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Exh 8F~. .•~ r 1GENDA ITEM #gF AUGUST 12, 2002 ~, ' ' ' CITY OF ATLANTIC BEACH CITY COMMISSION MEETING .., STAFF REPORT AGENDA ITEM: Contract for Florida Department of Environmental Protection- _. Section 319 Grant (DEP Agreement No. G0013} ~^* SUBMITTED BY: Robert S. Kosoy, P.E. Director of Public Works DATE: August 2, 2002 BACKGROUND: On February 25, 2002 the Commission authorized staff to negotiate a final contract with the Florida Department of Environmental ~., Protection (FDEP) for the EPA 3.19 Grant, which will provide $428,450 for funding of the Core City Drainage Project. ,.., '. The grant requires that a Public Education Program and a Water Quality Monitoring and Analysis Program be conducted to ,~ demonstrate the effectiveness of the best management practices __ (BMPs) being .implemented. These programs will be conducted before, during and after construction and must be completed within ~- 37 months of the signature of the grant contract. The total cost of these programs is estimated at $100,000. ' RECOMMENDATION: Authorize Mayor to sign a final contract with the FDEP for the 319 Grant. .~, ` ~, ATTACHMENTS: 1. Letter from Patricia Sanzone, Contract Project Manager, °~ -FDEP, dated July 31, 2002. ` >, 2. Two original FDEP Final Contracts (DEP Agreement No. G0013) ~ REVIEWED BY CITY lIA1~1AG R: r~ - AGENDA ITEM #8F ,~+., AUGUST 12, 2002 ,~~n ~~, ~t~.:~ Department of ~, ~ ~' .- ? ~~~~~ ` Environmental Protection ~. ~ F~oR~ ~ ~~ o _ ~ Twin Towers Office Building ]eb Bush 2600 Blair Stone Road David B. Struhs Governor Tallahassee, Florida 32399-2400 Secretary ~* _ July 31, 2002 ~, Mr. Robert S. Kosoy, P.E. ~"~"' City of Atlantic Beach City Commission Public Works Director '~"" . 1200 Sandpiper Lane ,. Atlantic Beach, Florida 32233-4318. Dear Mr. Kosoy: You will find enclosed two originals of the Florida Department of Environmental Protection Agreement sA* No. GOOI3 for the Core City Stormwater Management Systems Improvements project. ` Please have both originals of the contract and a COPY of Attachment H, Debarment/Suspension Certification, executed as soon as possible by the appropriate legal representative of the City of Atlantic Beach City Commission or their authorized designee. Upon signing, please send a facsimile copy of the signature page to me at 850/921-5217 or Suncom 291-5217. Return one original executed contract and ~ all signed copies of the Certification Form to my attention at the following address: ` Patricia A. Sanzone, Project Manager ,,,~, Department of Environmental Protection ' i Stormwater/Nonpoint Source Management Section ' 2600 Blair Stone Road (M:S. 3570) Tallahassee, Florida 32399-2400 ~, , ° Any questions or additional contractual changes should also be .directed to my attention by calling me at Suncom 291-991.7. ~., p ;. Sincerely, . ,.Patricia A. Sanzone Contract Project Manager ~"" - Stormwater/Nonpoint Source Management Section PAS/hp ~ _ Enclosures (2) ~, cc: Darlene Evans „, "More Protection, Less Process" ., _ ,. AGENDA ITE1~~T #SF AUGti ST 12, 2002 DEP AGREEMEi`1T NO. G0013 w STATE OF FLORIDA ,A,, GRANT AGREEMENT PURSUANT TO ENVIItONMENTAL PROTECTION AGENCY GRANT AWARDS} AND "~' LINE ITEM 17450F THE 2001-2002 GENERAL APPROPRIATIONSACT ,~,~, THIS AGREEMENT is entered into between the STATE OF .FLORIDA DEPARTMENT OF p ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 ' (hereinafter referred to as the "Department" or "DEP") and the CITY OF ATLANTIC BEACH, whose address is 1200 Sandpiper Lane, Atlantic Beach, Florida 32233-4318 (hereinafter referred" to as "Grantee" or "Recipient"), a local ~' government, to provide federal funding for the Core City Stormwater Management System Improvements project. WHEREAS, the Department is the recipient of federal financial assistance from the U. S. Environmental e~• Protection Agency (EPA}; and, WHEREAS, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal ~,,,,~ financial assistance- from the EPA; and, WHEREAS, the Florida Department of Environmental Protection was awarded funding by the EPA pursuant to ' Grant Agreement No: C9994515-99-0; and, ~+ WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in: performance of its activities pursuant to this Agreement. ` ' NOW, THEREFORE, in consideration of the premises and the' mutual benefits to be derived herefrom, the ~, Department and the Grantee do hereby agree as follows:. .~; 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this ° Agreement, Attachment A (Work Plan}, and all -attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement"-and the terms Grantee , Recipient .and Contractor ,are used interchangeably. ' 2. This Agreement shall begin upon execution by both parties and end 37 months after execution, inclusive. The ~., Grantee shall be .eligible for reimbursement for work performed on or after execution of this Agreement. The 4 `Grantee may identify project expenditures made on or after October 1, 1998 for purposes of meeting its match requirement identified in paragraph 3. This Agreement may be amended to provide for- additional services if additional funding is made available by EPA and/or the Legislature..- .. A., -3. A. For satisfactory performance, the Department agrees to compensate the Grantee on a cost reimbursement basis not to exceed $428,450 toward the total project cost described in Attachment A. The Grantee shall ~'^ be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B). ;,~, B.. The State Comptroller ` ,requires 'detailed supporting' documentation of all costs under a cost reimbursement agreement. In accordance. with the Comptroller's Contract Payment Requirements (attached hereto and made a part hereof as Attachment C), the CONTRACTOR shall. comply with the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation "~' and other requirements. as follows: 1. Salaries/Wa~es -The Grantee shall not be reimbursed for direct salaries or multipliers (i.e., ~*+ fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees. DEP Agreement No. G0013, Page 1 of 10 -,~.; AGENDA ITEM1 #3F AUGUST 13, 2002 ~"" '~ t ° 2. Contractual (Subcontractors) -Reimbursement requests for payments to subcontractors must be substantiated. by copies of invoices with backup documentation identical to that required from ~*+ the Grantee. Subcontracts which involve payments for direct salaries shall. clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers ' ' - used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported ~,,,,, by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. "'"" Invoices for reimbursement of fixed price subcontracts approved by the Department shall be documented by copies of the paid invoices. ~ 3. Travel -Travel expenses are not authorized under the terms of this Agreement. i - 4. Equipment - (Capital outlay over $1.,000 in value) -The purchase of non-expendable equipment or ~ personal property costing $1,000 or more is not authorized under the terms of this Agreement.' t _ ' C. In addition to the invoicing requirements contained in paragraph B. 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 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. past- audit thereof. State guidelines for allowable costs can be found in the State Comptroller's Voucher Processing Handbook at http://www.dbfstate.fl.us/aadir/tochandbk.html and allowable costs for Federal Programs can be found under 48 CFR Part 3l at http://www.access.~po.~ov/nara/cfr/cfr-table-earch.html and OMB Circulars A-87, A-122, A-21, at htta:!/www.Whitehouse.EOV/omb/circulars/index.html#numerical. "^ ' D. Each invoice submitted must be in detail sufficient for preaudit and postaudit review. Five copies of each P invoice, including appropriate backup documentation, shall be submitted to: ,,,,~,, Department of Environmental Protection i bivision of Water Resource Management Attn: Ms. Patti Sanzone (MS 3570) 2600 Blair Stone Road ".~" Tallahassee, Florida 32399-2400 E. The Grantee will limit its participation in the salary rate (excluding overhead) paid to individual ~^+ consultants retained by grantee's or by a grantee's contractors or subcontractors to the maximum .daily . rate for GS-18. This limitation applies to consultation services for designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and ,~ subsistence costs for travel performed. Subagreements with funds for services that are awarded using the procurement requirements contained in 40 CFR 31.36 are not affected by this limitation. F. The parties hereto understand and agree that this Agreement does require a cost sharing or match on the }""" part of the Grantee. The Grantee is responsible for providing- $5,227,444 in matching or cost sharing ~. towards the work funded under this Agreement. All matching or cost sharing shall meet he federal requirements established in 40 CFR 3134. G. Allowable costs will be determined in accordance with. the cost principles. applicable to the organization incurring the costs. For purposes of this.Agreement, the following cost principles are incorporated by reference. DEP Agreement No. G0013, Page 2 of 10 AGENDA ITEM ~8F AUGUST 12, ?002 r~+ H. The table below identifies the funding supporting. this Agreement and EPA Grants providing the funds. ~*+ ~, Organization Type Applicable Cost Principles State, local or Indian tribal government OMB Circular A-87 Private non-profit organization other than: (1) an OMB CircularA-122 institution of higher education; (2) a hospital; or (3) an organization named in OMB Circular A-.122 as not subject to that circular Education institutions OMB Circular A-21 For-profit organization other than a hospital and an 48 CFR Part 31, Contract -Cost Principles and organization named in OMB A-122 as not subject to Procedures, or uniform cost accounting standards that that circular comply with cost principles acceptable to the federal agency EPA Grant Number CFDA Program Title Funding Amount C9994515-99-0 66.460 Nonpoint Source Implementation $428,450.00 Total Funding: $428,450.00 4. The State of Florida's performance and obligation to pay under. this Agreement- is contingent upon an annual appropriation by the Legislature. 7rhe parties hereto understand that this Agreement is not a commitment of future ~-, appropriations. ' S. A. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports. The Grantee shall utilize the Progress Reporting Form, attached hereto and made a part hereof as Attachment D, for `~"~" submitting its quarterly progress report. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters rw ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have . ` ten (10) calendar days to review deliverables submitted by the Grantee. ,,,~ B. The Grantee agrees to comply with the requirements of EPA's Program for Utilization of Small, ~ Minority, and Women's Business Enterprises in procurement under this Agreement. 1. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise (MBEJWBE) "Fain Share" goals and objectives negotiated with EPA as follows: Florida Fair Share Goats Industry Goal SRF Construction (both S1tFs) 11% MBE and 3% WBE Architectural & Engineering Services 10°!o MBE and 15°1o WBE Commodities 7% MBE and 17% WBE Contractual Services 14% MBE and 36°lo WBE Construction (non SRF) 10% MBE and 11%WBE 2. If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee agrees to submit proposed MBE/WBE goals based on availability of qualified arinority and women-owned business. to do work in the relevant market for construcrion, services, supplies and equipment. °`Fair Shaze" objectives must be submitted to the EPA Grants Management ~,,,,,, Office, 61 Forsyth Street,. Atlanta, GA 30303 within thirty. (30) ealendaz days of awazd and approved by EPA no later than thirty (30) calendar days thereafter. Copies of all • correspondence with EPA shall also be forwarded to the Department's Grant Manager. ~" - 3. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "fair a share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically-black colleges and universities. DEP Agreement No. G0013, Page 3 of 10 AGENDA ITEM #8F AUGUST L, 2002 .~ 4. The Grantee agrees. to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the ~,,,, negotiated "fair share" percentages. 