11/20/2013 Agreement %` ` . . AMY HEAVILIN CPA ir
CLERK OF CIRCUIT COURT & COMPTROLLER
c AK......„....._ . MONROE COUNTY,FLORIDA
DATE: December 11, 2013
TO: Roman Gastesi, County Administrator
ATTN: Connie Cyr, Aide to
County Administrator �
FROM: Vitia Fernandez, D.C. /
tf/ `1
At the Novermber 20, 2Q13, Board of County Commissioner's meeting the Board
granted approval and authorized execution of Item U10 Grant Agreement from the Florida Department
of Environmental Protection (FDEP) for funding of services to provide culvert design and permitting of
the third ranked culvert in the demonstration project list and sediment characterization testing for the
first and second ranked "organic removal" demonstration projects. The project will be funded with
$100,000 in funds provided by FDEP.
Enclosed are two (2) duplicate originals executed on behalf of Monroe County,for your
handling. Please be sure to return two fully executed duplicate originals as soon as possible. Should
you have any questions,please feel free to contact me.
cc: County Attorney (w/o ducuments)
Finance
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
AGREEMENT NO.S0679
STATE OF FLORIDA
GRANT AGREEMENT
PURSUANT TO LINE ITEM 1561 OF THE 2013-2014 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department") and the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, whose address is 1100 Simonton Street, Suite 2-283,Key West, Florida 33040 (hereinafter
referred to as "Grantee"), local government, to provide financial assistance for Culvert Design and Permitting and
Sediment Characterization in the Monroe County Canals.
In consideration of 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 "Grantee, and
"Recipient"are used interchangeably.
2. This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2014,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the date of
execution through the expiration date of this Agreement. This Agreement may be amended to provide for
additional services if additional funding is made available by the Legislature.
3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to
a maximum of$100,000. The parties hereto understand and agree that this Agreement does not
require a match on the part of the Grantee.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of deliverables identified in Attachment A, in accordance
with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment
Request Summary Form. All bills for amounts due under this Agreement shall be submitted in
detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be
submitted to the Department no later than June 20, 2014, to assure the availability of Ponds for
payment.
C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with the Attachment C, Contract Payment
Requirements, the Grantee shall comply with the minimum requirements set forth therein. The
Payment Request Summary Form shall be accompanied by supporting documentation and other
requirements as follows for each deliverable:
Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts which involve payments for direct salaries shall
clearly identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines that
multipliers charged by any subcontractor exceeded the rates supported by audit, the
Grantee shall be required to reimburse such funds to the Department within thirty (30)
DEP Agreement No.S0679,Page 1 of 8
days of written notification. Interest on the excessive charges shall be calculated based on
the prevailing rate used by the State Board of Administration. For fixed,price (vendor)
subcontracts,the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A.
Invoices submitted to the Department for fixed price subcontracted activities
shall be supported with a copy of the subcontractor's invoice and a copy of the
tabulation form for the competitive procurement process (Invitation to Bid or
Request for Proposals)resulting in the fixed price subcontract.
b. The Grantee may request approval from the Department to award a fixed price
subcontract resulting from procurement methods other than those identified in
the paragraph above. In this Stance, the Grantee shall request the advance
written approval from the Department's Grant Manager of the fixed price
negotiated by the Grantee. The letter of request shall be supported by a
detailed budget and Scope of Services to be performed by the subcontractor.
Upon receipt of the Department Grant Manager's approval of the fixed price
amount,the Grantee may proceed in finalizing the fixed price subcontract.
c. All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting
activities.
ii. Travel — The Grantee will not be reimbursed for travel expenses under the terms and
conditions of this Agreement.
iii. Equipment — (Capital outlay costing $1,000 or more) — The Grantee will not be
reimbursed for the purchase of non-expendable equipment costing $1,000 or more under
the terms and conditions of this Agreement.
D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. above, the
Department will periodically request proof of a transaction (invoice, payroll register, etc.) to
evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines
(including cost allocation guidelines), as appropriate. This information, when requested, must be
provided within thirty (30) calendar days of such request. The Grantee may also be required to
submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). State guidelines for allowable costs can be
found in the Department of Financial Services' Reference Guide for State Expenditures at
htto://www.tldfs.com/aadir/reference%5Feuide. -
E. i. The accounting systems for all Grantees must ensure that these funds are not commingled
with funds from other agencies. Funds from each agency must be accounted for
separately. Grantees are prohibited from commingling funds on either a program-by-
program or a project-by-project basis. Funds specifically budgeted and/or received for
one project may not be used to support another project. Where a Grantee's, or
subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall
have the right to demand a refund,either in whole or in part, of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund,and shall forthwith pay to the Department, the amount of money demanded by the
DEP Agreement No. 50679, Page 2 of 8
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another source(s), the Grantee shall reimburse the
Department for all recovered funds originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Administration. Interest shall be calculated from the date(s)the payment(s)are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
5. The Grantee shall utilize Attachment D, Progress Report Form,to describe the work performed during
the reporting period, problems encountered, problem resolution, schedule updates and proposed work for
the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later
than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood
and agreed by the parties that the term"quarterly"shall reflect the calendar quarters ending March 31,June
30, September 30 and December 31. The Department's Grant Manager shall have thirty(30) calendar days
to review the required reports and deliverables submitted by the Grantee. Final payment, of up to ten(10)
percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is
completed, all deliverables have been submitted, match requirements have been met and the Final Project
Report has been received and approved.
