory under this Agreement for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. b. After the first 20 samples from the sample collection matrix have been analyzed, at least one matrix spike and either laboratory duplicates or matrix spike duplicates shall be composed using a sample or samples selected from each additional 20 samples of the sample collection matrix submitted to the laboratory. c. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. d. Spike levels must be at the concentrations specified in item 3 below. e. If the selected sample concentration is expected to be below the Contract -specified practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used. 2. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of 20 samples or less. a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified. 3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses: (i) Chlorophyll — the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ; (ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) — the method -specified U lucase/glutamic acid check solution shall be used; and, (iii) Copper in seawater — the QCCS shall be any seawater -matrix SRM assayed by an organization external to the laboratory, b. If the QCCS is unacceptable, the samples associated with the QCCS shall be reprocessed with a new QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch. 4_ Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pFI adjustment, etc.). The final concentration of any spike fortification shall be at the applicable level identified below. a. if any of the samples in the preparation batch are non -detect (i.e., below the MDL specified in the planning document), the spiking level must not be greater than 2 times the Contract -specified PQL. b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch. S. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a. If the failure is reported to be due to sample matrix interference, the laboratory shall document the process by which this conclusion is determined. 6. Evaluation of Laboratory Duplicate/Replicate Samples — All replicate samples (sample duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document. a. In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. Revision Date: 02/09 DFP Solicitation No, 50659, Attachment r, Puge 6 of 14 7. Instrument Calibration — In addition to calibration procedures specified in the analytical methods listed in the planning document, the GRANTEE shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration verifications. b. Initial Calibration Requirements (i) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document. If the minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards. (ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses. (iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressions. (iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified using a second source. A second source may be a standard, a Standard Reference Material (SRM), or other sample type with a verified concentration such as a QC Check Sample. Standards must have been prepared from a different lot or vendor. (v) The acceptance criteria for second -source verifications shall be specified in the planning document. (vi) Sample analysis cannot proceed if an initial calibration is unacceptable. c. Continuing Calibration Requirements: (i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard shall be analyzed, evaluated and determined to be acceptable prior to analyzing, samples. (ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run. (iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning document, (iv) For cacti analytical run, the analytical sensitivity must be evaluated using a continuing calibration standard prepared at the Contract -specified PQL. The analyzed value of this standard must be within 70% - 130% of the expected value. if this PQL check fails, the blank and associated sample results must be reported as "estimated" per Chapter'62-160, F.A.C. unless the affected results are at least 10 times the absolute value of the observed bias bf the PQL check. (v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable calibration verifications must be reanalyzed or appropriately qualified. d. Sample results below the Contract -specified PQL and above the highest calibration standard shall be appropriately qualified. 8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with the blank must be reported with the appropriate qualifier from Chapter 62-160, F.A.C., unless the affected sample concentrations are at least 10 times higher than the calculated QC blank concentration. b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks. c. If a Contracted analyte is detected in the field blank, equipment blank or trip blank, the result must be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with the blank are at least 10 times the calculated blank concentration. The laboratory must investigate the blank contamination to determine that positive blank results are not due to a laboratory error and report the affected samples and field -generated blank results with appropriate qualifiers and/or comments. 