5. The Grantee agrees to follow the six affirmative steps or positive efforts stated in 40 C.F.R. 30.44(b); 40 C.F.R. 31.36(e), or 40 C.F.R 35.6580, as appropriate, and retain records ~""" documenting compliance. 6. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal .grants er- 1n conjunction with the required EPA Form 5700-52A progress report. ` 7. If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the Grantee agrees to notify the Department and EPA in advance of any race and/or. gender r* conscious action it plans to take to more closely achieve the "fair share" objective. 8. In accordance with Section 129 of Public Law 100-590, the Small Business Administration """" Reauthorization and Amendment. Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under this Agreement to utilize small businesses located in rural areas to the maximum extent possible. The Grantee agrees to follow the six affirmativesteps stated in ,~., 4.0 C.F.R. 30.44(b), 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any ` contracts under this Agreement.:. ,., _ . C. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees. to use recycled paper for all r~ reports which are prepared as a part of this Agreement .and delivered to the .Department.. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. ~, D. A .draft comprehensive final report must be submitted no Later than .sixty (60) days prior to the completion date of the Agreement. Five (5) hard copies, plus one electronic copy in Adobe.pdf format, f-, - of a comprehensive final report must.be submitted no later than the completion date of the Agreement. ~ Tie Grantee's final report shall include an accounting of all project expenses, a report of all matching 5 funds contributed on behalf of the Grantee, and a statement acknowledging that the project has been supported by a grant from the U.S. Environmental Protection Agency. The following language shall be ~"", included in all final documents (public education materials, newsletters, etc.) issued as a result of an -:agreement funded in whole or in part by federal sources to acknowledge the .federal government's participationin the project.. ,~., :, "This project and the preparation of this .report (or booklet, pamphlet, etc.,. as appropriate) was funded in part by a secrion 319 grant from the. U.S. Environmental Protection Agency through an ~,,,,,. agreement/contract with .the Nonpoint Source Management Section. of the. Florida Department of Environmental Protection. The total cost of the project was $[show actual amountl, of which $ show `actual amountl or show actual percentage) percent was provided by the U.S. Environmental Protection Agency." T The Grantee agrees to provide a copy of any draft report and/or final report to the Department before making, or allowing to be made, a press. release,. publication, or other public announcement of the +~ project's outcome. This shall not be construed to be a limitation upon the operation and applicability of Chapter 119, Florida Statutes. ~, 6. ...Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immuxuty ar the provisions of Section 768.28, Florida Statutes. vA - DEP Agreement No. G0013, Page 4 of 10 ~: :AGENDA ITE`I n3F :AUGUST 12, 2002 '~"` 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to __ _ fulfill any of its obligations under this Agreement. -Prior to termination, the Department shall provide thirty (30) calendar days, written notice of its intent to terminate and shall provide the Grantee an ~+ opportunity to consult with the Department regarding the reason(s) for termination. $. The Department may terminate this Agreement for convenience by providing the Grantee with 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. C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written """"" amendment,of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. ~* D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow g. public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records. are exempt from Section 24(a) of Article I of the ~,,,,,, State Constitution and Section 119.07(1), Florida Statutes. 8. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the F""" ,following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. ~. , - D. Withhold further awards for the project or program. E. Take other remedies that maybe legally available. ~,,.,,. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after f. .termination of the .Agreement are not allowable unless the Department expressly authorizes them in the ` notice of suspension or temlination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. L The costs result. from obligations .which were properly incurred by the recipient before the , effective date of suspension or termination, .are not in anticipation of it, and in the .case of termination, are noncancellable. 2. The. cost would be allowable if the Agreement were not suspended or expired normally at the ,,,,, end of the funding period in which the termination takes place. G. The remedies identified above do not preclude the Grantee- from being subject to debarment and suspension under Executive Orders .12549 and 12689. H 9, A. Thee Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The +-~ Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five ,years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and 'subcontractor to maintain and allow access to such records for audit purposes. DEP Agreement No. GOQ13, Page 5 of 10 ~-. AGE\DA ITEM #3F AUGUST 12, 2002 r B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation; claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition. ~+ 10. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable. provisions contained in Attachment E. A revised-copy of Attachment E, Exhibit-l, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall `summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with.' the requirements of Attachment E. If the Grantee fails to receive a revised copy of Attachment E, Exhibit-1, the .Grantee shall notify the Department's Grants Development and Review Manager at 8501922-5942 to ,request a ~"' copy of the updated information. ,. . 11. A. The Grantee may subcontract work under this Agreement without the prior written consent of .the ~,,, Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract .and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred. under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Grantee agrees to provide the Department with an executed'copy of all subcontracts. within ten days e^* after the effective date of the agreement. C. The Department of Environmental Protection supports diversity in its procurement program and requests R,,,,, that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida.` The ° ~ Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportuniries. ~;: „~ ~ 12. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee,- to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an ,officer or employee of _ . E Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending ` or modifying of any Federal contract, grant, or cooperative agreement.. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment F, Standard Form-LLL, "Disclosure Form. to Report Lobbying" (attached hereto and made a part hereof), and shall file quarterly ~~ '• - -updates of any material changes. The Grantee -shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly [40 CFR 34j. B. In accordance with. Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state :agency. 4 '. .: -: ' C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such . . e~+ organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. ,; 13. The Grantee shall comply with all applicable federal, state and local rules and. regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, ~.., state and local health and safety rules and regulations. 'The Grantee further agrees to include this provision in all .....subcontracts issued as a result of this Agreement. DEP Agreement No. G0013, Page 6 of 10 ~. ~~ ' AGEND ~. I'TEI~I ~8I' ~~ ~ ~ ~ AUGUST 12, 200? E ~' 14. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Patti Sanzone Florida Department of Environmental Protection Division of Water Resource ManagementBureau of Watershed Management 2600 Blair Stone Road, MS#3570 Tallahassee, Florida 32399-2400 Telephone No.: 850/921-9917 SunCom No.: 291-9917 Fax No.: 850/921-5217 SunCom Fax No.: 291-5217 E-mail Address: Patricia.sanzone(c~dep.state.fl.us _15. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for.- this "~"" Agreement is identified below. Robert S. Kosoy, P.E. City of Atlantic Beach Office of Public Works 1200 Sandpiper Lane Atlantic Beach, Florida 32233-4.3,18 Telephone No.: 904/247-5834 SunCom No.: 852-5834 Fax Na.: 904/247-5843 SunCom Fax No.: 852-5843 E-mail Address: rkosoyC~ci.atlantic-beach.fl.us 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life " of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide ~"' Workers' Compensation .Insurance for all of the Tatter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage'shall comply fully with ~~ the Florida Workers' Compensation law. Incase any class of employees engaged in hazardous work under this ~,,,, Agreement is not protected under. Workers' Compensation statutes, the .Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees ,_ not otherwise protected. '"'~ 17. -The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Contract.. - r* a 18. The Grantee covenants that. it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. _. 19. The Department may at any time,~by written order designated to be a change order, make any change in the .work within the general .scope of this Agreement (e.g., spermcations, time, .method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order that causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. e DEP Agreement No. G0013, Page 7 of 10 - AGENDA ITE11 #8F AUGUST 12. 2002 ~" 20: The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards ' that must be met for hotels and motels. The. Grantee. acknowledges that Federal funds may not be used to sponsor a conference, meeting,. or training seminar held in a hotel. or motel that does not. meet the requirements- of the ~""' Hotel and Motel Safety Act of 1990. 21. 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 a part hereof as Attachment G. a 22. 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. -: r _: B. An entity or affiliate who has been. placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public """' entity for the construction or repair of a public building or public work, may not submit bids on leases of ` . ' real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, `. or consultant under contract with any public entity, and may not transact business with any public entity. ~* The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list _< may be directed to the ~ Florida Department of Management Services, Office of Supplier Diversity, at ~, 850/487-0915. :, - 23. A. In accordance with Executive .Order. 12549, Debarment and Suspension (40 CFR 32), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for ~"" ,;debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from .. ,participating in this covered transaction, unless authorized in writing by EPA to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled "Certification Regardinig Debarments, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Federally Funded` Transactions' ; attached hereto and made a part hereof as ..Attachment H. ~'"^ C. As required by paragraphs A and B above, the Grantee shall include the language of this section-and Attachment H in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement.. r°~ ' 24. The Environmental Protection Agency and bepartment reserve aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:. ~" A. The copyright in anywork developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant ~*^ support: 25. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions ,;,,,, contained in Attachment I, .Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee DEP Agreement No. G0013, Page 8 of 10 AGENDA ITEM ;#SF AUGUST 12, 2002 ~+ """ acknowledges that the applicable regulations listed in Attachment J, Regulations, attached hereto and made a part hereof,. shall apply to this Agreement. 