6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28,Florida Statutes.
7. A. The Department may [emirate 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.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a
deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed
for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days of
being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the
specified timeframe, the Department may, in its sole discretion, either: I) terminate this Agreement for
failure to perform, or 2)the Department Grant Manager may, by letter specifying the failure of performance
under this Agreement,request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to
the Department. All CAPs must be able to be implemented and performed in no more than sixty(60)days.
A. A CAP shall be submitted within ten(10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee
shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
DEP Agreement No. S0679,Page 3 of 8
•
above shall result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten(10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement.
In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the
Department shall retain the right to require additional or further remedial steps,or to terminate this
Agreement for failure to perform. No actions approved by the Department or steps taken by the
Grantee shall preclude the Department from subsequently asserting any deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above,as permitted by the Agreement.
9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public
access to all documents, papers, letters, or other material made or received by the Grantee in conjunction
with this Agreement, unless the records are exempt from Section 24(a)of Article I of the State Constitution
and Section 119.07(1)(a),Florida Statutes.
10. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for five(5) years following Agreement completion. In the
event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes.
11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto
and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
850/245-2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining
whether the relationship represents that of a subrecipient or vendor. For state financial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found
under the"Links/Forms"section appearing at the following website:
https://apps.fldfs.com/fsaa
DEP Agreement No.S0679,Page 4 of 8
•
The Grantee should confer with its chief financial officer,audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
12. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the
Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is
ultimately responsible for all work to be performed under this Agreement. 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 Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
13. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
14. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Agreement. The Grantee acknowledges that this requirement
includes,but is not limited to,compliance with all applicable federal, state and local health and safety rules
and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of
this Agreement.
15. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses
below.
16. The Department's Grant Managers(which may also be referred to as the Department's Project Manager)for
this Agreement are identified below.
Randy Landers
Florida Department of Environmental Protection
South District
Post Office Box 2549
Ft.Myers,Florida 2549
Telephone No.: (239) 344-5659
Fax No.: (850)412-0590
E-mail Address: RandaLlanderst dep.state.tl.us
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. 50679, Page 5 of 8
17. The Grantee's Grant Manager for this Agreement is identified below.
Rhonda Haag,Sustainability Program Manager
Monroe County Board of County Commissioners
Government and Cultural Center
102050 Overseas Highway, Suite 246
Key Largo,Florida 33037
Telephone No.: (305)453-8774
E-mail Address: Haag-Rhondaamonroecounty-fl.gov
18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the
work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the its 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.
19. 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.
20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
21. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement.
22. The Department may at any time,by written order designated to be a change order, make any change in the
Grant Manager infomution or task timelines within the current authorized Agreement period. All change
orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which
causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this
Agreement.
23. If the Grantee's project involves environmentally related measurements or data generation, the Grantee
shall develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet project objectives and
to minimize loss of data due to out-ofcontrol conditions or malfunctions. All sampling and analyses
performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida
Administrative Code, and the Quality Assurance Requirements for Department Agreements,attached hereto
and made part hereof as Attachment F,Quality Assurance Requirements.
•
24. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in;be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid
on a contract to provide goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perfonn 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
DEP Agreement No.50679,Page 6 of 8
4
responsible for maintaining the discriminatory vendor list and posts the list on its website.
Questions regarding the discriminatory vendor list may be directed to the Florida Department of
Management Services,Office of Supplier Diversity,at(850)487-0915.
25. Land acquisition is not authorized under the terms of this Agreement.
26. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any action hereon or in connection herewith shall be brought in Leon County,Florida.
27. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement,unless
otherwise provided herein.
IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed,the day and year
last written below.
MONROE COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF
COUNTY n: MISSIO Mipp� ENVIRONMENTAL PROTECTION
•
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MONROE COUNTY ATTORNEY
1t ROVED AS TO Fa' : andy Landers,DEP Grant Manager
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'For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement,a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
Grantee must accompany the Agreement.
DEP Agreement No. 50679,Page 7 of 8
•
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description(include number of pages)
Attachment A Grant Work Plan(6 Pages)
Attachment B Payment Request Summary Form(2 Pages)
Attachment C Contact Payment Requirements(1 Page)
Attachment D Progress Report Form(1 Page)
Attachment E Special Audit Requirements(5 Pages)
Attachment F Quality Assurance Requirements(14 Pages)
DEP Agreement No. S0679,Page 8 of 8
ATTACHMENT A
GRANT WORK PLAN
Project Title: Culvert Design and Permitting and Sediment Characterization in the Monroe County Canals
Project Location:Monroe County
Florida Keys Watershed/HUC=03090203.