9. if any quality control measure or calibration verification fails (including those specified above), samples that are associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory comment must be attached to the final report for each result that has a qualifier code other than U, i, or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified and defined in the report. 10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes. I I. Field QC duplicates or replicates - The GRANTEE shall ensure that field duplicates (not to be confused with laboratory duplicates) are analyzed. All field duplicate results greater than the contracted PQL should agree within 20% RPD for each measured analyte. In the event that field duplicate agreement is not observed, the Revision Date: 02/09 DEP Solicitation No. 50059, Attachment F, Page 7 of 14 laboratory must investigate sufficiently to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. 12. For all organic analyses using either gas chromatography or HPLC, analytes with concentrations above the method detection limit shall be confirmed by at least one of the qualitative identification measures listed below. Confirmation must occur the first time an analyte is detected at a sampling point. ► Second column/same detector ► Second column/alternate detector ► Same column alternate detector ! Mass spectrometry ► Alternate wavelength REMAINDER OF PAGE fNTENTIONALLY LEFT BLANK Revision Date: 02109 DEI' Solicitation No. 50059_ Attachment V. rage 8 of IA Addendum 2 Quality Control Requirements for Laboratories Performing Microbiological Testing In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Agreement, Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Agreement. I. All microbiological analyses must conform to the requirements for facilities, personnel qualifications. equipment specifications and quality control measures discussed in AWPVA Standard Methods, section 9020 (all acceptable editions) 2. Holding Times — Any sample that exceeds the holding time specified in 40 CFR Part 136 (for non -potable water) or 40 CFR Part 141 (for drinking water compliance) must be appropriately qualified with a "Q". The holding begins with the sample collection date and time and ends with the date and time of the placement of the processed sample into or on the applicable growth medium. a. For non -potable water, the maximum transport time to the laboratory is 6 hours and samples should be processed within 2 hours of receipt at the laboratory. For purposes of contractual services and to determine compliance with this requirement, the Department will allow no greater than 6 hours from time of collection to the time of receipt by the laboratory AND no greater than 8 hours from time of collection to the placement of the processed sample into or on the applicable growth medium b. All samples that are either received after 6 hours OR placed into or on growth medium after 8 hours will be considered outside of holding time and must be qualified with a "Q" qualifier. (i.) All samples that exceed the method -specified incubation period (range of minimum to maximum) shall be qualified with a "J" qualifier, c. For drinking water compliance, the time from sample collection to placement of the processed sample into or on the applicable growth medium may not exceed 30 hours. (i_) All samples that are processed after 30 hours will be considered outside of holding time and must be qualified with a "Q" qualifier. (ii,) All samples that exceed the method -specified incubation period (range of minimum to maximum hours) shall be qualified with a "J" qualifier. d. In order to evaluate the holding time for each sample, the following information shall be documented. (1) Date and time of sample collection (2) Date and time of laboratory receipt ofthe sample (3) Date and time the analysis begins - (The time at which the sample is placed in or on the appropriate media for incubation). (4) Date and time incubation begins (5) Date and time analysis ends - The date and time incubation ends and plates/tubes are read. 3. Dilutions for membrane filter analysis - In order to achieve the recommended range of target organisms (20 — 60 colony forming units (CFU) for fecal coliform, enterococci and fecal streptococcus or 20 — 80 for total coliforms and E.coli), multiple dilutions of a sample must be run. While the general history of a sample site may be well known, the water will be influenced by many environmental factors at any one time. a. A minimum of 3 dilutions will be run for each sample analysis (except blanks). The three dilution volumes may vary according to the range of expected values or an understanding of the environmental conditions at the time of sampling. Waters of a higher quality (low microbial density) may benefit from a dilution series of 100 mL, 50 mL, and 25 mL of sample volume, whereas, lower quality waters (high microbial density) might require only 10 mL, 1.0 mL, and 0.1 mL. Use