26. Any information technology purchased, produced, submitted or exchanged under this agreement must be capable of processing date data according to .EPA's Data Standard for representation of calendar dates (EPA Directive 2100, IRM Policy Manual, Chapter 5, Data Standards).:..This information is located on .the EPA website e„~ (http://www.epa.Gov/irrnpoli8/polman/chaptrOS.htm#calendar). Information technology acquired under this agreement should be consistent with the echnical Year 2000 requirements as described in the Federal Acquisition Regulation (http://www.arnet.~ov/far/current/htmUFARTOCP39.html#223485). ` 27. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications ._ or waivers of provisions to 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 ~,. ~""" t -. ~. A~s'4. . ~~ .. ~. . ~w., Y - ;..' .. p _ . .:. A.+.. ~~ ... ~ .. r eel .. DEP Agreement No. G0013, Page 9 of 10 ~, AGENDA TTEl'I #3F AUGUST 12, 2002 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly. executed, the day and year last / written below. CITY OF ATLANTIC BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ,. By: By: ~ A ..Title: Secr ry or de e ~. w t~ Date• _ Date• 2 d L t^ G ~,,,, DEP Grant Manager v ~'"" DEP Contracts Administrator Approved as to form and legality: ~~~ . Gh. S~l. c.~, .., DEP ttorney . FEID No.i 59-6000026 ... *For Agreements with governmental boards/commissions: ,If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental „~„ board/commission must accompany the Agreement. . ' `' List of attachments/exhibits included as part of this Agreement: ~ Specify Letter/ ' Type Number Description (include number of pages) +^~+ Attachment A Work Plan (14 Pages) Attachment B Payment Request Summary Form (1 Page) Attachment C Attachment D ~': Attachment E _, ' Attachment F Lobbying Disclosure Form (2 Pages) Attachment G Quality Assurance Requirements (4 Pages) '•~ Attachment H Attachment _ I Attachment J ~ - ~•, DEP Agreement No. G0013, Page 10 of 10 ~GEVDA ITEM NSF ~t.T~iL'ST 1~. 2~~2 j .. .~ ~ ATTACHMENT A WORK PLAN. ,~., CORE CITY STORMWATER MANAGEMENT SYSTEM IMPROVEMENTS fi ~. LEAD ORGANIZATION: CITY OF ATLANTIC BEACH, FLORIDA PROJECT LOCATION: The City of Atlantic Beach is a separate municipality in Duval ~* County, located on a barrier island east of the City of Jacksonville. A residential. area of 240 acres within the city limits of Atlantic- Beach is known as the Core City. The boundaries are ..Ahern Street on the south, 12th Street on the north, Beach Avenue on the east, and Sherry Drive and Seminole .Road on the west, as shown on the attached project location map: Over 840 ;residential Lots are within the Core City area, plus two major parks and municipal buildings, all on paved City streets with. stormwater drainage currently entering a lagoon system of lakes, ?~ canals and marshes that eventually discharge. into the Intracoastal Waterway and the St. Johns r River. The Lower St. Johns River has been declared. a priority restoration water body for the State of Florida with a Total Maximum Daily Load (TMDL) of pollutants to be established in a "^ report targeted by FDEP in Year 2002. Figure "A" of this report depicts the vicinity of the ! project area. ""' PROJECT OBJECTIVES: The primary objective of this project is to improve the water quality of the Waters of the State, including lagoons and canals. leading to the St. Johns River, while improving the drainage conditions and reducing flooding for the residents. of the Core City °"" area. This will be accomplished through the following actions: 1. Best Management Practices will be .incorporated into the stormwafer management ~""' `system. Newer models of baffle boxes specifically designed to improve removal of total r ~ suspended solids, as well as provide capture of floatable debris, will be installed and " monitored for comparison with historical data of the more conventional designs installed elsewhere. Beach outfalls will be redirected to the west. 2. An intensive monitoring program will be established to determine the effectiveness of the .- new baffle boxes. Salinity monitoring will be performed at Fleet Landing to determine. pre= and post-construction effects. .. 3.. The City of Atlantic Beach will conduct public education programs, including programs for. elementary and junior high school students, .handouts, signage and public meetings to ,~,, inform the public of project objectives and to encourage public cooperation on private property to reduce nonpoint pollution sources.. RENIAL~IDER OF PAGE INTENTIOV =ALLY LEFT BLAi~tK ~... -. DEP Agreement No. G0013, Attachment A, Page 1 of 14 AGENDA ITEM #8F :~LTGUST 12, 2002 ~. ~: The total project will implement the recommended improvements as stated in the Atlantic Beach ~* Stormwater Master Plan, originated during development. of the Stormwater Utility for the City. PROJECT .WATERSHED CHARACTERISTICS: The watershed of the Lower St. Johns ~"'^ River. is very large, beginning at Melbourne, approximately 225 miles upstream from the point of discharge of the Core City drainage system. The Core City area watershed is approximately 240 acres. .., F ...Land Uses within the Core City Watershed: ' "'" Urban 230 Acres / 95.8% - Parks 10 Acres / 4.2% Selva Lagoon begins within Howell Park .and is the historical receiving body for runoff from all ''~"~ of the Core City except those areas discharging directly to the Atlantic Ocean via beach outfalls at 8th Street and 10th Street. Selva Lagoon begins at Plaza and extends through the Selva Marina golf course, past Fleet Landing, through. several box .culverts owned by FDOT or the City of ~" Jacksonville, and out to the .marshes before entering the Intracoastal Waterway (ICWW). The current project design follows these normal drainage paths, except that stormwater flows currently discharging to the 8th Street and 10th. Street beach outfalls will be captured and discharged through the Selva lagoon system to the ICWW. ~,;, A considerable amount of area in the watershed is developed. Urban development hexe consists of residential homes, businesses, parks, associated parking lots, and streets. All of these create ~ ` ` ' impervious surfaces that prevent stormwater from percolating into the soils. The stormwater that" ,,,~, is diverted into specific areas to prevent flooding needs to be treated to protect the water quality ` of receiving waterbodies in the. area. There are no Outstanding Florida Waters, Wild and Scenic Rivers, Aquatic Preserves or Class I or II Waters receiving stormwater runoff from the Atlantic ,,,,, Beach area associated with this project. All receiving waters are .designated as Class III Waters. ` ' PROJECT DESCRIPTION.. r., Background: The City of Atlantic Beach began to realize the importance of a stormwater management plan in ~, , the late 1980's. A series of intense tropical storms and fringe effects from passing hurricanes in ` the early 1990's showed that the current drainage system was ineffective in both controlling ` ~ flooding and treating runoff as defined in the Water Management District,- FDEP and EPA -.~. regulations. The physical location of the City with respect to its municipal neighbors controls the performance of the stormwater management practice system, resulting in .frequent flooding areas such as the older Core City: For the vast majority of the Core City, runoff enters the ' downstream Waters of the State with no treatment. k ._ -. ~ - RENIAPiDER OF PAGE INTENTIONALLY LEFT BLA:~tK DEP Agreement No: 60013, Attachment A, Page 2 of 14 AGEND ~, ITE?~~I #8F AUGUST 12, ?002 ' Funding and direction by the City Commission was obtained to develop a stormwater master plan and acity-wide stormwater utility. A .formal stormwater master plan was completed in ~, 1995. that identified the Core City. area as the top priority for improvement. Stormw_ ater utility fees of $3.00 er E uivalentResdential Unit ER have been established throu <n , p q ( ~ ghout the City, and- the funds are being used to improve the stormwater management ditches and collection ,~ systems within the City. Design is currently underway for a major. stormwater management system project, along with improvements to select aging potable water systems and some sanitary sewer systems that could not be rehabilitated with the recently completed cured-in-place-pipe (CIPP) process. The stormwater design is difficult, in that the majority of homes were built long before regulations. °^ for stormwater management were developed, and considerations must accommodate the barrier island topography. Due to potential adverse :impacts resulting from the construction `of stormwater treatment ponds in City parks, alternate designs using Best Management Practices """" - (BMPs) are being proposed. The EPA Section 319 grant will aid the City in constructing and, monitoring three large baffle boxes to be installed at outfalls to Howell Park and Selva Lagoon. In addition, substantial piping and street reconstruction will be accomplished east of the Core "~"" City project area to capture and reverse stormwater flows from the existing 8th Street and loch Street beach outfalls, directing this. runoff to the Se1va Lagoon system. This will eliminate the. substantial existing beach erosion that occurs at these two .existing outfalls. The City will be '~" paying all costs associated with design. Figure "A" of this report shows the locations of the. _ proposed baffle boxes. ,: Project Approach: ~ The basic portions of the Grant Program will be: 1. Conduct public meetings to `inform the .residents of the. upcoming construction and the . ,~,,, .purposes of the Best Management Practices, including .education in practices within private property that will reduce nonpoint pollution sources. ,,,~,, 2. Complete project design, bid and award the construction protect. 3. Construct the stormwater management improvements, including beach outfall reversals „~,, and baffle boxes to collect, treat and discharge storm runoff from the Core City area to ` the Selva Lagoon and canal system. ~, 4. Establish monitoring sites associated with the BMP installations within the Core City area. Monitor water quality to demonstrate improvement resulting from the new BN1P .construction. - ~~., ` 5. Conduct public education programs before, during and after construction. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0013, Attachment A, Page 3 of 14 .~ aGE\Da ITEM #8F AL Gti ST 12, 2002 ^...' TASK 1 -PRE-CONSTRUCTION ACTIVITIES , To develop baseline data, for .water quality improvement, initial procedures must be undertaken. r These procedures include field `inspection and photographs, and recording of areas that contribute to or require improvement for Positive Upstream. Stormwater Management. 1. Field inspect and photograph the streets, lots, and beach erosion areas within .the Core City area in Atlantic. Beach to record the physical conditions of the streets, private ~+ properties, and beaches before. construction to document typical stormwater runoff, ± potential nonpoint pollution, and beach erosion. Photographs will be taken in the Core City area after storm events of various intensities. ~' ti 2. Note and. record all areas that both contribute o the stormwater problems and/or require .improvements for Positive Upstream Stormwater Management for both-City rights-of- '~.' way and private property, 3. A DEP approved Quality Assurance Project Plan will be developed and implemented for `"" 'the monitoring program. 4. The City will be reconstructing Sherry Drive from Ahern Street to 8th Street. These '"" reconstruction activities will include the construction of one of the main storm'sewer trunk lines as well as .outfall stubs. to the 5th and 7th Street outfalls. Thin system will be connected to existing .outfalls to Howell Park with the new outfall stubs plugged during ~""' this phase of construction. The outfall plugs will be removed when the remainder of the Core City drainage project is completed and the proposed baffle boxes installed. ""~ 5. Salinity monitoring will be performed prior to installation of a permanent weir at Fleet Landing.. .TASK 2 -PUBLIC EDUCATION PROGRAM The City of Atlantic Beach will perform the following tasks as part of a Public Education :Program: - ~, 1. Elementary and junior high school visits will be conducted to educate students of the efforts .and reasoning that go into a stormwater management practice improvement . - - project.: ~, 2. Handouts for the citizens of Atlantic Beach describing the steps to be .taken for construction, the alternatives available for stormwafer management, and steps that. ,~., citizens can take to `help themselves and their neighbors improve drainage and water quality will be developed. .