Project Background:
The work to be accomplished under this Agreement has been identified by the Canal Restoration Advisory
Subcommittee of the Florida Keys National Marine Sanctuary (FKNMS) Water Quality Protection Program
(WQPP)as one of the high priority projects to assist with Monroe County canal water quality restorations.
Many of the canals in the FKNMS do not meet the State's minimum water quality criteria for dissolved oxygen and
contain accumulations of organic debris from the deposition of weed wrack trapped in the dead ends of the canals.
This project is a priority of the FKNMS WQPP Steering Committee which recently passed a motion to develop a
plan to prioritize canal restoration projects and to identify funding sources for these projects. The tourism economy
of the Keys depends largely on clean water and a healthy environment and this project is fully supported by the
WQPP Steering Committee and local governments in Monroe County. The successful implementation of this
project is also consistent with the goals of the Florida Keys Reasonable Assurance Document that was recently
adopted by the Department in order to satisfy the requirements of the Impaired Waters Rule,Chapter 62-303 of the
Florida Administrative Code.
This Agreement contains multiple tasks all related to moving several canals closer to implementation of
demonstration canal water quality improvement restorations. The work under this Agreement includes the
- preparation of the final design and permit package for installation of the thud ranked culvert in the Monroe County
-- demonstration-project ranking list at a canal in Geiger Key (#472). It also includes detailed sediment
characterization testing which is needed to prepare final engineering designs for organic removal in the two canals
(Big Pine Key#266 and#290)selected for funding of this restoration method in the unincorporated Monroe County
demonstration projects. All of these tasks are required to implement the identified different restoration technologies.
Project Description:
CULVERT DESIGN AND PERMITTING
This project will consist of preparation of the design and permit package for a culvert connection between canal
#470 and #472 in Geiger Key, Florida. The objectives of the project are to: (1) complete preliminary, final and
corrected final design plans; (2) complete hydraulic modeling of the system; (3)prepare permit packages for state,
federal,and local permit applications at the completion of final design plans;and(4)complete construction technical
specifications and engineer's probable construction cost estimate. With the mandate to complete this project by the
end of tune 2014,it cannot be guaranteed that all permits will be received by the end of this Agreement period.
The culvert design and permitting scope of work will be divided into 5 tasks as follows:
Task 1:Data Collection/Processing for Culvert Design and Permitting
The first task related to the culvert design and permitting will be collection and processing of data required to
prepare the designs and permit applications.
DEP Agreement S0679,Attachment A,Page I of6
Bathometric and Topographic Survey
The Grantee's subcontractor will obtain bathymetric and topographic data for the affected canal area and
surrounding structures within the project boundary. The bathymetric survey will be carried out utilizing a survey-
grade GPS unit operating in Real Time Kinematic (RTK) mode mounted atop an adjustable height rod. This
apparatus will be used in a boat to traverse the canal area as best as possible to establish a grid of canal bottom
elevations sufficient to develop a digital elevation model. The topographic data will be acquired using traditional
survey methodologies for the road, existing utilities,private property, and any other significant structure within the
project boundary. Jurisdictional wetland lines and associated water elevations will be determined as required for
permitting. Topographic and bathymetric maps will be prepared for design and permitting of the project. The
survey and all subsequent work will be relative to the North American Datum of 1983/2007 Adjustment
(NAD83/07) and the North American Vertical Datum of 1988 (NAVD88) based on nearby National Geodetic
Survey (NGS) and/or Florida Department of Transportation (FDOT) horizontal and vertical geodetic control
monuments. All surveying and mapping services associated with this assignment will conform with the applicable
requirements of the Department's Bureau of Survey and Mapping,and applicable sections of Florida Administrative
Rule Chapter 51-17,Minimum Technical Standards,pursuant to Chapter 472,Florida Statutes.
Ecological Surveys
The Grantee's subcontractor will conduct a determination of the boundaries of jurisdictional waters of the U.S.,
including wetlands, on the subject site as required for permitting. Wetlands will be defined using the Routine On-
Site Determination method as described in the 1987 United States Army Corps of Engineers (USACE) Corps of
Engineers Wetlands Delineation Manual or the Delineation of the Landward Extent of Wetlands and Surface Waters
[Florida Department of Environmental Protection(FDEP), Chapter 62.340,F.A.C]. Both protocols use a series of
tests to address three (3) characteristics of wetlands, including the presence/absence of hydrophytic vegetation,
wetland hydrology,and hydric soils.
Prior to the site visit, the Grantee's subcontractor will research and assemble available soil surveys, site topographic
maps,and National Wetland Inventory maps to preliminarily identify potential waters of the U.S,wetlands and streams.
The Grantee's subcontractor will then conduct the field visit to characterize the delineated wetlands. Delineation
includes on-site determination,marking in the field with a handheld GPS unit(sub-meter accuracy), and flagging of
the aerial extent of each wetland (if any). If any wetlands are identified then a Uniform Mitigation Assessment
Method form will be completed. In conjunction with the wetland delineation, the subcontractor's scientists will
conduct a threatened and endangered species survey as required in an Environmental Resource Permit(ERP)for the
proposed action.
