KAPOK WETLAND AND FLOODPLAIN RESTORATION PROJECT
DEP AGREEMENT NO. G0087
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO
ENVIRONMENTAL PROTECTION AGENCY GRANT A W ARD(S)
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000
(hereinafter referred to as the "Department" or "DEP") and the CITY OF CLEARWATER, whose address is Post Office
Box 4748, Clearwater, Florida 33758, (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide
funding for the Kapok Wetland and Floodplain Restoration Project.
WHEREAS, the Department is the recipient of federal fmancial assistance from the Environmental Protection
Agency (EP A); and,
WHEREAS, the Florida Department of Environmental Protection was awarded funding by the Environmental
Protection Agency pursuant to Grant Agreement No. C9-9945 1503-0; and,
WHEREAS, the Grantee has been determined to be a subrecipient of federal fmancial assistance from the U.S.
Environmental Protection Agency (EP A); and,
WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its
activities pursuant to this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement,
Attachment A (Grant Work Plan), and all attachments and exhibits named herein which are attached hereto and
incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms
"Grantee", "Recipient" and "Contractor", are used interchangeably.
2. This Agreement shall begin upon execution by both parties and shall remain in effect for a period of 60 months,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution
and until the expiration of this Agreement. The Grantee may identify in a Payment Request Summary Form
(provided as Attachment B) expenditures/donations made on or after October 1, 2002 for purposes of meeting its
match requirements as identified in paragraph 3 and in Attachment A. This Agreement may be amended to
provide for additional services if additional funding is made available by EP A and/or the Legislature.
3.
A.
As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $500,000
toward the total project cost described in Attachment A.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance of a properly completed Payment Request Summary Form (provided as Attachment B).
The Chief Financial Officer requires detailed supporting documentation of all costs under a cost
reimbursement agreement. In accordance with the Chief Financial Officer's Contract Payment
Requirements (attached hereto and made a part hereof as Attachment C), the Grantee shall comply with
the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation
and other requirements as follows:
1. Salaries/Wages - The Grantee shall not be reimbursed for direct salaries or multipliers (i.e.,
fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees.
DEP Agreement No. G0087, Page 1 of9
2. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from the
Grantee. Subcontracts that involve payments for direct salaries shall clearly identify the
personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers
used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported
by audit. If the Department determines that multipliers charged by any subcontractor exceeded
the rates supported by audit, the Grantee shall be required to reimburse such 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. Other EXl'enses - e.g., Materials, supplies, phone, reproduction, mailing, and other expenses
must be documented by itemizing and including copies of receipts or invoices.
C. The Grantee will limit its participation in the salary rate (excluding overhead) paid to individual
consultants retained by grantee's or by a grantee's contractors or subcontractors to the maximum daily
rate for GS-18. This limitation applies to consultation services for designated individuals with specialized
skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence
costs for travel performed. Subagreements with firms for services, which are awarded using the
procurement requirements contained in 40 CFR 31.36, are not affected by this limitation.
D. 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 $5,066,453 in cash or third party in-kind,
towards the work funded under this Agreement. All cost sharing/match shall meet the federal
requirements established in 48 CFR Part 31 and OMB Circulars A-87, A-122, A-21, as applicable.
E. 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.
Ore:anization Tvoe Applicable Cost Princioles
State, local or Indian tribal government. OMB Circular A-87
Private non-profit organization other than (1) an OMB Circular A-122
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
subject to that circular.
Education Institutions OMB Circular A-21
For-profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles and
organization named in OMB A-122 as not subject Procedures, or uniform cost accounting standards
to that circular. that comply with cost principles acceptable to the
federal agency.
F. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds.
EP A Grant Number
C9-9945 1503-0
CFDA
66.460
Fundin Amount
$500,000.00
$500,000.00
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations.
5.
A.
The Grantee shall submit Progress Reports in accordance with the schedule contained in Attachment A.
Progress reports shall be submitted in conjunction with the Payment Request Summary Form, described in
DEP Agreement No. G0087, Page 2 of9
paragraph 3.B. Progress reports shall describe the work performed, problems encountered, problem
resolution, schedule updates and proposed work for the next reporting period. The Grantee shall utilize
the Progress Reporting Form, attached hereto and made a part hereof as Attachment D, for submitting its
progress report. Reports shall be submitted to the Department's Grant Manager no later than twenty (20)
days following the completion of the reporting period. The final report shall be submitted no later than
thirty (30) days prior to the completion date of the Agreement. The Department's Grant Manager shall
have ten (10) calendar days to review deliverables submitted by the Grantee.
B. The Grantee agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority,
and Women's Business Enterprises in procurement under this Agreement.
1. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise
(MBEIWBE) "Fair Share" goals and objectives negotiated with EPA as follows:
Florida Fair Share Goals
Industry Goal
Architectural & Enlrineering Services 10% MBE and 15% WBE
Commodities 7% MBE and 17% WBE
Contractual Services 14% MBE and 36% WBE
Construction (non SRF) 10% MBE and II % WBE
2. If the Grantee does not want to rely on the applicable State's MBEIWBE goals, the Grantee
agrees to submit proposed MBEIWBE goals based on availability of qualified minority and
women-owned business to do work in the relevant market for construction, services, supplies and
equipment. "Fair Share" objectives must be submitted to the EP A Grants Management Office,
61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by
EP A no later than thirty (30) calendar days thereafter. Copies of all correspondence with EP A
shall also be forwarded to the Department's Grant Manager.
3. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair
Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction,
equipment or services are made available to organizations owned or controlled by socially and
economically disadvantaged individuals, women and Historically Black Colleges and
Universities.
4. The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and
require all of its prime contractors to include in their bid documents for subcontracts the
negotiated "Fair Share" percentages.
5. The Grantee agrees to follow the six aflirrnative 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 MBEIWBE utilization under federal grants
in conjunction with the required progress reports (see paragraph 5.A).