~, 3. Provide construction funding acknowledgement signs at various locations throughout the construction areas, and provide permanent signage in public access areas describing stormwater management in the City and how it relates to water quality in the St. johns ~, :.:....River and local waterbodies. DEP Agreement No. G0013, Attachment A, Page 4 of 14 AGENDA ITEIVI #8F AUGUST 12, 2002 ~~ 4. Develop a public education program, consisting of education materials to be presented to " " the public, to improve the public's understanding and knowledge of the City and State ,~., :; environmental stormwater pollution control efforts and goals. A major component will be to utilize existing materials developed under the nonpoint source management programs. Develop and submit for review and presentation to the City Commission ten ~* (IO) sets of the public education materials with a schedule of up to five (5) public meetings for presentation and dissemination of the materials. ~* 5. Following the public meetings with citizens, establish meetings with the St. Johns River Water Management District (SJRWNID) and U.S. Army Corps of Engineers (COE) to review the recommendations and Positive Upstream Stormwater Management treatmenf °~'^ _ concepts as developed in the public meetings. - ._ 6. The deliverables willinclude development of.recommendations for future improvements "" to public and private property that will aid in reducing the amount of stormwater runoff s . and reducing the amount of nonpoint pollution from reaching the waters of the City and the State. ~• TASK 3 - STORMWATER BMP IMPLEMENTATION The design and construction of the Core City project will include all BMP implementation. The sub-tasks basically constitute the deliverables for the task, which include: ' 1. Construction .Plans as developed for bids, with as-built drawings completed after .construction. ., 2. Permits obtained from the SJRWMD, USACOE, and FDEP. - .-+ 3. Photographic documentation of the project construction. ,,;,,,, 4. Baffle boxes will be installed to intercept sediment and floatables before entering Waters of the State. It is expected that the construction will improve downstream water quality. ,~.,,- 5. Development of procedures for maintaining the 'new collection and treatment systems. If necessary to continue operation and maintenance of the new BMP devices, ordinances - will be drafted or revisions proposed to existing ordinances for presentation to the City ,~. Commission for review and approval. -k ' 6. Stormwater collection system extensions will be 'constructed to intercept stormwater .~ currently discharging to the public access beaches at 8th Street and 10th Street. This stormwater will be piped to the proposed Core City stormwater collection system, which will be constructed to accept. this additional flow, for discharge to the Se1va Lagoon and ~+ - ,canal outfall system to the ICWW. Modifications will be made to the existing control weir at Fleet Landing, well downstream of these beach outfall reversal discharges into Selva Lagoon, to .mitigate all hydraulic impacts of this additional `.discharge to_ the !~ ' lagoon/canal system... ' DEP Agreement No. G0013, Attachment A, Page 5 of 14 AGENDA ITEM ~3I' AUGUST 12, 2002 r ~n TASK 4 -POST-CONSTRUCTION ACTIVITIES The City has proposed a balanced and comprehensive approach to stormwater management in w. 'order to minimize. pollutant discharges into the Lower St. Johns River and to eliminate existing Y discharges of untreated stvrmwater onto the City's public- beaches. The final Performance and ~^+ Water Quality Monitoring Plan will be developed in coordination with the St. Johns River Water Management District and the. Florida Department of Environmental Protection. This program will monitor. the water quality control effectiveness of the Best Management Practices (BMPs) ~~"" installed in the Core.City area.. To assess the results of water quality improvements after construction of the BMPs, the ~"" following sub-tasks will be performed: F 1. Field inspect and photograph the same streets, lots, and beach outfall areas within the ~`" Core City area as recorded in the Pre-construction Activities (Task 1) to document any changes to the physical conditions of the streets, private properties, and beaches, and to record the effects of reduced stornnwater runoff and any reduction in nonpoint source. °~"" pollution.afterBMP implementation. 2. Note and compare the areas -that received BMP implementation with pre-construction i conditions. h 3. Monitor the effectiveness of the BMPs. See the attached "Post-construction Stormwater - Quality Monitoring Plan." The water quality monitoring plan details how the City will ' perform post-construction monitoring and testing. This plan will be implemented for the collection and analysis of water quality data. ` Parameters to be sampled are contained ` ,,..~ within the plan. Methods for data collection are also contained in the plan. ,~,~ 4. A component of this project involves developing a detailed and systematic record- . _ keeping system to monitor maintenance activities on each BMP element. Logs will be: ` ' kept on staff, equipment and energy used in maintaining and operating the respective.. ,~,. BMPs. A record will be kept of the amount and types of debris/pollutants- collected and t disposed and of disposal location in order to monitor how often the BMPs were cleaned out and how much debris ,was removed. Log information available at completion of the ,~.~, project will be included in the project final report. The City staff will continue recording data as part of the on-going stormwater system. operation and maintenance program. ' ,TASK 5 -bRAFT FINAL PROJECT REPORT Develop a Draft Final Report and submit ten (10) sets for review and presentation to the City ` Commission. Upon approval, submit as a deliverable to the FDEP one copy of the Draft Final Report that will include the following: 1. Results of the field inspection of properties with a summary of the :findings. DEP Agreement No. G0013, Attachment A, Page 6 of 14 AGENDA ITEM #8F ~LTGUST 12, 2002 F 2. An outline of the public education program, including results of the citizen public meetings and the agency meetings on Positive Upstream Stormwater Management. Any citizen initiatives resulting from this project will also be noted. 3. A list of .recommendations, with preliminary details, for development of Best 'Management Practices and related improvements to public and private properties that G will aid in reducing the amount of stormwater'runoff. and other nonpoint:~ sources of pollution from. reaching the Waters of the, City and State... ~. ~_, 4. Accurate .accounting of quantities and costs of items installed for-this grant contract project. S. Test results of the water... quality .monitoring (including a table showing rain event hydrographs with corresponding total area runoff, water quality data, and estimated mass "'""" loading data for each major rain event sampled during the project years), baffle box effectiveness evaluation (estimated treatment efficiency [pollutant load reduction] percentages for the baffle boxes compared to areas of theCity with nobaffle boxes and a' .~ data evaluation to establish a statistical comparison of water quality improvements using t the baffleboxes), and the significance of the results forthe-City in future development of the stormwater management program. 6. Proposed operation and maintenance .schedule and cost estimates for the individual baffle boxes based on the performance and maintenance data. If any ordinances need to be ` developed or revised to continue implementation of the additions to the stormwater '` management system brought about by this project, drafts for review and approval by the r,,,,, City Commission will be included in the project report (or adopted versions if applicable). ~. _, ,~,,,, 7. Problems encountered,during project. 8. -Project cost accounting related to grant and matching fund expenditures. 9. Photographic documentation of the project from beginning to end in the report or a ;_ presentation on disk to be included with each final report copy. ..~ _ TASK 6 -.FINAL PROJECT REPORT _ ~; A final report will identify each task of the project, and describe in detail each aspect, analysis, ~. ,, and conclusion resulting' from the implementation of the BMPs. Develop and submit for review ~. - and presentation ten (10) sets to the City Commission and the final deliverable submittal to the FDEP of five (5) sets of a Final Report to include: ^~^ 1. Revisions to the Draft Final Report as requested by FDEP staff. ~.. 2. `Copies of public education materials distributed. 3. One set of final project as-built plans associated with the grant contract. DEP Agreement No. G00I3, Attachment A, Page 7 of 14 k aGEND a ITFl,1 #SF aUGLTST 12, 2002 ~'*"+ 6. .. ':.. ` 4. Presentation disks if applicable. ~- FINAL PRODUCT/DELIVERABLES: ,~ 1. Quarterly progress reports will be submitted to FDEP as outlined in the contract. 2. Cost reimbursement invoices will be submitted regularly and will relate to work outlined in previous progress reports or in a progress report submitted with the invoice. £. _ 3. Copies of construction permits. 4. Draft Final Report. ~" - 5. Final e Report (five paper' copies in addition to an electronic version iri either Adobe or Word format) with photographic documentation of the project to include construction and signage at a minimum. Digital, slides, or video is """ acceptable. The report will also include a summary of monitoring results. 6. Other final work products, including as-built plans associated with this project, copies of press releases, and fact sheets or other. materials distributed to the public ~"' and students. - _: 7. Permanent signage in at least two locations within the city. REM~VNDER OF PAGE INTENTIONALLY LEFT BLANK ~+ R• .. ...:. ... ,. F .. 1~1 P :... _.. ~, ,. . ~ .. DEP Agreement No. G0013, Attachment A, Page 8 of 14 ` AGENDA ITEIVI #8F _~LTGUST 12,2002 ; t^ s*~ r PROJECT MILESTONES: Tas k Months After Agreement `Descri ption Execution to Completion Task 1-Pre-construction Activities a. Field Inspection & Photograph Physical Conditions of Area 3 months b. Inventory Areas Contributing Stormwater 3 months c. Obtain FDEP QAPP 16 months d. Perform Salinity Monitoring at Fleet Landing 3 months Task 2 -Public Education Program ?'^ a. Develop Program for Citizen Awareness ~ 3 months b. Develop Materials for Distribution to Citizens 3 months c. Present Program & Materials to City Commission 6 months ¢"^ d. Distribute Info. About Construction Activities 7 months ` e. `Temporary Construction Information Signs Posted 4 months f. Elementary & Junior High School Programs 21 months '""" g. Public Meetings for Positive Upstream Stormwater Management 12 months h. Meet with Regulatory Agencies 16 months i. Develop Private Property Improvements Info. & Distribute. 21 months '~""' j. Permanent Public Information.Signs Posted 21 months Task 3 - Stormwater BMP Implementation a. Design & Permitting 1 month b. Bid & Award. Construction Project 1 month c. Complete Construction (BMPs Installed) & Photo Documentation 19 months d. As-Built Drawings Completed 22 months e. Develop 0&M Program 17 months .