The subcontractor's scientist permitted by the Florida Keys National Marine Sanctuary will conduct an in-water
survey of the benthos for the purpose of identifying the presence any sensitive aquatic resources (i.e. seagrasses,
corals,or sponges)within the immediate area of the project.
Engineering Recon and Geotechnical Exploration
The Grantee's subcontractor will conduct an engineering site visit to determine the site conditions within the project
boundary. A geotechnical field exploration will also be performed consisting of installation of two soil borings at
select locations across the project. The soils will be identified and classified by means of the Unified Soil
Classification System as prescribed in ASTM Designations D2487 and D2488. Only nominal laboratory
- classification and index testing is proposed(i.e. moisture content,grain size analysis,organic content and corrosivity
on one sample). These tests will help enable us to estimate the skin friction and bearing characteristics of the
subsurface soils on the basis of empirical correlations and our prior experience.
Task 1 Deliverables: The final deliverable products will be a technical memorandum which summarizes the work
completed under Task I. The technical memorandum will include the following attachments: 1) a certified
Surveyor's Report of the survey operation and results; 2) a project narrative of the biological survey results for
submittal with the permit application; 3) a summary of site conditions affecting the engineering design and a log of
each geotechnical borehole, along with plan/profile/cross-sectional views of the location of the boreholes and
subsurface conditions for submittal with the permit application.
DEP Agreement S0679,Attachment A,Page 2 of 6
Budget: $29,766.50 for contractual services
Performance Measure: The Department's Grant Manager will review the technical memorandum, certified
surveyor's report;project narrative of the biological survey results and the summary of site conditions effecting the
engineering design and a log of each geotechnical borehole, along with plan/profile/cross-sectional views of the
location of the boreholes and subsurface conditions for submittal with the permit application and will consult with
the appropriate Department staff including the Department's Bureau of Survey and Mapping to verify the
deliverables conform with the criteria found in 51-17,F.A.C.,pursuant to Chapter 472,F.S. .
Completion Date:January 31,2014
NOTE: Payment will be upon completion of the task and review and approval of the deliverables by the
Department.
Task 2:Culvert Preliminary Design Submittal and Pre-application Permit Meetings
Task 2.1 Preliminary Design
The Grantee's subcontractor will prepare preliminary design plans and technical specifications for the project. The
preliminary design plans will include an existing site plan, proposed site plan, proposed grading plans, erosion and
sediment control plans, and construction details. As part of the preliminary design package, the subcontractor will
prepare a preliminary hydraulic model using HEC-RAS 4.1.
Task 2.1 Deliverables: Preliminary design plans for culvert installation between canals #472/#470 including
existing site plan,proposed site plan,proposed grading plans, erosion and sediment control plans, and construction
details. The results of the preliminary hydraulic model using HEC-RAS 4.1 will be included.
Budget: $9,358.00 for contractual services
Performance Measure: The Department's Grant Manager will review the preliminary design plans, including the
existing site plan,proposed site plan,proposed grading plans, erosion and sediment control plans and construction
plans and will consult with the appropriate staff of DEP to verify the deliverables provide a design that has been
developed to the level of detail that is appropriate for the phase of work. Whereas the design documents for this
phase of work shall contain a level of detail that is approximately 30%of the final design documentation.
Completion Date: February 17,2014
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
Task 2.2 Attendance at Pre-application Meetings
The Grantee's subcontractor will coordinate and attend pre-application permitting meetings. It is assumed that the
Department of Environmental Protection, South Florida Water Management District, United States Army Corp of
Engineers, FKNMS, Monroe County, and the Florida Department of Transportation will all be consulted. In order
to meet the proposed project schedule these meetings need to occur no later than Feb 21,2014.
Task 2.2 Deliverable: Meeting minutes of the pre-application permitting meetings and any additional
communications relating to the meetings.
Budget:$9,296.90 for contractual services.It is understood that any additional funds necessary for the
completion of this deliverable is the responsibility of the Grantee.
DEP Agreement S0679,Attachment A,Page 3 of 6
Performance Measure: The Department's Grant Manager will review the minutes and related communications
and will consult with the appropriate staff of DEP to verify the meetings were conducted with all required agencies.
Completion Date: Feb 28,2014
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
Task 3: Final Design Submittal for Culvert Installation
The Grantee's subcontactor will update the plans, specifications, and hydraulic model in response to regulatory
agency comments. The subcontractor will prepare final design plans, technical specifications, and engineer's
construction cost estimate for project. The final design plans will include an existing site plan, proposed site plan,
proposed grading plans,erosion and sediment control plans, cut/fill analysis and construction details. The Grantee's
subcontactor will prepare a final hydraulic model using HEC-RAS 4.1. It is anticipated that no additional field data
collection will be required.
Task 3 Deliverables: Final design plans, technical specifications, and engineer's construction cost estimate for
culvert installation between canals 4472/4470. The final design plans will include an existing site plan, proposed
site plan,proposed grading plans, erosion and sediment control plans, cut/fill analysis and construction details. The
final design package will also include a technical memorandum of the hydraulic modeling using HEC-RAS
4.lwhich will include a summary of the methodology,results,schematics,tabulated outputs and hydrographs.