a 100 mL dilution for all blanks (including field and equipment blanks). Table I provides suggested volumes for varying water sources and has been adapted from Table 9222:111, Standard Methods, 20'x' Edition, and can be used for microbiological samples: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date: 02/09 DEP Solicitation No, 50659. Attachineni V- Page 9 of 14 Table l: Suggested sample dilutions Water source Dilutions (Sample Volume, mL) Equipment, Field blanks 100 Lakes, reservoirs, rivers 100, 50, 10 or 50, 10, 25 Wells, springs 100, 50, 10 or 100, 50, 25 Water supply intake 50, 10, 1 Natural bathing waters 50, 10, 1 Sewage treatment plant 10, 1, 0.l Farm ponds, rivers 1, 0.1, 0.01 Stormwater runoff 1, 0.1, 0,01 Raw municipal sewage 0.1. 0.01, 0.001 Feedlot nlnoff 0.1, 0.01, 0.001 Sewage sludge 0.01, 0.001, 0.0001 4. QUALITY CONTROL BLANKS a. The number and types of blanks to be run shall follow method requirements with these modifications: (i.) If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and ending Filtration blank processed within a time period not to exceed 30 minutes. The environmental Field samples shall be filtered after the beginning blank and before the ending blank. (ii.) If filtration funnels are not sanitized by U light between samples, additional sterility blanks shall be filtered after every 10 samples processed within the 30 -minute set b. The results of any blank must be < 1 CFU/100 mL or the associated sample results must be reported with the appropriate qualifier from Chapter 62-160, F.A.C. ("V" for filtration blanks and "J" for field -generated blanks). 5. Laboratory Quality Control Duplicates a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precision criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results /Tom field -generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field -generated replicate results, 6. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document. b. The laboratory shall make every attempt to ensure that colony counts are in the method -specified ideal range (20 — 60 colony forming units (CFU) for fecal coliform, enterococci and fecal streptococcus or 20 — 80 for total coliforms and E.coli). Reported values from colony plate counts outside this range shall be qualified with a "B" (unless the reported value is from a 100 mL sample and the count is less than 20). c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be reported as "estimated". 7. Calculating Raw Data for Final Reporting - Standard Methods (SM) 9222D and EPA Method 1600 offer slightly differing guidance on the calculation and reporting of microbiological data, Although this guidance is not intended to capture every scenario possible in the calculation and reporting of the test data, the most common scenarios are discussed with the emphasis on reporting the data result, the dilution factor. and the data qualifier. For detailed discussions on additional scenarios, seethe applicable method. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date: 02/09 DLP Solicitalion No. 50639, Allachment F. Mage 10 of 14 a. Interpretation of Standard Methods SM 9222, B.6, 201h Ed. and EPA 1600, Appendix B. calculations: CFU/ 100 mL= C x 100 V Where, CFU/100 mL = Number of enterococei or fecal coliform colony forming units per 100 mL of sample. C = Total number of positive colonies counted on all acceptable dilutions. V = Total volume, equal to the sum of all acceptable dilutions (sample volumes used, in mL When one dilution in a series has a count within the ideal CFU range (see above): (a) Use the count from the dilution that is within range to calculate the final result in the equation above. (ii.) When more than one dilution in a series has an acceptable count within the ideal range use the applicable method below. Since this calculation is not a laboratory sample replicate, do not use an "A" qualifier. (1) SM 9222D - Use the sum of all dilutions within the ideal range and the sum of the counts from all dilutions in the ideal range in the equation above. (2) EPA 1600 - Independently calculate a final value for each dilution within the ideal range in the equation above and report the average of these values. (iii.) When no dilutions fall within the ideal range: (1) For both methods: A "B" qualifier is not required if all dilutions were less than the lower acceptable limit (20 CFUs), and one of the dilutions was 100 mL. For this situation, report the calculated value from the 100 mL dilution without a "B". (2) SM 9222D - Use the sum of all dilutions in the equation to calculate the final result. Include dilutions that have a zero count. Report the final result with a "B" qualifier. (3) EPA 1600: (a) IfalI counts are under the lower acceptable limit (20 CFUs) or are both above and below the limit, choose the dilution with the count that is closest to the ideal range to calculate final result and report with a "B" qualifier. (b) If all counts are above the upper acceptable limit (60 or 80 CFUs), use the dilution with the smallest volume filtered to