~. f. Develop or Revise Ordinances if Needed 31 months t Task 4 -Post-construction Activities - a. _ Field Inspection & Photograph Physical Conditions of Area 31 months r b. Compare to Pre-construction Conditions- 32 months c. Water Quality Monitoring & Analysis Program 32 months ,~,,,, d. Develop Record-Keeping System for BMP Maintenance 19 months e. BMPs Effectiveness Evaluation 32 months ;,,,. Task 5 -Draft Final Report a. Draft Final Report _ 33 months _ r b. __ , Present to City Commission & Make Revisions if Needed ~ 34 months ~ c. Submit Draft Report to FDEP for Review 35 months d. Review Comments from FDEP Sent to City 36 months ~. Task 6 -Fin al Project Report a. Final Report, Public Education Materials, & As-Built Plans E _ Submitted to FDEP ~ ` 37 months b. Final Invoice (within 30 days of contract expiration) DEP Agreeme nt No. G0013, Attachment A, Page 9 of 14 EXHIBIT A POST-CONSTRUCTION STORMWATER .QUALITY 1bIONITORING PLAN CITY OF ATLANTIC BEACH FLORIDA AGENDA ITEM #8F , , AUGUST 12, 2002 ~^^. . Following the construction of BMPs, water quality will be monitored for the .subsequent four ~, quarters. Six monitoring locations are proposed for the project area. Monitoring locations are proposed to be located ~at the three baffle boxes to be installed in Howell. Park. Samples will be collected from stormwater prior to entering and -after exiting the three baffle boxes (upstream and downstream sampling). Figure "A" of the Work Plan shows the locations of the proposed baffle ~'^ ' ` boxes. C -: . .. A seventh monitoring location is proposed for Fleet Landing for the purpose of salinity testing. ~. , Samples will be collected for storm events at or exceeding I-inch of rainfall depth as recorded in the rainfall gauges linked to each of the automatic samplers. ,-- ~: `Quality Assurance Project-Plan ... The sampling methods utilized will be consistent with the procedures outlined in a FDEP approved Quality Assurance Project Plan (QAPP). All personnel involved with sampling and ..analyses will be approved. under the QAPP. , 'u Methods of Collection ~., F Theestormwater sampling will be conducted in accordance with -the. Environmental Protection Agency's (EPA) requirements for wet weather sampling. Discrete samples will be collected ,,,,, during rain events only after a minimum of one-inch of rainfall has occurred. In addition, a flow-weighted sample will be collected at each sampling point. Sample collection -will be performed using personnel approved under the approved QAPP. Automatic samplers linked to ~„ rain gauges for sampling activation will be used for sample collection. Atypical sampler will consist of at least,the following features: • rainproof and lockable carrying enclosure, • a 2.5 gallon polyethylene sample bottle for a. first flush sample, • a 2.5 gallon polyethylene sample, bottle for aflow-weighted sample, r- • a peristaltic pump, • a control panel enclosed logic regulator, ~. a rain sensor and a water sensor (both with 15' of cable), "~" • a rechargeable 5 AH gel cell battery and battery charger,. and - • a 15' long sample pickup hose with removable debris strainer. • two staff gauges for salinity monitoring. ,~ DEP Agreement No. G0013, Attachment A, Page 10 of 14 AGE~iDA ITE~~I #8F AUGUST 12, 2002 Rainfall measurements will be continuously taken in 1 S minute increments throughout the duration of the water quality monitoring effort while using the automatic samplers. Additional rainfall gauges will be used. at Howell Park, Bull Park, and the City of Atlantic Beach Water t Treatment. Plant No. 2. All rain gauges will meet US Weather Bureau specifications. ~** Stormwater Quality Parameters Stormwater samples will be collected for laboratory analysis for the following parameters: ~.. Cadmium Total Chromium Copper Nitrate/Nitrite Lead Zinc BOD Total Nitrogen..... ~""' TKN - Iron TSS , *Salnity . Ammonia Total.Phosphorous ` Ortho Phosphorous '""" The field parameters temperature; pH, conductivity and dissolved oxygen will be recorded at y ~ _; each sample station.. ~ "" *Only at the Fleet Landing culvert for pre- and post-construction. Inspection of Baffle Boxes Baffle boxes should be inspected monthly for sediment. accumulation. The accumulated sediment should be cleared from the baffle boxes regularly and disposed of in accordance with ~" applicable State and' Federal regulations. At no time should the storage capacity of the baffle r boxes be reduced by sediment accumulations to below the manufacturer's. recommended level(s). Sediment Sampling from Baffle Boxes During the one year duration of the stormwater monitoring program, sediment samples should be collected twice from the material that accumulates in each of the baffle boxes: Sediment samples should be collected prior to removing the material from the baffle boxes. Samples should be collected using a stainless steel trowel and be submitted in the appropriate containers supplied by the laboratory approved in the QAPP. All sediment sampling procedures. and personnel should be detailed in the QAPP. Sediment samples will be analyzed for cadmium, lead, total chromium, - ,.~ zinc, iron, and copper..: - Documenting and Reporting ,Following each sample event, a summary report will be prepared. The report wi1L include: date " ` and time period of the. rainfall event;. total rainfall and average rainfall intensity; elapsed number ,.~, of days. since the last storm event (>I"); date, time, and location of sampling; method of sample .:preservation; summary of field activities; name and address of laboratory performing analyses; results of the laboratory analytical work; and pollutant. removal efficiencies. Results of sediment ,~+ -: .sampling should be included with two of the; reports. REIiAINDER OF PAGE INTENTIONALLY LEFT BLANK ~: DEP Agreement No. G0013, Attachment ~,, Page 11 of 14 R - - G AGENDA ITEM #8F AUGUST 12, 2002 ..~ . 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C ~JCit i i i' ` 1-~~~tc.~.~-.. i ,~,~ ,}~~\~lit\\~~./~'j~ ~_-....-~"S(~^ ~s T. j :. 3 1 i/ir~ - t~~ tt li. - -...,rc1r ~ .. l 1, - _ _ ~. r=~~ r- 1 I br II J r~~ `Q~~ r~ 'i ii j1 11 - i ~i __ =if ~~ 1t i - -.. '- - .. , tl II J~I~Y~~~~~i lJ` ,t 11 ~~~_' -T:~.1.~ ~~q7 ~ ~1~~a~~(Lpp~ ~ t' }i - ._.J` ~-_' --- --' '.~lr~tr._, C `~ r`- ~'t.~ 11 ii ~ 1t", y~te ~y NW' 1~ //. ~~, 1~ _~'~ •, 1; ,~ -~ ~,~''~''~` 1r r `j 1 nHe't ~ ~ t ~~ ~.~ n ie. ~..J _--t _. ~r 1 i< ~~~ L~'R2f' ~ 11 11 ~ +c>;U Q~„ 't , !^` ~ ~ `-- iL ` p. ,~~ ." _ I , '~6 1t ,~ ~ - t1 ' 1 r-~ «CUa 1 ' ~` ~'! ' __,i C3}'„BAFFLE.,. ~~ ; ,',; ©~ ~'~~ ~n_~-= ~ ~~>~,T ~---- 5~~~_ X~'*~ ,, ',t BOXES .~, t,~ ,:` ,~~-~- ;'~~~ ~t>:~ ~`'' -': ' 1 --- -- - -- °_------°--------" ------_~~Q~~~ .~ ~ , 1 1 1 .. AGENDA ITER~T #8F AUGtiST 12, 2002 F, DEP CONTRACT BUDGET FORttiI ~• PROJECT TITLE: CORE CITY STORMWATER MANAGEMENT SYSTEM Il~II'ROVElV1ENTS CITY OF ATLANTIC BEACH...; ,,,. TOTAL PROJECT BUDGET: ~: ~ _ 1. PERSONNEL EXPENSES Hourly Cost x Hours _ Totals ~, $ 2. SUPPLIES Unit Cost x uanti = Totals n $ ~"°" 3. EQUIPMENT Unit Cost x uanti = Totals ,..., ~, 4. TRAVEL- Totals .-~ $ 5., CONTRACTUAL ,- Name or Services _. Totals Aikenhead & Odom Engineers (Final Design Cost) $ 639;894 .., Proect Construction (Estimated Cost) $4,676,000. ' '"'"' Construction Engineering & Inspection (Estimated Cost). $ 240,000 ~. Monitoring (Estimated Cost) $ _ 80,000 Public Education/Demonstrations (Estimated Cost) $ 20 000 , ~., Total Contractual $5,655,894 ,,,a 6. MISCELLANEOUS Unit Cost x uanti = Totals r "`~""~' 7. OVERHEAD/INDIItECT Rate x Base = Totals . 8. TOTAL BUDGET X5.655.894 *~ ~: CONTRACTOR: CITY OF ATLANTICBE~.CH FLORIDA DEP Agreement No. G0013, Attachment A, Page 13 of 14 P'^ - & .. ~ AGENDA ITE_l~1 ~3F AUGUST 12, 2002 ~.~, AMOUN i': EPA 319h Grant $428,450 City of Atlantic Beach $5,227,444 Total Project Cost $5,655,894 Total Non-Federal Match $5,227,444 319 Grant City of Total Atlantic Beach Design $639,894 $639,894 Construction $388,450 $4,287,550 $4,676,000 CE&I $240,000 $240,000 Education $10,000 $10,000 $20,000 Monitoring $30,000 $50,000 $80,000 Total $42.8,450 $5,227,444 $5,655,894 Funding % 7.6% 92.4% ' 100.0% x ~ ~ AGENDA ITEM #8F AUGliST 12, 2002 a.. ~-" ATTACHMENT B . PAYMENT REQUEST SUVII'~TARY FORIVT ~'^ GRANTEE: GRANTEE'S GRANT MANAGER: DEP AGREEMENT NO.: PAYMENT REQUEST NO.: ° DATE OF REQUEST: PERFORMANCE k , PERIOD: ~^ AMOUNT. PERCENT MATCHING REQUESTED:$ REQUIRED:_ ~" GRANT EXPENDITURES SUMMARY' SECTION [Effective Date of Grant through End-of--Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUM[JLATIVE PAYMENTS MATCHING FUNDS Salaries $ $ $ Fringe Benefits $ $ $ Travel (if authorized) $ $ $ Subcontracting: Planning. $ $ $ Design ~ $ $ $ Construction $ $ $ Construction Related Costs $ $ $ Equipment Purchases $ $ $ Supplies/Other Expenses $ $ $ Land $ $ $ Overhead $ $ $ TOTAL REQUESTED $ $ $ TOTAL GRANT AGREEMENT $ Less Total Cumulative Payments of: $ TOTAL REMAINING IN GRANT $ ~"' GRANTEE CERTIFICATION ~° . The undersigned certifies that the amounts being requested for reimbursement above were for items that were charged to and utilized only for the above cited grant activities. ~""` Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name _ Print Name Telephone Number Telephone Number . DEP Agreement No. G0013, Attachment B, Page 1 of 1 r AGENDA ITEM NSF AUGUST 12, 2002 e~ ATTACHtii LENT C Comptroller Contract Payment Requirements Department ofBanlcing and Finance, Bureau of Auditing Manual (10/07/97) 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 he dates of service.. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: ~»* (1} Salaries: A payroll register or similar documentation should be submitted. The payroll. register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document ¢.,., reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe. Benefits:.. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than. the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. "_'"' Exception: Governmental entities are not required to provide check numbers or copies f :.: 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 nonexpendalile 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- r. 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. r (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified. rate, then the calculation should be shown. .~, Pursuant to 216.346, Florida Statutes, a contract between state agencies including. any contract involving the State University system or the State Community College system, ,~- the agency receiving the contract or grant moneys shall charge no more than 5 percent . of the total cost of the contract or grant for .overhead or indirect cost or ,any other cost -- not required for the payment of direct costs. ' ,~., `: ~, DEP Agreement No. G0013, Attachment C, Page 1 of 1 DEP Agreement No.: G0013 Grantee Name: City of Atlantic Beach Grantee Address: 1200 Sandpiper Lane, Atlantic Beach, Florida 32233-4318 Grantee's. Grant Manager: Robert S. Kosoy, P.E. Telephone No.s 904/247-5834 Quarterly Reporting Period: Project Number and Title: Core City Stormwater Management System Improvements Provide a summary of project accomplishments to date. (Include. a comparison of actual accomplishments to the objectives established. for the period. If goals were not -met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated .delays. .. Provide any additional pertinent information.including, when appropriate, analysis and explanation of cost overruns or high unit costs. DEP Agreement No. G0013, Attachment D, Page 1 of 2 AGEND:~ ITIJM #8F ~,tiGUST 13, 2002 (continued from page l) ., Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Provide a project budget update, co Budget Total Project Category Budget mparing the projectbudget to actual costs to date. Expenditures Prior to this Expenditures Reporting this Reporting Project Funding Period Period Balance This report is submitted in accordance with the reporting requirements of DEP Agreement No. °" ~ G0013 and accurately reflects the activities and costs associated with the subject project. i ,.. ~ .. Signature of Grantee's Grant Manager Date ~' DEP Agreement No. G0013, Attachment D, Page 2 of 2 AGENDA ITEM #8F AUGUST 12, 2002 ATTACHII~IENT E SPECIAL AUDIT REQUIREMENTS... _ _ ~. The administration of resources. awarded by the Department of Environmental Protection (which may be referred to' ` - as the "Department'; "DEP", "FDEP" or "Grantor'; or other name in the contract/agreement) to therecipient (which may be referred to as the "Contractor'; Grantee" or other name in the contract/agreement) may be subject ~"~' to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING _ .. In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as k revised (see "AUDTTS" 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 Comptroller or Auditor General. AUDITS , .