Budget:$6,210.00 for contractual services
Performance Measure: The Department's Grant Manager will review the final design plans, technical
specifications, and engineer's construction cost estimate for culvert installation between canals 4472/#470 to verify
that the plans include an existing site plan,proposed site plan,proposed grading plans, erosion and sediment control
plans,cut/fill analysis and construction details. The Department's Grant Manager will, if necessary,consult with the
appropriate Department staff to verify the deliverables provide a design that has been developed to the level of detail
that is appropriate for the phase of work. Whereas the design documents for this phase of work shall contain a level
of detail that is approximately 60%of the final design documentation.
Completion Date: March 28,2014
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
Task 4:Preparation and Submittal of Permit Application Packages for Culvert Installation
The Grantee's subcontractor will complete and submit local, state, and federal permit applications, using the final
design plans. Based upon preliminary discussions with regulatory agencies the following permit packages will be
prepared:
• Environmental Resource Permit(ERP)
• Army Corps of Engineers Permit(USACE)
• FKNMS Permit
• Monroe County Public Right-of-Way(ROW)Use Permit
• FDOT MOT plans.
Estimated permit fees of$5,000 are included in the costs of this Agreement and included in the subcontractor cost.
No mitigation fees are included.
Task 4 Deliverables:Permit application packages for the following permits(if required): ERP,USACE,FKNMS,
Monroe County ROW,FDOT MOT.
DEP Agreement S0679,Attachment A,Page 4 of 6
Budget:$15,043.10 for contractual services
Performance Measure: The Department's Grant Manager will review the permit application packages to verify
that they are complete and will consult with the appropriate Department staff to confirm the requirements necessary
for the permits.
Completion Date: April 4,2014
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
Task 5:Corrected Culvert Installation Final Design Submittal
The Grantee's subcontractor will prepare corrected final design plans, technical specifications, and engineer's
construction cost estimate for the project. The corrected final design plans will incorporate comments from
permitting agencies, Monroe County and the Department received up to lune 4, 2014. It is anticipated that no
additional field data collection is required.
Task 5 Deliverables: Final design plans, technical specifications, and engineer's construction cost estimate for
culvert installation between canals #472/#470. The final design plans will include an existing site plan, proposed
site plan,proposed grading plans,erosion and sediment control plans, cut/fill analysis and construction details. The
final design package will also include the final results of the hydraulic model using HEC-RAS 4.1 with a revised
technical memorandum. These final plans will incorporate revisions related to comments received from permitting
agencies,Monroe County and DEP up to June 4, 2014. Four(4) sets of signed sealed plans will be provided. The
Grantee's subcontractor cannot guarantee that permits will be received within the time frame of this Agreement
period, as the regulatory review time is out of the subcontractor's control. If final regulatory review comments are
not received by June 4, 2014, the Grantee cannot guarantee that additional revisions may be required of the Task 5
Final Design Deliverables. These revisions are beyond the scope of this work plan and will have to be completed
under another funding source.
Budget:$5,426.00 for contractual services
Performance Measure: The Department's Grant Manager will review the final design plans, technical
specifications,and engineer's construction cost estimate for culvert installation between canals#472/#470 verifying
that the final design plans include an existing site plan, proposed site plan, proposed grading plans, erosion and
sediment control plans, cut/fill analysis and construction details. The final design package must also include the
final results of the hydraulic model using HEC-RAS 4.1 with a revised technical memorandum. These final plans
must incorporate revisions related to comments received from permitting agencies, Monroe County and DEP up to
June 4, 2014. Four (4)sets of signed sealed plans must be provided. The Department Grant Manager will consult
with other appropriate staff of DEP if necessary.
Completion Date:June 16,2014
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
SEDIMENT CHARACTERIZATION
Task 6: Sediment Characterization
Sediment samples be collected from the two (2) canals recommended for organic removal during the Monroe
County demonstration projects, Canal #266 located between Bailey and Witters Lanes and Canal #290 located
between Avenues I and J,both in Big Pine Key. In order to prepare design packages and develop detailed costs,it is
proposed that nine sediment cares be collected in each canal. The samples will be collected at three (3) locations
(back, middle and front of each canal) to develop cross sections of the sediment. The existing centerline
bath chic data will be reviewed to assist with the selection of the exact locations. Three 3)core s. •les will be
DEP Agreement S0679,Attachment A,Page 5 of 6
at each location. Cores will be logged for evaluation of variations in organic content that will influence the need to
remove the material. In order to confirm the organic content at various locations and depths it is proposed that up to
9 samples per canal (total 18 samples) be analyzed for total organic content by ASTM-D-2974 at a geotechnical
laboratory.
Additionally, three (3) samples from each canal will be submitted for grain size distribution analysis by ASTM D-
422 to assist with the design for removal of the material from the canal bottoms (total 6 samples). The physical
testing will be performed at a AMEC's Geotechnical Lab.