7. If race and/or gender neutral efforts prove inadequate to achieve a "Fair Share" objective, the
Grantee agrees to notify the Department and EP A in advance of any race and/or gender
conscious action it plans to take to more closely achieve the "Fair Share" objective.
8. In accordance with Section 129 of Public Law 100-590, the Small Business Administration
Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage
any prime contractors under this Agreement to utilize small businesses located in rural areas to
the maximum extent possible. The Grantee agrees to follow the six affmnative steps stated in 40
C.F.R. 30.44(b), 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any
contracts under this Agreement.
DEP Agreement No. G0087, Page 3 of9
C. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all
reports which are prepared as a part of this Agreement and delivered to the Department. This requirement
does not apply to reports which are prepared on forms supplied by EP A. This requirement applies even
when the cost of recycled paper is higher than that of virgin paper.
D. A draft comprehensive fmal report (hard copy and electronic) must be submitted no later than sixty (60)
days prior to the completion date of the Agreement. The Department will review the draft fmal report and
provide comments for inclusion in the fmal report within 30 days. Five (5) hard copies, plus one
electronic copy in Adobe.pdf format or Microsoft Word Format, of a comprehensive fmal report must be
submitted no later than the completion date of the Agreement. The Grantee's final report shall include an
accounting of all project expenses, a report of all matching funds contributed on behalf of the Grantee,
and a statement acknowledging that the project has been supported by a grant from the u.s.
Environmental Protection Agency. The following language shall be included on the cover page of the
fmal project report:
"This project and the preparation of this report was funded in part by a Section 319 Nonpoint Source
Management Program Implementation grant from the U.S. Environmental Protection Agency through an
agreement/contract with the Nonpoint Source Management Section of the Florida Department of
Environmental Protection. The total cost of the project was $rshow actual amount], of which $[show
actual amount] or [show actual percentagel percent was provided by the U.S. Environmental Protection
Agency. "
Additionally, all other final deliverables required by this Agreement (such as booklets, pamphlets, videos,
scientific papers, etc.) which were funded in whole or in part by federal sources shall include the language
below to acknowledge the federal government's participation in the project.
"This (booklet, pamphlet, video, paper, etc. as appropriate) was funded in part by a Section 319
Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection
Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida
Department of Environmental Protection."
The Grantee agrees to provide a copy of any draft report and/or fmal report to the Department before
making, or allowing to be made, a press release, publication, or other public announcement of the
project's outcome. This shall not be construed to be a limitation upon the operation and applicability of
Chapter 119, Florida Statutes.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or
the provisions of Section 768.28, Florida Statutes.
7.
A.
The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)
calendar days written notice.
C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written
amendment of this Agreement. The amendment shall establish the effective date of the termination and
the procedures for proper closeout of the Agreement.
D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
DEP Agreement No. G0087, Page 4 of9
with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State
Constitution and Section 119.07(1), Florida Statutes.
8. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or
State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the
following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after
termination of the Agreement are not allowable unless the Department expressly authorizes them in the
notice of suspension or termination. Other Grantee costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if the following apply.
1. The costs result from obligations which were properly incurred by the recipient before the
effective date of suspension or termination, are not in anticipation of it, and in the case of
termination, are noncancellable.
2. The cost would be allowable if the Agreement were not suspended or expired normally at the end
of the funding period in which the termination takes place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
9.
A.
The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or. their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five years following Agreement completion. In the
event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and
subcontractor to maintain and allow access to such records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record
retention period established above, the records shall be retained until all litigation, claims or audit fmdings
involving the records have been resolved and fmal action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five years
following fmal disposition.
10. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable
provisions contained in Attachment E, Special Audit Requirements. A revised copy of Attachment E, Exhibit-
1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The
revised Exhibit-l 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-I, the Grantee shall notify the Department's Grants Development and Review Manager at
850/245-2361 to request a copy of the updated information.
DEP Agreement No. G0087, Page 5 of9
11.
12.
A.
The Grantee shall not subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager, unless the subcontractor has been identified in the Grant Work Plan. The
Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and
agrees to be responsible for the payment of all monies due under any subcontract. It is understood and
agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the subcontract.
B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for its
selection of subcontractors.
C. The Grantee agrees to notify the Department of all subcontracts not identified in the Grant Work Plan no
less than twenty days prior to the effective date of the subcontracts for the purpose of approval by the
Department. The Grantee agrees to provide the Department with an executed copy of all subcontracts
within ten days after the effective date of the agreement.
D. The Department of Environmental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The
Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting
opportunities.
A.
The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending
or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used
for lobbying activities as described above, the Grantee shall submit Attachment F, Standard Form-LLL,
"Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly
updates of any material changes. The Grantee shall require the language of this certification to be included
in all subcontracts, and all subcontractors shall certify and disclose accordingly. [40 CFR 34)
B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501 (c)4 of the
Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such
organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as
a special condition of the sub grant. This restriction does not apply to loans made pursuant to approved
revolving loan programs or to contracts awarded using proper procurement procedures.
D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have
been used to engage in the lobbying of the Federal Government or in litigation against the United States
unless authorized under existing law. The Grantee shall submit Attachment G, "Lobbying and Litigation
Certificate" (attached hereto and made a part hereof) to the Department within ninety (90) days following
the completion of the Agreement period.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0087, Page 60f9
14. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this
Agreement is identified below.
Karl Kurka
Florida D artment of Environmental Protection
Non Point Source Mana ement Section
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Tele hone No.: 850/245-8682
SunCom No.: 205-8682
Fax No.: 850/245-8434
E-mail Address: Karl.Kurkade.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.
Te Finch
Ci of Clearwater
Public Works Administration
Post Office Box 4748
Clearwater, Florida 33758
Tele hone No.: 727/562-4742
Fax No.: 727/562-4755
E-mail Address:te.finchclearwater.com
16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life
of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees
not otherwise protected.
17. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under
Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants
and agents while acting within the scope of their employment with the Grantee.
18. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in
any manner or degree with the performance of services required.
19. The purchase of non -expendable personal property or equipment costing $1,000 or more is not authorized under
the terms of this Agreement.
20. The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, timeline within current authorized Agreement
period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual
agreement of both parties as evidenced in writing. Any change order, which causes an increase or decrease in the
Grantee's cost or time, shall require formal amendment to this Agreement.
21. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards
which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to
DEP Agreement No. G0087, Page 7 of9
sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements
of the Hotel and Motel Fire Safety Act of 1990.
22. If the Grantee's project involves environmentally related measurements or data generation, including the
development of models that may be used in regulatory decisions, the Grantee shall develop and implement quality
assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to
produce data of quality adequate to meet project objectives and to minimize loss of data due to out-of-control
conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the
requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements
for Department Agreements, attached hereto and made part hereof as Attachment H.
23.
A.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact business with any public entity.
The Florida Department of Management Services is responsible for maintaining the discriminatory vendor
list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-
0915.
24.
A.
In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Grantee agrees
and certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other
covered transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction, unless authorized in writing by EP A to the Department.
B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a ~ of
the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment I.
C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and
Attachment I in all subcontracts or lower tier agreements executed to support the Grantee's work under
this Agreement.
25. The Environmental Protection Agency and Department, reserve a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant.
B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant
support.
26. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained
in Attachment J, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee
acknowledges that the applicable regulations listed in Attachment K, Regulations, attached hereto and made a part
hereof, shall apply to this Agreement.
27. Land acquisition is not authorized under the terms of this Agreement.
DEP Agreement No. G0087, Page 8 of9
28. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF CLEARWATER
BY'~~~J!
Willam B. Home, II
C;ty Manager ;1;..
Date: ~,O Y
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: !J.~~~ . ~
Secretary or designee
Date:
f-IO - D '-I
c ?,'
kflK:7
Karl Kurka, DEP Grant Manager
LJ~~
f>EP Procurement Administrator
FEID No.: 59-6000289
Ap ro;d;;:rm ~d legality:___
D ttomey
*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
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
A-
-1L
~
-1L
l
l
..iL
-1L
-L
L
~
Description (include number of pages)
Grant Work Plan (6 Pages)
Pavrnent Request Summary Form and Instructions (2 Pages)
Contract Pavrnent Requirements (I Page)
Progress Report Form (2 Pages)
Special Audit Requirements ( 5 Pages)
Disclosure of Lobbving Activities (2 Pages)
Lobbying and Litigation Certificate (1 Page)
Oualitv Assurance Requirements (4 Pages)
Certification Regarding Debarment/Suspension (2 Pages)
Contract Provisions (3 Pages)
Regulations (1 Page)
DEP Agreement No. G0087, Page 9 of9
Attachment A
Grant Work Plan
COOPERATING ORGANIZATIONS:
City of Clearwater
Southwest Florida Water Management District (SWFWMD or District)
Pinellas-Anclote River Basin Board of the Southwest Florida Water Management District
Tampa Bay Estuary Program
PROJECT LOCATION: The Kapok Wetland and Floodplain Restoration Project
(Project) is located within the Alligator Creek Watershed in Clearwater, Florida. The
Alligator Creek Watershed is the second largest and most urbanized watershed within
the City of Clearwater. The watershed drains 5,691 acres in central Pinellas County, of
which 3,374 acres are within the Clearwater City limits. The watershed also drains
portions of Safety Harbor and unincorporated Pinellas County. Alligator Creek
discharges to Alligator Lake and ultimately, Upper Tampa Bay. Tampa Bay (HUC
03100206) is an Estuary of National Significance included in the National Estuary
Program, and identified as a water body in need of attention. Specifically, the Project
site is located at latitude/longitude 27058' 23.54" and 82042' 54.03".
POLLUTANT REDUCTION STRATEGY: The Kapok Wetland and Floodplain
Restoration Project will reduce the amount of stormwater pollutants discharged to
Tampa Bay by creating storage volume through the restoration of the natural floodplain
function to the 37-acre site. Tampa Bay has been designated as the number one
priority water body in the Southwest Florida Region by the District's Surface Water
Improvement and Management (SWIM) Program. The mission of the SWIM Program is
to protect, enhance, and restore water quality and related natural systems. The
District's SWIM Program has been implementing restoration and stormwater retrofit
projects in the Tampa Bay watershed since 1990. SWIM has numerous completed, on-
going, and/or planned stormwater retrofit and habitat restoration projects within the
Tampa Bay watershed; this is one of those projects. To qualify for the implementation
of a SWIM project, the watershed must be consistent with those previously identified by
the SWIM Program in its Urban Stormwater Analysis and Improvements Report (1990),
as well as those identified by the Tampa Bay Estuary Program (TBEP) in its
Comprehensive Conservation and Management Plan for Tampa Bay (1997). This
project fulfills those guidelines and is consistent with the Tampa Bay SWIM Plan (1999).
ESTIMATED POLLUTANT LOAD REDUCTION: During preliminary design, Parsons
Engineering Science, Inc. (Parsons) estimated the mean annual load reductions
resulting from the project. Nonpoint source loading calculations were prepared to
estimate pollutant loads from the Alligator Creek Watershed. The EPA Simple Method,
which is an event mean concentration (EMC) approach, was used. In this approach,
mass loads are calculated as the product of the EMC and the stormwater runoff volume.
The stormwater runoff volume is estimated as the fraction of rainfall appearing as runoff
multiplied by the basin area. The EMC is constant; thus, this method is also referred to
as the "constant concentration" method.