~, PART I: FEDERALLY FUNDED This part is applicable _if the recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised. ~, L In the event that the recipient expends $300,000 or more in Federal awards in its fiscal'year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular ~, A-133, as revised.,EXHIBIT l to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal ` year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended ~ should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of ~. the. recipient conducted by the Auditor General` in accordance with the provisions of OMB Circular A-133, as revised, will meetthe requirements of this part. ,,~,,, ` 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as ,.M„ revised, ' 3. Ifthe recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordancewith the provisions of OMB Circular A-133, as revised, is not required. In the event that the '~' recipient expends Less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources ~^ obtained from other than Federal entities). , 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA} via ~,,,,, the Internet at http://aspe.os.dhhs.~ov/cfda. ` - REMAINDER OF PAGE INTENTIONALLY LEFT BLAi~ZC sA+ DEP Agreement No. G0013, Attachment E, Page I of 5 DEP 55-215 (01 /02) ~, AGEND A ITE11T NSF ~ ~ _ ALrGUST 12, 2002 ~; PART II: STATE FUNDED _ This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. „~,,, 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single orproject specific audit ' for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 ;~ (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this. Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall _ . _. ?"* consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does-not include Federal direct or pass-through awards and resources received by a nonstate ,.,,,, entity for Federal program matching requirements. a , ' 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This-includes submission ~"""' of a financial reporting package as defined by Section 215.97(2}(d), Florida Statutes,`and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and. for-profit organizations), Rules of the Auditor General. ~^+ - . 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the ~, recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an F 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). ': c 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http://sun6.dmsstate.fl.us/fsaa/catalo~ htm or the ,~« Governor's Office of Policy .and Budget. webste located at http://www.eoQ.state.fl.us/ for assistance. In addition to he above websites, the following websites may be accessed for information: Legislature's ' Website httn://www.legstate.fl.us/, Governor's Website httg://www.fl~ov.com/ Department of .Banking and Finance's Website http://www.dbfstate.fl.us/, and the' Auditor General's Website ~; n httpa/wwwatate.fl.us/aud~en. r' PART III: OTI3ER AUDIT REQUIREMENTS f ~.•. (NOTE: This part would be used to specify -any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity s policy (i. e., the audit is not required by Federal or State laws „~,,, _ and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to .audits ' `conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State .awarding agency must arrange for funding the full cost of such additional audits.) r~ . PARTIV REPORT SUBMISSION r~ 1. Copies- of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, ~ and required. by PART I of this Agreement shall. be submitted, when required by Section .320 (d), OMB Circular A-133, as revised,. by or on behalf of the recipient du. ectly to each of the following: ' ~-. . - RE~1_aINDER OF Pf1GE INTENTIONALLY LEFT BLANK h: DEP A~eementNo. G0013, Attachment E, Page 2 of 5 DEP SS-215 (01/02) ~: ~, ., AGF\DA ITEM #3F AUGtiST 12, 2002 A. The Department of Environmental Protection at each of the following addresses: r-~ _ _ _ Audit Director Florida Department of Environmental Protection ~,,,,, Office. of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 "'"' B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: ~+, , Federal Audit Clearinghouse Bureau of the Census ...:1201 East 1 Oth Street ~" Jeffersonville, IN 471.32 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), ~^ - OMB Circular A-133, as revised ; 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the ~ reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following . F addresses: Audit Director . """"- ' Florida Department of Environmental Protection ' Office of the Inspector General, IvIS 40 2600 Blair Stone Road ~,., Tallahassee, Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement shallbe submitted by or on behalf of the recipient directly to each of the following: ..~ A. The Department of Environmental Protection at each of the following addresses: ~ Audit Director _ Florida Department of Environmental Protection F Office of the Inspector General, MS 40 2600 Blair Stone Road °"~" Tallahassee, Florida 32399-200 B. The Auditor General's Office at the following address: - State of Florida Auditor General ` Room 401,. Claude Pepper Building 111 West Madison Street- '^ Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by FART III of this Agreement shall be submitted by or ~ on behalf of the recipient directly to the Department of Environmental Protection at each of the following ' addresses: ` rt,,., Audit Director ~ Florida Department of Environmental Protection r Offce of the Inspector General, MS 40 2600 Blair StoneRoad """' - Tallahassee, Florida 32399-2400 DEP Agreement No. G0013, Attachment E,-Page 3 of 5 DEP 55-215 (01/02). ~, ,_ AGENDA ITEM #3F AUGUST 12, 2002 5. Any reports, management letters, or other information required to be submitted to the Department of ,~* Environmental Protection pursuant to this Agreement-shall be submitted timely in accordance with OMB z Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting fmancial 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 fora . ,~. period of 5 years from the date the audit report is issued and shall allow the Department of Environmental. Protection, or its designee, Comptroller, 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, A•, Comptroller, 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 ~. sue, _. r-+ _ R" r-+ ~. ~. . ~.., ~, DEP Agreement No. G0013, Attachment E, Page 4 of 5 DEP 55-215 (01/02) ~ O ~ Cp C p O ~ O J ~ .. ~ N ,^-i 4 i! f ~ !~ O j 0 ~ 0 R 1O.u ( V r-1 F--1 L C ~- [, Q ~ a ~^+, i s ~~ ~. ~ ~ C E ~ '~ ~ Q ~ ~ Q C ' ~ W C " a N V D ~ ~ 3 ~ LL. s*e ~ d C O :~ . + pu,~ O ~ . ~ a p ~ (/') 0 ~ h Q V N c ~ O ~ o a~ ~ C + ` 1' _ ~ . N C .a L,L 3 O ~ ~ v L ~ c i y,~ ~~ N y ° o. U ~ a~i a 0 oZ o y ~ ;~ m v ~ ~ .. ~ ~ O ~ C ~ ~ ~ ~ m `~° ~ __ i tv ~ ~ ~ ~ ~ L C 0 ~ U~ c ro O C C ~ ~ .v O ~ -6 I- ~~ c. w u°. o -° -°~'- ~ .`gym Q o ~ ~ H . ~ °-,,,~ ~ ti °-+' u°, can , o ~ ~ ~ ,'-' i= c p~ ~ w U cn c a~~i ~ o o Q ~ ~ ~ ~ ~ :a Z O ~ ~N '~ U.. Q `"' ~ m U. C i V U ~~ N _ i ~ W W i ~^ ~ d i. a c t W ~O ~ ~ L U' Vl O O (.> > ~ ~ O ~. Q >. _,~ ~ Z a. H y z ~ ~ a ~3 ~ _ a0+ as.+ +'_+ a c Y f- ++ O ,O ~ Q ii 3 L ~ ~ ~ ~ ~ ~ ~ } U~ ~ ~'^ ¢ a3 VZ~ i V ~ c''n,u Lod ~ C d d ~ ~ o 0 ~ O C C aCi m o v~ a t v ~ ~ u-~-u'a ~ U O p O _ ~ O _ ~ U a a' 'C ¢~ O Q O~ o ~°, c O +.+ '+r +.~ -° .D ~ ~ L L1J ,O ~ ~ 'C ~ ~ C ~ ~ ~ ~ ~ R ~ ~ ~ ~ ~ C v ro ~ ~ ~ 3 ~,; ° ° .c rn a a w ° .R p i- W Q y H v; a c7 Q ~ r0 ~ O f0 a ~ ~ N ~ ~ '' a a~ o ~ o ~ L 'a CJl C •Q1 ~ '~ C31 ~ ~ 1Q ~ ~ u ip i~ ~ N ~ ~ vw A Q .•. -~ ~ ~ AGE\'D~ ITEM #3F AUGUST 12, 2002 ~"' ATTACHMENT F - Approved by ONiB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) .•, 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type. ct ~ ~ a. contra a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-awazd d. loan For Material Change Only: e. loan guazantee f. loan insurance - Year' quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name ~ Prime ~ Subawazdee and Address of Prime: . Tier . ifknown: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7.. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, rf known: 9. Award Amount, if known: S • 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (rf individual, last name, first name, MI): different from No. IOa) (last name, first name, MI): attach Continuation heels S F-LLLA i necessa 11, Information requested through this form is authorized by title 31 U.S.C.. Signature: section 1352. -:This- disclosure of lobbying activities is a material representation of tact upon which reliance was placed by the tier above Prmt Name: when this transaction was made or entered into. Tbis disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Title: Congress semi-annually and will be avaitabfe for public inspection. Any .; person who fails to file the required disclosure shalt be subject to a civil Telephone No.: Date• penalty of not less than 510,000 and not more than 5100,000 for each such ' failure. Federal Use Oniy: Authorized for Local Reproduction Standard Form - LLL (Rev 7 - 97) -Form DEP 55-221 (01/01) Pagel of 2 DEP Agreement No. G0013, Attachment F, Page 1 of 2 DEP 55-~15 (01/02) _' AGENDA ITEM #SF AUGUST 12, 2002 r•, INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES t'"' - This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title 31 .•± U.S.C. section 1352. The filing of a form is ,required for each payment or agreement to make payment to any ' lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee. of Congress, or an employee of a .Member of Congress in connection with a ~ covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer ~~ to the implementing guidance published by the Office of Management and Budget for additional information.. 1. Identify the type of covered: Federal action for which' lobbying activity is and/or has been secured to ~"'" influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. .~ 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which. the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered. Federal ~'" `, action... 4 - .. ' 4. Enter the full name, address, eity, state and-zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the -tier of the subawardee, e.g., the first ~ - subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. s^ 5. If the. organization filing the report in item 4 checks "subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. ~" 6. Enter the name of the Federal agency making the award `or loan commitment. Include at least one organizational level below agency name, if known. -For example, Department. of Transportation, United States Coast Guard. ~"'_ 7. Enter the Federal program name or description for the covered Federal action (item l). 'If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants; cooperative agreements, loans, and loan commitments. ~*! _ ;~ 8. Enter the most appropriate Federal identifying number available for the Federal action identified in -item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixe§, e.g., "RFP-DE-90-001." 9: For a covered Federal action where there has .been an award or loan commitment. by the Federal agency, °enter the Federal amount of the award loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting. ~,;; entity identified in item 4 to influence the covered Federal action.. p, • (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and 14IiddIe Initial (MI). .. ' 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it '""" displays a valid OMB Control Number. The-valid OMB control number for this information collection is OMB No. 0348=004b. Pu61ic reporting burden for this collection of,information is estimated to average 30 minutes per response, including'time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions ~! for reducing.this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Form DEP 55-221 (Ol/Ol) Page 2 of 2 DEP Agreement IJo. G0013, Attachment F, Page 2 of 2 DEP 55-21.5 (01/02) ~.., AGENDA TTER~I #3F AUGUST 12, 2002 e~ ,> . ATTACHMENT G ~; QUALITY ASSURANCE REQUIREMENTS FOR DEPARTMENT AGREEMENTS .