Additionally, one (I) composite sample from canal #290 will be submitted for chemical characterization to
determine disposal options (data is already available for #266). Test America Analytical Laboratories, a State
National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory will perform the
analyses. The proposed test methods are based upon the previous list of disposal parameters completed under DEP
Agreement No. S0640 and include:
- Organochlorine Pesticides and PCBs by 8081/8082
- Chlorinated Herbicides by 8151
- 8 RCRA Metals by 6010/7471
- Copper by 6010
- Polynuclear Aromatic Hydrocarbons(PAHs)by 8270 low level
- Total Recoverable Petroleum Hydrocarbons(TRPH)by FL-PRO
- TCLP metals(if required based upon total metal's concentrations).
Additionally, one(1) composite sample from each canal will be collected and submitted for Synthetic Precipitation
Leaching Procedure(SPLP)analysis for Copper,Arsenic and Lead to determine leachability.
The Quality Assurance Project Plan developed under DEP Agreement No. 50640 will be updated for this work. No
field quality control samples will be collected.
It is also proposed that bench scale polymer dosing testing be done on one sample from each canal to assist with the
dewatering design. This testing is being done to evaluate the turbidity of the dewatering fluid prior to discharge.
Toxicity testing is not included and additional polymer testing may be required for the final design.
Deliverable: A technical memorandum containing the above referenced test results, revised volumes of sediment
recommended for removal, and a summary of sediment disposal options that will meet all applicable Department
regulations,including the requirements of Chapter 62-160 of the Florida Administrative Code.
Budget:$24,899.50 for contractual services
Performance Measure: The Department's Grant Manager will review the technical memorandum containing the
referenced test results,revised volumes of sediment recommended for removal, and a summary of sediment disposal
options to verify that they meet all applicable Department regulations,including the requirements of Chapter 62-160
of the Florida Administrative Code. The Department Grant Manager will also consult with the Department's
Standards and Assessment Section and the Division of Waste Management staff to determine if they are acceptable
using the following criteria:
1. The sampling and test procedures must be conducted in accordance with the requirements of Chapter 62-
160 of the Florida Administrative Code.
2. The sediment disposal options provided in the technical memorandum must be consistent with all
applicable Departments' regulations.
NOTE: Payment will be upon completion of the task and review and approval of the deliverables.
Completion Date:January 31,2014
TOTAL ALL TASKS: $100,000.00
DEP Agreement S0679,Attachment A,Page 6 of 6
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Grantee: Grantee's Grant Manager:
Mailing Address:
Payment Request No.:
DEP Agreement No.:
Date Of Request: Performance
Period:
Task/Deliverable Amount TasWDeliverable
Requested:$ No.:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE
PAYMENT MATCHING
REQUESTS FUNDS
Salaries $N/A SN/A SN/A SN/A
Fringe Benefits $N/A SN/A SN/A SN/A
Travel(if authorized) $N/A $N/A SN/A SN/A
Subcontracting: SN/A $N/A
Contractual Services $ $ $N/A SN/A
Design SN/A $N/A SN/A SN/A
Construction SN/A SN/A $N/A SN/A
Equipment Purchases SN/A SN/A SN/A SN/A
Supplies/Other Expenses SN/A SN/A SN/A SN/A
Land $N/A SN/A SN/A $N/A
Indirect SN/A $N/A SN/A SN/A
TOTAL AMOUNT $ $ SN/A SN/A
TOTAL TASK/DELIVERABLE $ $N/A
BUDGET AMOUNT
Less Total Cumulative Payment $ SN/A
Requests of:
TOTAL REMAINING IN TASK $ SN/A
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
DEP 55-223(03/12)
DEP Agreement No. S0679,Attachment B,Page 1 of 2
•
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
GRANTEE: Enter the name of the grantee's agency.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
DEP AGREEMENT NO.: This is the number on your grant agreement.
DATE OF REQUEST: This is the date you are submitting the request.
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST'column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable
that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or
claiming match for(must agree with the current Grant Work Plan).
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for
which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current
Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved
budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on
the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the
total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT
REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK
BUDGET AMOUNT'for the amount to enter on the"TOTAL REMAINING IN TASK'line.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been
requested to date for reimbursement by budget category. The final request should show the total of all requests; first
through the final request(this amount cannot exceed the approved budget amount for that budget category for the task you
are reporting on). Enter the column total on the"TOTALS"line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task
you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant
Work Nan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the
"TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous
match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL
CUMULATIVE PAYMENTS OF' from the "TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL
REMAINING IN TASK' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date
for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should show the
total of all claims,fast claim through the final claim,etc. Do not enter anything in the shaded areas.
GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant
agreement and the Grantee's Fiscal Agent.
NOTES:
If claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services,Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
DEP 55-223(03/12)
DEP Agreement No.S0679,Attachment B,Page 2 of 2
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(I) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits,then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code,regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: htto://www.fldfs.com :eference euide.htm
DEP 55-219(05/2008)
DEP Agreement No,S0679,Attachment C,Page I of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: S0679
Grantee Name:
Grantee Address:
Grantee's Grant Manager: Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
S0679 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
DEP Agreement No. S0679,Attachment D, Page I of I
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 defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-I33,as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT Ito this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year,the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-I 33,
as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-I 33,as revised,the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the intemet at httos://www.cfda.gov/.