DEP Agreement No. G0087, Attachment A, Page lof6
Based on SWFWMD design criteria, permitted stormwater wet detention treatment
areas are required to provide treatment for one inch of runoff. However, the estimated
runoff treatment depth for the contributing portion of the Alligator Creek Watershed to
the project area was calculated to be only 0.075 inches, assuming a maximum BMP
depth of 1.5 feet. Thus the BMP efficiencies shown in Table 1 were factored by the
ratio of the estimated treatment depth of 0.075. (This depth was calculated by dividing
the wetland treatment volume by the contributing watershed area.)
Table 1
BMP Maximum Efficiencies
Pb
75%
Zn
60%
BOD5
50%
TSS
75%
TP
60%
TN
30%
The basin delineation developed for the flood control modeling in support of the 1997
Management Plan was used along with soils and land use information to develop basin
properties that were applied to the runoff coefficients and EMCs to estimate loads.
Load totals in pounds per year are provided in Table 2. These loading estimates are
intended to represent an average year. The annual rainfall used for these calculations
was 55.6 inches - this is based on the average annual rainfall depth reported by the
Soil Conservation Service in the Pinellas County Soil Survey. According to the
"constant concentration" method which was used, load estimates for other years (or
time periods) could be made by multiplying the loads presented here by the ratio of
rainfall, for the period of interest, to 55.6.
20.64 0.09 335.38 603.51 20.96
639.95 21.92 53,623.51 140,122.47 1,461.13
1923.67 10.89 160,272.20 119,986.39 3,048.66
245.72 38.05 181.09 26,887.51 53,538.83 419.91 1,771.51
316.86 8.82 64.70 10,042.63 52,800.98 632.26 1,426.26
232.82 3.52 71.18 10,800.63 44,942.56 377.89 1,019.42
310.16 0.60 5.43 6,955.76 4,679.44 150.95 688.33
78.56 0.21 2.28 3,048.72 2,282.40 57.99 306.53
104.29 0.15 1.51 1,607.94 901.17 15.07 122.06
103.42 0.18 1.27 309.49 1,082.31 18.10 146.60
365.50 0.62 1.24 4,762.21 1,686.62 111.61 638.68
191.55 1.69 3.38 4,614.33 1,385.99 169.02 1,369.09
4533.1486.74 613.20 283,260.30424,012.64 6,483.56 28,634.91
DEP Agreement No. G0087, Attachment A, Page 2 of6
A summary of the results of this analysis is presented in Table 3 with the estimated
pollution load reductions highlighted. Although the percentage of load reduction for
each parameter is low, the overall reduction is significant given the total mass of
pollutants from this greater than 4,500 acre watershed.
PROJECT OBJECTIVES: The objectives of the Project are to restore the floodplain
function to a 37 acre urbanized tract of land, provide water quality treatment, provide
wildlife habitat and to educate the public regarding the benefits of the Project through
interpretive signage in a park setting. To accomplish this, the City has purchased the
37-acre site for a price of $7,323,500 for the sole purpose of implementing the Project.
The City has retained the services of an engineering consulting firm to design and
obtain permits for the Project. The construction of the Project will be advertised through
a competitive bid process. The design will maximize water quality benefits while also
accomplishing the flood control objectives of the Project. The constructed facilities will
also include boardwalks and an observation deck to provide a location for local schools
and environmental organizations to conduct educational lectures. Educational signage
will also be provided depicting the processes used by the Project to treat stormwater
runoff. Water quality monitoring will be conducted to assess the Project's effectiveness
in achieving the water quality improvement goals.
PROJECT DESCRIPTION: The City of Clearwater, the Southwest Florida Water
Management District (SWFWMD or District), Pinellas County and Safety Harbor
cooperatively funded the "Comprehensive Watershed Management Plan for the
Alligator Creek Watershed" (Management Plan) (Parsons Engineering Science, Inc.
June 1997). The Management Plan identifies causes and sources of flooding, water
quality degradation, and habitat loss within the 5,691-acre watershed, and ranks
implementation projects aimed at improving these conditions. Flow from the watershed
travels a distance of approximately five miles before discharging to Alligator Lake, and
ultimately to Old Tampa Bay at a point east of Bayshore Boulevard and approximately
8,000 feet north of Courtney Campbell Causeway. A control structure on the eastern
end of Alligator Lake functions as a salinity barrier, separating the water of Tampa Bay
from that of the lake. A major portion of the creek has been channelized or otherwise
altered, and little of the historic floodplain remains intact. The creek traverses through
the Project property, which is located approximately 4,000 feet upstream of Alligator
Lake.
DEP Agreement No. G0087, Attachment A, Page 3 of 6
The Friendly Village of Kapok mobile home park was identified and prioritized in the
Management Plan as the area with the most widely recognized and publicized flooding
problem within the Alligator Creek watershed due to the severity of flooding, its
frequency, and the number of affected residences. According to historic aerial
photography, the Project area was once a portion of the Alligator Creek floodplain and
supported a hardwood swamp ecosystem. Filling of the floodplain and stream
channelization within this area started in the 1960's, and very little of the character of
the historic floodplain remains. Prior to these impacts, the creek meandered through a
forested wetland that extended for several miles. Although the flood control benefits of
the Project have made it a priority for the City, the Project will also achieve water quality
treatment through the creation of over 19 acres of herbaceous and forested wetlands
and will add a biological process that is presently absent in the watershed. The Project
consists of the removal of an upstream control weir, construction of a new weir structure
at the downstream reach of Alligator Creek on the Kapok property, and restoration of
the property to its pre-development condition. The Project will restore the 37 -acre site
to sustain its floodplain function, provide attenuation and create approximately 20 acres
of wetland habitat.
Educating the general public with regard to the significance of non point source pollution
on Florida waters is also a goal of the Project. As part of the Project, educational
signage depicting the processes used by the Project to treat stormwater runoff will be
incorporated into the Project's design.
Monitoring will be conducted for a period of one year to assess the effectiveness of the
Project at achieving the estimated pollutant load reductions.