~ 1 All sampling and analyses performed under this Contract must conform to the- requirements set forth in Chapter 62-160, :Florida Administrative Code (F.A.C.) and the document . ` ~. "Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract" (DEP-QA=002102), February 2002. ~"' 2. LABORATORIES ` ~ a: The CONTRACTOR shall. ensure that all laboratory testing activities are performed by a laboratory certified by the Department of Health Environmental Laboratory Certification Program (DoH ELCP) for the test methods and analytes to be measured. . ~ b. If the laboratory is not certified for some or all of 'the proposed test measurements, the :,~ laboratory shall apply for certification within one month of Contract execution, and shall be fully certified within six months. Regardless of when the laboratory receives certification, the ` laboratory must implement all applicable standards of the National Environmental ~ , Laboratory. Accreditation Conference (NELAC) upon contract. execution. c. Prior to providing analytical services, the laboratory must provide information for all test measurements that at least one set of performance test samples that meet the DoH ELCP ~- certification requirements have been passed successfully within the last 6 months: ` , d. Laboratories shall maintain. certification for all test methods during the life of the contract. Should certifica#ion for an analyte or test method be lost, all affected tests shall be "' immediately contracted to a laboratory with current DoH ELCP certification. The laboratory shall notify the project manager in writing of any changes before such changes are made. e. A copy of the DoH Certificate and the list of test methods for each laboratory -shall be provided to the contract manager with submission of the QAPP or upon receiving ,DoH ` certification (see 2.b above). ..., f. All non-standard laboratory procedures (i.e. those .that `do not appear on the '„ Department's list of recognized methods) whether DoH ELCP certification is required or not, ` ' shall be submitted for review and approval in accordance with-DEP-QA-001/01 "New`and ~ Alternative Analytical Laboratory Methods", January 1, 2002. The method must be approved by the Department before use.: g. The CONTRACTOR shall ensure that the essential quality control measures, laboratory ~., report content and documentation are consistent with Chapter 5 of the NELAC standards and DEP-QA-002102. In addition: The final concentration of any spike fortification must be at the laboratory's stated PQL "" or at the action level if it exceeds the PQL. If the measured sample background exceeds the specified spike. level by more than a factor of two, then the spike level must be 2-5 ,. times the measured background level in the sample that'is selected for spiking. if a ~ spiked sample is spiked at an incorrect level, then the entire batch of samples must be re-prepared, a new aliquot of the same sample must be re-spiked at the correct level-for ' this batch, and the batch reanalyzed. The sample to be spiked should be randomly ~, selected, and it must be reported which sample was spiked. All spike fortification must take place prior to any necessary preparation. The results must meet the established ' laboratory acceptance criteria for the specific matrix. If none have been developed, the ` ~,,, laboratory shall use the criteria for LCS until such limits are established: ,.., -AGENDA ITEM #8F AUGUST 12, 2002 ~'*" F " G. `~ No analyses may be performed using. expired reagents, calibration solutions or check. solutions ,~, The concentration of each calibration standard used to generate a "nonlinear calibration ` ~ curve must be calculated based on the curve. All calculated calibration concentrations must be within 85% - 115% of the known concentration for that standard "^ ~ If a relative response factor is used to determine the sample concentration, the continuing calibration checks must meet the method stated acceptance criteria. • Analytical sensitivity must be evaluated using a check standard prepared at the practical ;~ quantitation limit for each analytical run as described above for`PQLs: " "The absolute value of the raw instrument value must be less than the MDL for all blanks. ~ • " If method"..control limits "for any measurements are exceeded (including control limits for sample matrix spikes), then the analysis must be repeated"if possible.. All sample data that is associated. with a failed quality control measure must be appropriately qualified as ~" - -specified- in Chapter 62-160, F.A:C. An explanatory comment must be attached to the :final report for each result`that has a qualifier code other than U`, I, or A. "Any additional qualifier codes used, but not explicitly provided for in Chapter 62-160, F.A.C., must be ~ :.identified and defined in the report. ~ °~ •' The reported MDL and PQL for each sample must be adjusted for dilufion factors, and any relevant preparation. weights and volumes. If a field blank, equipment blank or trip blank result is greater than the MDL, the result ..., must be confirmed by reanalyzing a new aliquot of the sample. The laboratory must ~~; investigate sufficiently to determine that positive blank results are not due to a laboratory error, and report results with appropriate qualifiers and/or comments. :, 3. .FIELD ACTIVITIES ,, "~ a.` All sample collection and field activities shall be performed in accordance. with the ` Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01 dated January 1, 2002.... " b. Any non-standard field procedure shall be submitted for review and approval in p - accordance with FA 2000 of the Department's Standard Operating Procedures. The procedure must be approved by the Department before use.. ,.,,, 4. REPORTING. DOCUMENTATION AND RECORDS RETENTION. a. All laboratory and field records as specified in Chapter 62-160, F.A.C. shall be retained """' for a minimum of five years after the project completion. b. In addition to the NELAC-compliant laboratory report, the CONTRACTOR shall. require that the laboratory .provide additional information to satisfy the "Tier 1""validation ' .. requrementsas outlined in DEP=QA-002/02. d. All applicable data qualifier codes as mandated by Chapter 62-160, F.A.C. and included ^.~, in DEP-QA-002/02 shall be used. e. The CONTRACTOR shall adhere to the documentation and records requirements for project data contained in DEP-QA-002/02. ` ,~, f. All field and laboratory records that are associated with work performed under this " contract shall be organized so that any information can be quickly and easily retrieved. ~r -- 's AGENDA TTEII #8F AUGUST 12, 200? ~ 5. AUDITS p a. AUDITS BY THE DEPARTMENT -Pursuant to 62-160.650, F.A.C., the Department may ,~, conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the CONTRACTOR, upon request, must provide the Department with the requested information, including the raw analytical data for all ,~„ analyses of a sample (regardless of whether the data are reported). If an audit by the Department determines that the data are not usable for the. proposed purpose, the ' Department reserves the right to terminate the contract and require the CONTRACTOR to reimburse the Department for all .payments .made for vvork done on the collection or analysis of data. b. PLANNING REVIEW AUDITS - 1. Initial: Within onemonth after the second sampling and analysis. event has been completed (including all analyses), the CONTRACTOR and all associated subcontractors shall review the planning document (see 6 below) relative to the field and "~°'"" laboratory activities to determine if the data quality objectives are being met, identify any improvements to be made to the process, and refine the sampling design or schedule. A summary of the review, including any corrective action plans or amendments to the ~^* planning document shall be sent to the DEP Contract Manager within one month of the review, and a copy shall be maintained with the perrrianent project records.. ' 2. Ongoing: Planning reviews as described in 1 above shall occur annually. ~. : 4 c. QUALITY SYSTEMS AUDITS -The CONTRACTOR and all subcontractors shall ensure that ` the required laboratory and field quality system and .management systems audits are „~, performed, and.documented in the organization's records. .. d. STATEMENTS OF USABILITY - As a part of the audit process and the final report, the CONTRACTOR-shall provide statements about data usability relative to the Project Data Quality Objectives and Data Quality Indicators. µ 6. PLANNING DOCUMENTS , a. A Quality Assurance Project Plan (QAPP) shall be submitted to the DEP Project Manager for review and approval.. The plan shall be consistent with the EPA Document EPA-QA/R-S, EPA Requirements for Quality Assurance Project Plans, dated March 2001. Failure to submit the required QAPP within six months of the initiation of sampling activities ~" shall result in suspension of the Agreement until the document has been submitted to DEP. b. The CONTRACTOR and affected subcontractors have three (3) opportunities to submit „~; ; their QA Plan documents to the Department for approval. If any Plan fails the approval ..process three (3) times, the DEP may terminate the .Agreement in its entirety. Failure to provide acceptable QA Plans as required will resulf in suspension or termination of this Contract.. c. The DEP Contract number shall appear on the title page of .the submitted QAPP. Within forty-five (45) days of receipt of properly identified documents by the DEP, the ,,, Department shall review and either approve the QAPP, or provide' comments to the CONTRACTOR and affected subcontractors as to why the Plan is not approved. If further ,. of su h comments to reseondNThe DeOI rt~ ali then have fifteen (15) days from`the receipt ~,,, ._ p p ent shall respond to all revisions within 30 days of receipt. d. If QA Plan review is delayed, through no fault of the CONTRACTOR, beyond sixty (60) +-A . ...days after the Plan is received by the Department, the CONTRACTOR shall have the option, AGENDA ITEM #8F AUGUST 12, 2002 ~+ ''" after the Plan is approved, of requesting and receiving an extension in the term of the' `Contract for a time period not to exceed the period that review was. delayed. This .option must be exercised at least sixty (60) days prior to the current termination date of the ~• Contract. e. Sampling and analysis may not.begin until the QAPP has been approved. ~, f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved QAPP including, but notlimited to: 1. Ensuring that all stated quality control measures are collected, analyzed and ~ evaluated for acceptability; 2. Using only the protocols approved in the QAPP; and .~ 3. Using only the equipment approved in the QAPP. ~. ~ _ g. If any significant changes such. as changes in .procedures or test methods;. changes in organizations, or changes. in key personnel occur; the CONTRACTOR shall submit ~"'^ appropriate amendments to the DEP Project Manager for .review and inclusion into the _._ QAPP. Failure to submit the required amendments or to meet any of `the above-stated conditions may result in the decision by the DEP Project Manager to suspend or terminate the Contract. 7. DELIVERABLES ~,,, a. The following outlines .the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this contract: 1. Copy of DoH ELCP certificate including the list of test methods and analytes shall be ±,~ submitted with the draft QAPP. , 2. Copies of performance test results (see 2C of laboratory Option 1 and 2 above) shall be submitted with the draft QAPP. ~., . 3. Non-standard laboratory or field procedures -Prior written approval is required and _ _ will be provided upon submission of the complete packet of information for review. ~+ - 4. Planning review audits =As specified in 5.b. 5. Statement of Usability - As specified in 5.d. ,. 6. Planning Document -see 6. .•~ ~-+ ,1 C'!1 A~~~~.v_~\ \I. l~nnJ n wai__L. ___i w w . ~ ~ . ~. - ~+ ,: AGENDA ITEl~~I NSF AUGtiST 12, 2002 r. F ATTACHMENT H ,~ CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, L~`ELIGIBILITY Au~'D r ' VOLUNTARY EXCLUSION-LOWER TIER FEDERAI:LYFUNDED TRANSACTIONS DEP AGREEMENT NO: G0013 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, ~± declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: ~.,* _ ,. - (a) Have not within athree-year period preceding this certification been convicted of or had a civil judgment rendered against them `for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or t^ State anti-trust. statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. ;r^ (b) Are not presently indicted for or otherwise criminally or civil3y charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and :, ~ (c) Have not within athree-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default.. 