•
DEP 55-215(03/09)
DEP Agreement No. S0679,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)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph l; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less tharr$500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes,the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at httos://apns.fldfsiom/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.ua/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/, Department of Financial Services' Website at ://www.fldfs.com/ and the
Auditor General's Website at httn://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to spec fy any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.a, 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(8), 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
I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133,as revised,by or on behalf of the recipient directly to each of the following:
DEP 55-215(03/09)
DEP Agreement No. S0679,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
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January I,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvesteccensus.gov/fac/
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(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor,to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
Ill West Madison Street
Tallahassee,Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215(03/09)
DEP Agreement No. S0679,Attachment E, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550(local governmental entities)or 10.650(nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circule 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(03/09)
DEP Agreement No. S0679,Attachment E, Page 4 of 5
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Attachment F
Quality Assurance Requirements
1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter
62-160,Florida Administrative Code(F.A.C.)and"Requirements for Field and Analytical Work performed for
the Department of Environmental Protection under Contract"(DEP-QA-002/02),February 2002.
2. LABORATORIES
a. The CONTRACTOR shall ensure that all chemistry laboratory testing activities, including TCLP and
SPLP,are performed by laboratories certified by the Florida Department of Health Environmental
Laboratory Certification Program(DoH ELCP)for all applicable matrix/method/analyte combinations to be
measured. Certification is not required for the analysis of geotechnical tests including total organic content
by ASTM D-2974,grain size by ASTM D-422,water content by ASTM-D-2216,pH by FDOT FL Method
(FM)5-550,Electrical Resistivity by FDOT FM 5-5551 or bench-scale polymer dose tests.
b. If the laboratory is not certified for some or all of the proposed test measurements,as required above,the
laboratory shall apply for certification within one month of Contract execution. Within six months of
Contract execution,the laboratory shall be fully certified for all applicable matrix/method(or analytical
technology)/analyte combinations to be performed. Regardless of when the laboratory receives
certification,the laboratory must implement all applicable standards of the National Environmental
Laboratory Accreditation Conference(NELAC)upon Contract execution.
c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract.
Should certification for an analyte or test method be lost,all affected tests shall be immediately sub-
contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte
combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before any change
to a sub-contracted laboratory is made.
d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each
contracted or sub-contracted laboratory shall be provided to the DEP contract manager upon Contract
execution or upon receiving DoH certification(see items 2.a and 2.b above).
e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability(IDOC),as
described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that
performs any of the proposed matrix/method(or analytical technology)/analyte combination(s)must have
the requisite IDOC documentation and supporting laboratory records. If requested by the Department,
documentation that supports the IDOC shall be made available for review.
f. When performance test samples are not required by Doll ELCP for certification,the laboratory shall
obtain, analyze and evaluate performance test samples,standard reference materials(SRM)or other
externally assayed quality control(QC)samples,hereinafter known collectively as quality control check
(QCC)samples.
(I) The laboratory shall ensure that the selected QCC samples(s)represent all matrix/method/analyte
combinations that are not subject to certification requirements.
(ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable
range established by the QCC sample provider.
(iii) Before providing analytical services for this Contract,the laboratory must provide to the DEP contract
manager the results of the QCC sample(s)and the associated acceptable range(s)as established by the
QCC sample provider. The submitted results must be from QCC samples that have been completed
within the previous six months prior to the submission date.
g. Any non-standard laboratory procedures or methods that are proposed for use(i.e.,those not approved by
DEP for standard environmental analyses)shall be submitted for review and approval by the DEP contract
manager. These procedures or methods shall be approved by the DEP contract manager before use under
this Contract and must be cited or described in the required planning document(see Section 6).All
proposed tests for total organic content,grain size, water content,electrical resistivity,and bench-scale
polymer dosing shall be considered non-standard environmental analyses for the purpose of this contract.
h. The CONTRACTOR shall ensure that Practical Quantitation Limits(PQLs)and Method Detection Limits
(MDLs)required by the Contract are listed in the planning document(see Section 6).
i. The CONTRACTOR shall ensure that the selected laboratory test methods listed in the planning document
can provide results that meet the Contract data quality objectives.
j. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as
approved in the planning document(see Section 6).
DEP Agreement No. S0679 Attachment F, Page 1 of 7
k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with
Chapter 5 of the NELAC standards.
I. In addition,the CONTRACTOR shall ensure that the quality control requirements specified in Addendum
1 are followed.
m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures
specified in the analytical methods approved in the planning document.
3. FIELD ACTIVITIES
a. "Sample"refers to samples that have been either collected or analyzed under the terms of this Contract.
b. The CONTRACTOR shall ensure that all sample collection and field testing activities are performed in
accordance with the Department's"Standard Operating Procedures for Field Activities"(DEP-SOP-001/01,
March 31,2008). The specific standard operating procedures(SOPs)to be used for this Contract shall be
cited in the planning document(see Section 6).
c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager
in accordance with section FA 2000 of DEP-SOP-001/01. All non-standard procedures and methods must
be approved by the DEP contract manager before use under this Contract and must be cited or described in
the planning document.