PROJECT WATERSHED CHARACTERISTICS: Watershed Size: 4,533 acres
PROJECT TASKS:
Task 1. Enaineerina Desian and Permittina
The City will be the lead agency and manage the Project. The City has engaged the
services of Parsons Engineering Science, Inc. to perform all engineering design and
permitting services for the project. Engineering design commenced on May 7,2002.
Task 2. Construction
Following the receipt of all necessary permits for the Project, the City will advertise and
award the construction contract for the Project. The City will be responsible for
construction management.
Deliverable/Output:
2-1 Quarterly progress reports during construction.
DEP Agreement No. G0087, Attachment A, Page 4 of 6
2-2 The construction of a floodplain restoration project that will provide stormwater
treatment within a 4,533 acre, highly urbanized basin.
2-3 One paper and one electronic copy (Acrobat.pdf format) of the draft final report on
the Project.
2-4 A final report including photographic and slide documentation of the Project in the
pre- and post-construction configurations. This final report will also include a detailed
summary of the final cost of the Project for both 319 h and match dollars. One
electronic (Adobe Acrobat.pdf format) and five paper copies of the final report will be
delivered to the DEP including one copy of any slides, photographs (digital or analog),
and video footage taken throughout the Project.
Task 3. Educational Sianaae
Educational signage suitable for informing the general public about the purpose and
benefits of the Project will be designed and erected in a conspicuous location at the
Project site.
Deliverable/Output:
3-1 Educational signage suitable for informing the general public about the purpose and
benefits of the Project.
Task 4. Water Quality Monitorina
The City's consultant will conduct a detailed performance evaluation of the Project's
effectiveness in reducing non point source loadings. Water quality monitoring will be
initiated following establishment of the planted wetland vegetation. It is anticipated that
this will occur one year after the completion of construction. Therefore, monitoring will
begin one year following the completion of construction and will extend for a one year
period. Baseflow sampling will be conducted monthly and seven rainfall sampling
events will be conducted during the year long sampling program. Prior to the initiation
of monitoring, a Quality Assurance Project Plan (QAPP) will be submitted to FDEP for
approval. Following the completion of the monitoring program, a draft monitoring report
will be submitted to FDEP for review and comment. The report will be finalized based
on comments received. Five copies of the final report will be submitted along with one
electronic copy.
Deliverable/Output:
4-1 Quality Assurance Project Plan (QAPP)
4-2 Water Quality Monitoring Report
DEP Agreement No. G0087, Attachment A, Page 5 of6
PROJECT MILESTONES:
Start
N/A
Month 4
Month 20
Month 20
Month 20
Com lete
N/A
Month 20
Month 23
Month 23
Month 23
Month 50
PROJECT BUDGET: $6,318,453 (total estimated project cost)
GRANT FUNDING: $500,000
ESTIMATED PROJECT BUDGET:
ACTIVITY
Project Non-Federal
Cost Match
319(h)
Funds
Enqineerinq Desiqn and Permittinq* $416.906 $416.906
Construction Services* $599,547 $599547
BMP Implementation (Construction) $4,500,000 $4 050,000 $450,000
BMP Effectiveness Monitorin $50,00 $50,00
OTAL PROJECT COST $5,566,45 $5,066,45 $500,000
Percentage of Total Project Cost 911% 91%
Notes: *319(h) funds are not being requested for the Engineering Design/Construction
Service Phase.
CONTRIBUTORS TO THE PROJECT:
Contributor
Cit of Clearwater
SWFWMD-SWIM Trust Fund
SWFWMD - Pinellas-Anclote River Basin
Total Non-Federal
Amount
$1,545,011
$2,112,86
$1,408,577
$5,066,453
DEP Agreement No. G0087, Attachment A, Page 6 of 6
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE: CITY OF CLEARWATER
GRANTEE'S GRANT MANAGER:
DEP AGREEMENT NO.: G0087
DATE OF REQUEST:
AMOUNT
REQUESTED:$
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
PERCENT MATCHING
REQUIRED:
GRANT EXPENDITURES SUMMARY SECTION
Effective Date of Grant throu
AMOUNT OF
CATEGORY OF EXPENDITURE THIS REQUEST
End-of-Grant Period
TOTAL MATCHING
CUMULATIVE FUNDS
PAYMENTS
TOTAL
CUMULATIVE
MATCHING
FUNDS
Salaries $ $ $
Fringe Benefits $ $ $
Travel (if authorized) $ $ $
Subcontracting:
Planning $ $ $
Design $ $ $
Construction $ $ $
Construction Related Costs $ $ $
Equipment Purchases $ $ $
Supplies/Other Expenses $ $ $
Land $ $ $
Indirect $ $ $
TOTALS $ $ $
AGREEMENT AMOUNT $ $
Less Total Cumulative Payments of: $ $
TOTAL REMAINING IN GRANT $ $
GRANTEE CERTIFICATION
$
$
$
$
$
$
$
$
$
$
$
$
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP Agreement No. G0087, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS
REQUEST' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period.
PERCENT MATCHING REQUIRED: Enter your match requirement here.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REOUEST" COLUMN: Enter the amount that was paid out during the invoice period. This must
be by budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not
claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically
identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTALS"
line. Enter the budget amount on the "AGREEMENT AMOUNT' line. Enter the total cumulative amount of this request
and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN GRANT' line.
"TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been paid to date for
expenses by budget category. The fmal report should show the total of all payments, fIrst through the final payment, etc.
Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period. This needs to be
shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the
"TOTALS" line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT' line for this column.
Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE
PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the
"AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category. Put the total of all on the line titled "TOTALS." The fmal report should show the total of all
claims, fIrst claim through the fmal claim, etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form approved by the Department of Financial Services, Chief Financial Officer.