3. Where the undersigned is unable to certify. to any of the statements in this certification, an explanation shall be attached to this °"" - 'certification. ~, - Dated this day of 2Q w.. gy - Authorized SgnaturelContractor ,~, Typed Name/Title Name of Contractor's Firm Street Address Building, Suite Number CitylStatelZip Code Area Code/Telephone Number '"'"" Form DEP 55-220 (01/01) DEP Agreement No. G0013, Attachment H, Page 1 of 2 Page 1 of 2 ~'""" ,: ~: AGENDA ITEl~~I #8F ~;,+ AUGUST 12, 2002 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARItiLENT, ` `SUSPENSION, INELIGIBILITY A.ND VOLUNTARY EXCLUSION- ,~ LOWER TIER FEDERALLY FUNDED TRA~iS~CTIONS '~"~' L B si in and submittin this form the certif in is rovidin the certification set out below.. Y b'n g g Y g party ~ p g 2. The certification. in this. clause is a material representation of fact upon which reliance was placed when this transaction was ~? entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other ` remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. ~+ i 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. f""' ~ , 4. The terms. covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings. set out in -the rr+ , Definitions and Coverage sections of rules implementing Executive Order 12549.. You may contact the person to which this. contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CPR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation. in this. covered transaction, unless authorized by the DEP or agency with which this transaction originated. ~^++ _ 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all ~., contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. F 7. A participant in a covered transaction, may rely upon a certification of a prospective participant in a Iower tier covered transaction that it is not proposed for debarment under 48 CFR 9, subpart 9.4; debarred, suspended, ineligible, or voluntarily excluded from r•, the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that ,,,,4 which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9:4, """ suspended,. debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies ` available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, ..including suspension and/or debarment. ~a e~+ «~ _ ~"* DEP FORM 55-220 (Oi/Ol) Page 2 of 2 t DEP Agreement No. G0013, Attachment H, Page 2 of 2 ~. AGE\~DA TTEl~'I #8F AUGti'ST 13, 3002 ...+, ATTACHMENT T Contract Provisions.... All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: ~+ L Equal Employment Opportunity`- All contracts shall contain a provision requiring`compliancewith Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, ,'., "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 4I CFR part 60, "Office of Federal Contract .Compliance Programs, Equal Employment Opportunity, Department of Labor." r - 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 27bc) - All contracts and subgrants in excess'of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building. or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any ~. person employed in the construction, completion, or repair of public work, to give up any part of the ~. compensation to which he is otherwise .entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. , . ~, 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) -When required by Federal program legislation, all construction contracts. awarded by the. recipients and subrecipients of more -than $2000. shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as. "supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions .Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, ~* contractors shall be required to pay wages to laborers and ,mechanics at a rate not. less than the '; minimum wages specified in a wage determination made by the Secretary of Labor. Tn addition, contractors shall be required to pay wages not less than once.a week. The recipientshall place a copy of /-, .:..the current prevailing wage determination issued by,the Department of Labor in each solicitation and 'the award of a contract shall be conditioned upon the acceptance of the wage determination: The recipient shall report all suspected or reported violations to the Federal awarding agency. EPA does ,•, nat consider work performed `under the. 319 grants to fall under the definition of construction. Therefore, this provision does not apply to this specific agreement number.. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - -Where applicable, all r- contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other. contracts that involve the employment of mechanics or laborers shall include a provision for. compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 ~~ U.S.C. 327-333), as supplemented by Department of Labor regulations {29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is : .•~ permissible provided that the worker is compensated at a rate of not less than 1 %s times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act inapplicable to .construction work and .provides that no laborer or mechanic shall be required to work in surroundings or under 'working conditions which are unsanitary, hazardous or dangerous. These ~- - requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. DEP Agreement No. G0013, Attachment I, Page 1 of 3 ~,GFNDA TTE~~I #3F AUGUST 12, 2002 1""y ,.*+ ~ - _ 5. Rights to Inventions Made Under a Contract or Agreement -Contracts or agreements for the . performance of experimental, developmental, or research work shall provide for the rights of the . Federal .Government and the recipient in any resulting invention in accordance with 37 CFR part 401; - "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms. Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the ,~, awazding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with alI applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the .Federal .Water Pollution Control Act as amended (33 U.S.C. 12S 1 et seq.).. Violations shall be reported to the Federal ,~' awarding agency and the Regional Office of the Environmental Protection Agency (EPA). ,: _,. p, , . - , 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -Contractors who apply or bid for an award of ~"'" ' $100,400 or more shall file the required certification. Each ,tier certifies to the tier above that it will not . __ and has not used Federal appropriated funds to pay any person or organization for .influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or !~"" - _ employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal. award. Such , ~"^ disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.Os 12549 and 12689) - No contract shall be made to parties listed on ~, the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and. 12689, "Debarment and Suspension." This list contains the names. of parties. debarred, suspended, or otherwise excluded by agencies, and ,,,,~ contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. - a Contractors with awards that exceed the,. -small purchase .threshold shall provide the required certification regarding its exclusion status and that of its principal employees. "~" 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking- Water Act (42 U.S.C. 300h-3(e)) -Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all ~""' `applicable standards, orders or regulations issued pursuant to Section S08 .of the Federal Water r_ Pollution ,Control Act, as amended (33 U.S.C. 1358} and Section 1424(e) of the Safe Drinking.Water ,Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the """'" Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination -These include but are not ,~ limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on .. the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 79S), which prohibits discrimination on the basis of handicaps;, (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office ' and Treatment Act of 1972. (P.L. 92=255), as amended, relating to nondiscrimination on the basis of ~' drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention,- Treatment and Rehabilitation Act of 1970 (P.L. 91-616); as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections S23 and 527 of the Public Health Service Act of 1912 (42 . ,. U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol :and drug abuse ,,~, patient records; (g) Title VIII of the Civil Rights Act of T968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination DEP Agreement No. G0013, Attachment I, Page 2 of 3 r*+ ~~ ACE\DA ITEM NSF AUGUST 12, 2002 provisions in the specific statute(s) made; and, (i) the requirements of any: other nondiscrimination E : statute(s) that-may .aPP1Y• F 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance. and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable e„~ treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. ,°~'" 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324 - 732$) that limit the political activities of employees whose principal employment activities are funded. in whole or in part with Federal funds. ,: 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable < '. construction and acquisition is $10,000 or more. ~ 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities .pursuant to E.O. ~, 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance. with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et :.,seq.); (f) conformity with Federal actions to State (Clean Air)- Implementation Plans under Section 176(c) of the Clean Air Act of 1955., as amended: (42 U.S.C. 7401. et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as ~' ;amended (P.L. 93-205).:..... ~;; 15.. Compliance with the Wild and Scenic Rivers Act of 1968. (16 U.S.C. 1271. et seq.) related to """' protecting components or potential components of the national wild and scenic rivers system.. ~, c. ; 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 ,,~, U.S.C. 470), E.O. 11593 (identification and. protection of historic..properties), and 'the i Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. """" 2131 et seq.)' pertaining to the care, handling, and treatment of warrxl blooded animals held for H ; research, teaching, or other activities supported by this Agreement. ~- 19. Compliance with the Lead-Based Paint Poisoning Prevention Act. (42 U.S.C. 4801 et seq.) that t' prohibits the use of lead-based paint in construction or rehabilitation of residence structures. ~:: ~,;~, 20. `Compliance with the- mandatory standards and policies' relating to energy efficiency that are . .contained. in the State energy conservation plan issued- in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89. Stat. 871). ~""' REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0013, Attachment I, Page 3 of 3 r^* AGENDA ITEM #SI' AUGUST 12, 2002 Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars that may apply to the work performed under this Agreement. Subchapter A -General 40 C.F.R. 4 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by EPA 40 C.F.R. 29 Intergovernmental review of EPA programs and activities . 40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations Subchapter B -Grants and Other Federal Assistance 40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements. to state and local governments ___ _. _. __. _.. r~ ~-_~ 40 C.F.R. 32 Government-wide debarment and suspension (non-procurement) and government- . wide requirements for drug-free work place (grants); Clean Air Act and Clean, Water Act ineligibility of facilities in performance of federal contracts, grants and loans 40 C.F.R. 34 New restrictions on lobbying 40 C.F.R. 35 State and local assistance Other Federal Regulations 48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency Office of Management and Budget Circulars ~::. A-21 Cast Principles for Educational Institutions A-87 Cost Principles for State, Local, and Indian Tribal Governments A-122 Cost Principles for Non=Profit Organizations __. A-133 Audit Requirements DEP. Agreement No. G0013, Attachment J, Page 1 of 1