calculate final result and report with a "B" qualifier. (iv.) If counts from all dilutions are zero: (1) For SM 9222D- Use "1" as the total number of colonies counted and include all dilutions in the equation to calculate final result. Report with a "'U" qualifier. (2) For EPA 1600 - Use "1" as the total number of colonies counted and use only the highest filtration volume as total volume in the equation above to calculate final result. Report with a "U" qualifier. (v.) If there are >200 target colonies in all dilutions: (vi.) For both methods - Use the upper limit of the ideal range (60 or 80) and the smallest filtration volume in mL to calculate an estimated final result. Report with a "Z" qualifier. (vii.) If there are >200 non -target colonies, or if the colonies are not distinct enough to count (confluent growth) in all dilutions: (I ) For both methods - Report as "No Result" with a "Z" qualifier. 8. Use of Dilution Factor (DF) field a. Use the following equation to determine dilution factor for all samples: DF = 100 V Where, DF = Dilution Factor V = Total volume (sum of dilutions in mL used in final calculation) 9. Verification a. Frequency (i.) Independently verify at least 10 isolated colonies from a positive sample per month. (ii.) Verify atypical colonies of different morphological types to check for false negatives. (iii.) Also. verily any ambiguous colonies as needed. Revision Date: 02/09 DEI' Solicitation No. '50659, Anaeliment F. Page 1 I or 14 Procedure (i.) Use aseptic techniques to transfer growth from each colony into individual tubes. For 10 colonies, there should be 10 tubes total, for each verification test media. (ii.) See Table 2 for the method requirements for fecal coliform and Enterococci. Follow the method requirements for all others. Table 2: Verification Tests Method Verify with the folio win : BHI Agar Slant BHI Gram stain BHC BEA BHI w/6.5% 35 f 0.5°C 35 t 0.5°C (gram 45 ± 0.5°C 35 t 0.5°C NaCl Enterococci 48 t 3 h 24 ± 2 h positive 48 f a h 48 t 3 h EPA 1600 (use growth for (turbidity) cocci) (turbidity) (growth w/ 35 t 0.5°C gram staining) black/brown 48 ± 3 h precipitate) (turbidity) LTB EC Fecal 35 ± 0.5°C 44.5 t 0.2°C Coliforms 48 ± 3 h 24 f 2 h SM9222D (turbidity and gas) (turbidity and gas) The response bolded in parentheses indicate the positive result for each test. c. Reporting (i.) Adjust colony counts for the original positive sample based on percent of colonies verified positive. ( I ) For example: A sample dilution has a colony count of 30 fecal coliforms. Ten of these positive blue colonies were used in the verification tests, but only 8 verified positive for both EC and LTB. This means only 80% were verified positive and therefore the final count of 30 is adjusted by 80% to 24 colonies. (ii.) For verified samples, report as "Verified"' in the comment field. 10. Data Qualifier Codes - The use of Data Qualifier Codes is not discussed in the methods, but the Department's QA -Rule 62-160 F.A.C. requires that data qualifiers be used when the data is being submitted to the State. The purpose of the Data Qualifier Codes is to communicate the reliability of the reported data to the consumer. Table 3 identifies those Data Qualifier codes that are generally associated with microbiological data reporting. Others may apply. The laboratory must apply any applicable data qualifiers as listed in Table I of the Quality Assurance Rule (62-160. F.A.C.) a. Any data point which is derived from any analysis other than the direct calculation of the number of colonies on a membrane filter that were within the recommended range of the method must be qualified with one or more of the Data Qualifier Codes listed below. b. Any result associated with a failed QC test must be reported with applicable data qualifiers. e. Any result that is associated with a failure to meet test requirements (e.g.. holding time, incubation time. etc.) shall also be qualified with applicable data qualifiers. d. Failure to report data with appropriate data qualifier codes will be returned to the laboratory without payment for services until corrections are made. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date: 02/09 DEP Solicitation No. S06A Attachment P. Pace 12 of 14 T ical Data Rule A Contract Req uiren Rule B Contract Table 3 lifter Codes to be used when Reporting Microbiological data to the FDEP under the Overflow Purchase Order or Contract Value reported is the arithmetic mean (average) of two or more determinations. This code shall be used if the reported value is the average of results for two or more discrete and separate samples. These samples shat I have been processed and analyzed independently. Do not use this code if the data are the result of replicate analysis on the same sample al iquot, extract or digestate. Two or more replicates of the same volume of'sample are run and the data averaged Results based upon colony counts outside the acceptable range. This code applies to microbiological tests and specifically to membrane filter colony counts. The code is