DEP Agreement No. G0087, Attachment B, Page 2 of2
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures (March 2003)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual. cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. Ifnonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to
show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State
University system or the State Community College system, the agency receiving the contract or grant moneys shall charge
no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required
for the payment of direct costs.
The Florida Department of Financial Services, Reference Guide to State Expenditures (March, 2003) can be found at the
following web address: www.dbfstate.f1.us/aadir/reference guide.
DEP Agreement No. G0087, Attachment C, Page 1 of I
ATTACHMENT D
PROGRESS REPORT FORM
DEP A2reement No.: GOO8?
Grantee Name: City of Clearwater
Grantee Address:
Grantee's Grant Manae:er: I Telephone No.: I
Quarterly Reportine: Period:
Pro.iect Number and Title: Kapok Wetland and Floodplain Restoration Proiect
Provide a summary of project accomplishments to date. (Include a comparison of actual
accomplishments to the objectives established for the period. IC 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. G0087, Attachment D, Page 1 of 2
(continued from page 1)
Identify below, and attach copies of, any relevant work products being submitted for the project for this
reporting period (e.g., report data sets, links to on-line photographs, etc.)
Summarize and provide supporting documentation regarding your efforts in meeting the MBE/WBE
requirements contained in paragraph 5.B.1. of the Agreement
Provide a project budget update, comparing the project budget to actual costs to date.
Budget Category Total Project Expenditures this Reporting Project Funding
Budeet Period Balance
Please refer to the Payment Request Summary Form for the total cumulative payment amount prior to this report.
This report is submitted in accordance with the reporting requirements ofDEP Agreement No. G0087 and
accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. G0087, Attachment D, Page 2 of2
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after 12/31/03) 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 ofOMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates
Federal funds awarded through the Department of Environmental Protection by this Agreement. In
determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of
Federal awards, including Federal resources received from the Department of Environmental Protection.
The determination of amounts of Federal awards expended should be in accordance with the guidelines
established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General
in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this
part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after 12/31/03) in Federal
awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as
revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal
years ending after 12/31/03) in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfdalcfda.html.
DEP 55-215 (01/04)
DEP Agreement No. G0087, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of State fmancial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement indicates State fmancial assistance awarded through the Department of Environmental
Protection by this Agreement. In determining the State fmancial assistance expended in its fiscal year, the
recipient shall consider all sources of State fmancial assistance, including State fmancial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
fmancial assistance does not include Federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a fmancial reporting package as defmed 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 fmancial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog: or the Governor's
Office of Policy and Budget website located at
http://www.myflorida.com/myflorida/government/contacts/opbOffice.html for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://www.1eg.state.fl.us/, Governor's Website http://www.mvflorida.com/, Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for fUnding the fUll cost of such additional audits.}
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachmen~ shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directlv to each of the following:
DEP 55-215 (01/04)
DEP Agreement No. G0087, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies offmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP 55-215 (01/04)
DEP Agreement No. G0087, Attachment E, Page 3 of5
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting 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 for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (01104)
DEP Agreement No. G0087, Attachment E, Page 4 of 5
EXHIBIT - 1
FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Ae:reement Consist of the Followine::
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
Original Environmental Protection 66.460 Nonpoint Source Implementation Grant Program $500,000.00 140076
Agreement Agency
State Resources A warded to the Recioient Pursuant to this Ae:reement Consist of the Followine: Matchine: Resources for Federal Proe:rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Ae:reement Consist of the Followine: Resources Subiect to Section 215.97. F.S.:
State CSF A Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Categorv
Total Award I $500,000.00
-
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.173/cfda/cfda.htrnl] and/or the Florida Catalog of State Financial Assistance (CSFA) [http://state.fl.us/fsaa/catalog]. The services/purposes for
which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
DEP 55-215 (01/04)
DEP Agreement No. G0087, Attachment E, Page 5 of 5
ATTACHMENT F
Approved by OMB
0348-0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this fonn to disclose lobbying activities pursuant to 31 V.S.C. 1352
(See reverse for public burden disclosure.)
D
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
D
2. Status of Federal Action:
D
a. initial filing
b. material change
a. bid/offer/application
b. initial award
c. post-award
1. Type of Federal Action:
4. Name and Address of Reporting Entity:
o Prime
o Subawardee
Tier
, if known:
Congressional District, if known:
6. Federal Department/Agency:
8. Federal Action Number, ifknown:
10. a. Name and Address of Lobbying Entity
(ifindillidual, last name, first name, MI):
attach Continuotion Sheet s
11. InformatioD requested tbrough this form is autborized by title 31 V.S.C.
section 1352. Tbis disclosure of lobbying activities is a material
representation of fact upon wbicb reliance was placed by the tier above
wben tbis transaction was made or entered. into. Tbis disclosure is required
pursuant to 31 V.S.c. 1352. Tbis information will be reported to Congress
semi-annually and will be available for public inspection. Any person who
fails to file tbe required disclosure sball be subject to a civil penalty of not
less than 510,000 and not more than 5100,000 for eacb sucb failure.
Form DEP 55-221 (01101)
DEP Agreement No. G0087, Attachment F, Page I of2
DEP 55-215 (01/02)
3. Report Type:
For Material Change Only:
year quarter
date oflast report
s. If Reporting Entity in No.4 is Subawardee, Enter Name
and Address of Prime:
Congressional District, if known:
7. Federal Program NamelDescription:
CFDA Number, if applicable:
9. Award Amount, ifknown:
s
b. Individuals Performing Services (including address if
differentfrom No. IDa)
(last name, first name, MI):
-:rr:
Print Name:
Title:
Telephone No.:
Date:
Authorized for Local Reproduction
Standard Fonn - LLL (Rev 7 - 97)
Page 1 of2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federahecipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any
lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered
Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,
subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in
item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number; the contract, grant, or loan award number; the application/proposal control number assigned
by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different
from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public
reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions
for reducinl! this burden, to the Office of Mana2ement and Bud2et, Paoerwork Reduction Proiect (0348-0046), Washinlrton, D.C. 20503.