to be used if the colony count is generated from a plate in which the total number of coliform colonies is outside the method indicated ideal range. This code is not to be used if a 100 mL sample has been filtered and the colony count is less than the lower value of the ideal Based on colonv counts outside the method specified range of'20 - 60 colonies per membrane filter. This code is not required if a 100 mL sample Estimated value. A "J" value shall be accompanied by a detailed explanation to justify the reason(s) for designating the value as estimated. Where possible, the organization shall report whether the actual value is estimated to be less than or greater than the reported value. A -F value shall not be used as a substitute for K, L, M, T, V, or Y, however, if additional reasons exist For identifying the value as an estimate-(e.g„ matrix spiked failed to meet acceptance criteria), the "J" code may be added to a K, L, M, T, V, or Y. Examples of situations in which a "J" code must be reported include; Rule instances where a quality control item associated with the reported value failed to meet the established quality control criteria (the specific failure J must be identified); instances when the sample matrix interfered with the ability to make any accurate determination; instances when data are questionable because of improper laboratory or field protocols (e.g., composite sample was collected instead of a grab sample); instances when the analyte was detected at or above the method detection limit in a blank other than the method blank (such as calibration blank or field -generated blanks and the value of 10 times the blank value was equal to or greater than the associated sample value); or instances when the field or laboratory calibrations or calibration verifications did not meet calibration acceptance criteria. Contract In addition to the above examples, other "d" code situations are; qualitt° control duplicate failures, ongoing precision recovery (OPR) spike failures, Requirement matrix s ike failures, incubation period or tent erature failures, other AJC cheek failures. Rule Sampled, but analysis lost or not performed. O Contract Sample taken but analysis lost, invalidated, or not performed. Requirement Q Rule Sample held beyond the accepted holding time. This code shall be used if the value is derived from a sample that was prepared or analyzed after the approved holding time restrictions for sample preparation or analysis. Revision Date: 02/09 DEN Solicitation No. 50659, Attachment P, Page 13 of 14 Table 3 Typical Data Qualifier Codes to be used when Reporting Microbiolo ical Data to the FDEP under the Overflow Purchase Order or Contract (others ma a 1 ) Qualil 02-160 Regulatory Meaning (rule) or Contract lleqtiji-eiiietit/iiitei-pi*et.ition (contract) Contract Sample received after 6 hours OR analyzed beyond H hours. Requirement Indicates that the compound was analyzed for but not detected. This symbol shall be used to indicate that the specified component was not detected. Rule The value associated with the qualifier shall be the laboratory method detection limit. Unless requested by the client, less than the method detection U limit values shall not be reported (see "T" above). Contract Requirement Organism was analyzed for but not detected. Indicates that the analyte was detected at or above the method detection limit in both the sample and the associated method blank and the value of 10 Rule times the blank value was equal to or greater than the associated sample value. Note: unless specified by the method, the value in the blank shall not V be subtracted from associated samples. _ Contract Analyte was detected in both .samples and method blank. Use this code when the sample result is less than or equal to 10 times the value of the blank. Requirement Do not subtract the value o 'the blank from the sample result. Y Rule The laboratory analysis was from an improperly preserved sample. The data may not be accurate. Too many colonies were -present for acctu-ate counting. H istoriCally, tlfis condition has been reported as "too numerous to count" (TNTC). The "Z" Rule qualifier code shall be reported when the total number of colonies of all types is more than 200 in all dilutions of the sample. When applicable to the observed test results, a numeric value for the colony count for the microorganism tested shall be estimated from the highest dilution factor (smallest Z sam le volume) used for the test and reported with the qualifier code.; Contract Colonies on plate too numerous to count (TNTC). Results shall be reported as flee n uLidinuin recommended cornet of typical target colonies (60 Requirement CFU/lowest volume used x 100 mL). If aij7pical, neon -target, spreading colonies or other interferences occur where typical target organisms cannot be determined, report "No Result" in the results column and "Z" in the Data Qualifier column. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revision Date: 02101 t]FI' Solicitation No, S0659. Attuchnunt C, Pale 14 of 14