Form DEP 55-221 (01101) Page 2 of 2
DEP Agreement No. G0087, Attachment F, Page 2 of2
DEP 55-215 (01/02)
ATTACHMENT G
r",dpPl<'lriOMB 110: 3m.lXI3lAJIIID"OlEapilt> I2GlKQ
LOBBYING AND IJTIGATION CERTIFICATE.
oEPA
I hereby certify that none of these fimds have been used to engage in the lobbying of
the Federal Govenunent or in litigation against the United States unless authorized
under existing law.
~~~
Chief Executive Officer
Assistance Agreement Number(s)**
Date
.Complete thisfonnpursuantto the 2001 Department of Veterans Affairs and Housing and Urban
Deve1ppment,andIndependent Appropriations Acts, Public Law 106-277, Section424 and 2000 Department
ofVetecans Affairs and Housing and
Urban Development. and Independent Appropriations Acts, Public Law 106-74, Section426 and any othec
subsequent Appropriation Actreq1.1irements.
· -n'certif)riog for more than one grant otmlber and. more space is needed,p lease list additionalotmlbersin
the space provided below:
Please mail this form to your Orant Spec:illlist. DO NOT send tms informalioo to the OffillC of Management &; Budget.
Burden Statement. The mnuaI public reporting and recold keeping burdal fer this coDectioo ofinfonnalion is estimated to 8VQ'88e
S minws per responcIcnt. . Burdcnmcaus the total time, eflOrt, or financial rcsoun:cs expended by persons to fJencratc, maintain,
retain, or disclose or provide iDfonnalion to or for.. Fedcral aamcy. Ibis includes the time needed to rcviewimtrulliions; dcvdop,
acqtire, install, and tililizc tcclmologyand systans for the purpOlel of collecting. validaling, and verifying information, processing
and 1"llintsining information, 8Dcl disclosing and prol'idq infonuatiou; adjust the existing ways to e~1y with any previously
applicable instructions and reqtircmcnts; lnIin,crsomd to be able to rcllpond to . collection ofinfonnation; sc.-chcIata sources;
eorqlletc and review the eoUelliionof informalion; and tranlmit or otheNise cisclose the infonnalion. An agency may not con~
orsponsOl', and. person is not requirccl to respoad to, . coUelliion ofinfonnation unless it displays a CUlTcndy valid OMB corirol
number. 1beOMB conlrol numbers forEPA.sreauJlIlions arc Iilltcclin40 CFRPart 9 and 48 CFR CluptcrH.
Send comments on the Agency's need foc this infonnatioo, the accuracy of the prol'iclecl burden estimates, md any suggested
methods for mmimi:ring ~spondaJt burden. incIucIing lbrough the use of lIUtomlIted coUcctioo tcdmiquca to the Dircctoc,
Regulatory InfOnnaion Dil'ision, U.s. EIMronmadld Protection Aacncy (2137), 401 M. St., S. W. Waslmgton, D.C. 20460; and to
thcOfiee ofInfonnation and Reaulatory Affairs, Office of Manaacmeot and Budget, m 17th StRet, NW. Wasbin&ton, DC
2OSOJ,Attcdion: Desk OfieerforEPA. Include the EPA ICRDI.IDJbcr and OMB eomrol rumba'in anyeorrcspondencc.
EPAFOIDlS700.:5J (Rev. 2-(2)
DEP Agreement No. G0087, Attachment G, Page I of I
ATTACHMENT H
QUALITY ASSURANCE REQUIREMENTS FOR DEP CONTRACTS
(last revised 5/20/03)
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-002/02), 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 certification 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 project
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-OOl/Ol ''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-002/02. In addition:
1. The fmal 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.
2. No analyses may be performed using expired reagents, calibration solutions or check solutions.
3. 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.
4. If a relative response factor is used to determine the sample concentration, the continuing calibration checks
must meet the method stated acceptance criteria.
DEP Agreement No. G0087, Attachment H, Page I of 4
5. Analytical sensitivity must be evaluated using a check standard prepared at the practical quantitation limit for
each analytical run as described above for PQLs.
6. The absolute value of the raw instrument value must be less than the MDL for all blanks.
7. 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 defmed in the report.
8. The reported MDL and PQL for each sample must be adjusted for dilution factors, and any relevant
preparation weights and volumes.
9. 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-ooIlOl dated January 1,2002.
B. Any non-standard field procedure shall be submitted for review and approval in 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 I" validation requirements as outlined in DEP-QA-002/02.
C. All applicable data qualifier codes as mandated by Chapter 62-160, F.A.C. and included in DEP-QA-002/02 shall
be used.
D. The Contractor shall adhere to the documentation and records requirements for project data contained in DEP-QA-
002/02.
E. 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.
5. AUDITS
A. AUDITS BY THE DEPARTMENT - Pursuant to 62-160.650, F.A.C., the Department may conduct audits offield 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 work done on the collection or
analysis of data.
B. PLANNING REVIEW AUDITS -
I. Initial: Within one month 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
DEP Agreement No. G0087, Attachment H, Page 2 of 4
any improvements to be made to the process, and refme 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
Department Contract Manager within one month of the review, and a copy shall be maintained with the
permanent project records.
2. Ongoing: Planning reviews as described in I above shall occur annually.
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 fmal report, the Contractor shall provide
statements about data usability relative to the Project Data Quality Objectives and Data Quality Indicators.
6. PLANNING DOCUMENTS
A. A Quality Assurance Project Plan (QAPP) shall be submitted to the Department Project Manager for review and
approval. The plan shall be consistent with the EP A Document EP A-QAIR-5, EP A 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 Contract 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 Department may terminate the
Contract in its entirety. Failure to provide acceptable QA Plans as required will result in suspension or termination
of this Contract.
C. The Department 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 D EP, 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 revisions are needed, the Contractor shall then have fifteen (15) days from the receipt of such comments to
respond. The Department 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) days after the Plan is received
by the Department, the Contractor shall have the option, 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 not
limited to:
I. 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 Department 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 Department Project Manager to suspend or terminate the Contract.
DEP Agreement No. G0087, Attachment H, Page 3 of 4
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 oflaboratory) 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.
Note: All documents referenced in the Attachment are available at the following website:
http://www.dep.state.fl.us
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0087, Attachment H, Page 4 of 4
ATTACHMENT I
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP AGREEMENT NO: GOOS7
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 a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or
local) terminated for cause or default.
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
,20_.
By ~... .Ii ~ --rr:.
Authorized Signature/Contractor
WILLIAM B. HORNE, II. CITY MANAGER
Typed Name!fitle
CITY OF CLEARWATER
Contractor's Firm Name
100 SOUTH MYRTLE AVENUE
Street Address
Building, Suite Number
CLEARWATER, FLORIDA 33756-5520
City/State/Zip Code
727 - 562-4747
Area Codeffelephone Number
Form DEP 55-220 (01101)
DEP Agreement No. G0087, Attachment I, Page 1 of2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
I. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this
transaction originated may pursue available remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary
covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not
knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48
CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the DEP or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 (01101)
DEP Agreement No. G0087, Attachment I, Page 2 of2
ATTACHMENT J
Contract Provisions
All contracts, awarded by a recipient including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with
E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
2. Copeland "Anti-Kickback" Act (18 V.S.C. 874 and 40 V.S.c. 276c) - All contracts and subgrants in
excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a
provision for compliance with the Copeland "Anti-Kickback" Act (18 V.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 Vnited 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 V.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000
shall include a provision for compliance with the Davis-Bacon Act (40 V.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"). Vnder this Act,
contractors shall be required to pay wages to laborers and mechanics at a rate not less than the
minimum wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of
the current prevailing wage determination issued by the Department of Labor in each solicitation and
the award of a contract shall be conditioned upon the acceptance of the wage determination. The
recipient shall report all suspected or reported violations to the Federal awarding agency. EP A does
not consider work performed under the 319 grants to fall under the definition of construction.
Therefore, this provision does not apply to this specific agreement number.
4. Contract Work Hours and Safety Standards Act (40 V.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500
for other contracts that involve the employment of mechanics or laborers shall include a provision for
compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40
V.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Vnder 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 Y2 times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to
construction work and provides that no laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
DEP Agreement No. G0087, Attachment J, Page 1 of 3
5. Rights to Inventions Made Vnder 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 Vnder Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
6. Clean Air Act (42 V.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 V.S.C.
1251 et seq.), as amended - Contracts and subgrants of amounts in excess of $100,000 shall contain a
provision that requires the recipient to agree to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 V.S.C. 7401 et seq.) and the Federal Water
Pollution Control Act as amended (33 V.S.C. 1251 et seq.). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 V.S.C. 1352) - Contractors who apply or bid for an award of
$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 V.S.C. 1352. Each tier shall also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on
the General Services Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."
This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and
contractors declared ineligible under statutory or regulatory authority other than E.O. 12549.
Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 V.S.C. 1368) and Section
1424(e) of the Safe Drinking Water Act, (42 V.S.C. 300h-3(e)) - Contracts and subgrants of amounts
in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all
applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water
Pollution Control Act, as amended (33 V.S.C. 1368) and Section 1424(e) of the Safe Drinking Water
Act, (42 V.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EP A).
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 V.S.C. 795), which
prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended
(42 V.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42
V.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; (g) Title vm of the Civil Rights Act of 1968 (42 V.S.c. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions
DEP Agreement No. G0087, Attachment J, Page 2 on
in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) which
may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
12. Compliance with the provision of the Hatch Act (5 U.s.C. 1501 - 1508 and 7324 - 7328) which
limit the political activities of employees whose principal employment activities are funded in whole or
in part with Federal funds.
13. Comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (p.L. 93-234) which requires recipients in a special flood hazard area
to participate in the program and to purchase flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of
1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilitiespursuant to
EP 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in
floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State
management program developed under the Coastal Zone Management Act of 1972 (16 D.S.C. 1451 et
seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c)
of the Clean Air Act of 1955, as amended (42 D.S.C. 7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and
(h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-
205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.c. 469a-l et seq.)
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (p.L. 89-544, as amended, 7 U.S.C.
2131 et seq.) pertaining to the care, handling, and treatment of warm bloodied animals held for
research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (pub. L. 94-163, 89 Stat. 871).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0087, Attachment J, Page 3 of 3
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 EP A regulations also impact grant
programs. The following list contains regulations and Office of Management and Budget Circulars which
ma a I to the work erformed under this A eement.
Subcha ter A - General
Uniform relocation assistance and real property acquisition for federal and federally
assisted ro ms
Nondiscrimination on the basis of handicap in programs or activities conducted by
EPA
Inter overnmental review of EP A ro ams and activities
Uniform administrative requirements for grants and agreements with institutions of
hi her education, hos itals and other non rofit or anizations
Subcha ter B - Grants and Other Federal Assistance
Uniform administrative requirements for grants and cooperative agreements to state
and local overnments
Governmentwide debarment and suspension (nonprocurement) and
governmentwide requirements for drug-free work place (grants); Clean Air Act and
Clean Water Act ineligibility of facilities in performance of federal contracts,
nts and loans
New restrictions on lobb in
State and local assistance
40 C.F.R. 4
40 C.F.R. 12
40 C.F.R. 29
. 40 C.F.R. 30
40 C.F.R. 31
40 C.F.R. 32
ATTACHMENT K
REGULATIONS
48 C.F.R. 31
A-21
A-87
A-122
A-133
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. G0087, Attachment K, Page I of 1