4. REPORTING.DOCUMENTATION AND RECORDS RETENTION
a. The CONTRACTOR shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and
.340, F.A.C.are retained for a minimum of five years after the project completion.
b. All field and laboratory records that are associated with work performed under this Contract shall be
organized so that any information can be quickly and easily retrieved for inspection,copying or
distribution.
c. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC
requirements. These reports shall be submitted to the DEP contract manager and shall include the
following information:
Laboratory sample identification(ID)and associated Field ID
Analytical/test method
Parameter/analyte name
Analytical result(including dilution factor)
Result unit
Applicable DEP Qualifiers per Table I of Chapter 62-160,F.A.C.
Result comment(s)to include corrective/preventive actions taken for any failed QC measure(e.g.,
QC sample,calibration failure,etc.)or other problem related to the analysis of the samples
Date and time of sample preparation(if applicable)
Date and time of sample analysis
Results of laboratory verification of field preservation
Sample matrix
Doll ELCP certification number for each laboratory(must be associated with the test result(s)
generated by the laboratory)
MDL
PQL
Sample type(such as blank type,duplicate type,etc.)
Laboratory QC blank results:
• Laboratory QC blank analysis results as required by the method,NELAC Chapter 5 and
the planning document(see Section 6 below);
Results of sample matrix spikes,laboratory duplicates or matrix spike duplicates,as applicable
Results of surrogate spike analyses(if performed)
Results of laboratory control samples(LCS)
Link between each reported quality control measure(e.g.,QC blanks, matrix spikes,LCS,
duplicates,calibration failure,etc.)and the associated sample result(s)
Acceptance criteria used to evaluate each reported quality control measure
d. The CONTRACTOR shall ensure that the following field-related information is reported to the DEP
contract manager:
/ Site and/or facility name,address and phone number
/ Field ID for each sample container and the associated analytes(test methods) for which the
container was collected
DEP Agreement No. S0679 Attachment F, Page 2 of 7
I Date and time of sample collection
/ Sample collection depth
Sample collection method identified by the DEP SOP number,where applicable
Narrative comments discussing corrective/preventive actions taken for any problems related to the
sampling event.
(I) NOTE: Specific information for each sample location collected to form composite samples submitted
for laboratory analyses shall be provided as applicable per the above.
e. The Department reserves the right to request some or all of the laboratory or field information in a specified
format.
(i) The CONTRACTOR shall submit the data electronically using the following format:pdf.
(ii) The CONTRACTOR shall use the following hard copy format for reporting results: Level II.
5. AUDITS
a. AUDITS BY THE DEPARTMENT—Pursuant to Rule 62-160.650,F.A.C.,the Department may conduct audits
of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite
audits,the CONTRACTOR,upon request by the Department,must provide all field and laboratory records
pertinent to the contracted field and laboratory activities. If an audit by the Department results in a
determination that the reported data are not usable for the purpose(s)or do not meet the data quality
objectives specified by the Contract,the DEP contract manager shall pursue remedies available to the
Department,including those outlined in Section 8 below.
b. PLANNING REVIEW AUDITS—
(I) Initial: Immediately after the completion of the sampling and analysis event,the CONTRACTOR and
all associated subcontractors shall review the planning document(see Section 6 below)relative to the
completed field and laboratory activities to determine if the data quality objectives are being met,
identify any improvements to be made to the process,and refine the sampling and/or analytical design
or schedule. Within two months of the review,a summary of the review, including any corrective
action plans or amendments to the planning document, shall be sent to the DEP contract manager and a
copy shall be maintained with the permanent project records.
c. QUALITY SYSTEMS AUDITS—The CONTRACTOR and all subcontractors shall ensure that any required
laboratory and field quality system and management systems audits are performed according to the
respective Quality Manuals for each contracted and sub-contracted entity. These audits shall be
documented in the CONTRACTOR's and subcontractors'records.
d. STATEMENTS OF USABILITY—As a part of the audit process and the final report,the CONTRACTOR shall
provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality
Indicators specified in the planning document,this attachment and Addendum I.
(i) The CONTRACTOR shall ensure that all acceptance and usability criteria required by this Contract
not specified above are listed in the planning document.
(ii) The CONTRACTOR shall ensure that the results of all quality control measures described above are
evaluated according to the acceptance criteria listed in this attachment,Addendum 1 and the planning
document.
(Ili) The CONTRACTOR shall ensure that all sample results are evaluated according to the additional
usability criteria specified in the planning document.
6. PLANNING DOCUMENT
a. The CONTRACTOR shall submit the planning document identified below to the DEP contract manager no
later than 30 days prior to the commencement of field and laboratory activities. Failure to submit the
planning document in this required timeframe shall result in a delay of approval to begin work until the
document has been submitted to the Department and approved by the DEP contract manager. The
document shall be submitted as a
(i) Sampling and Analysis Plan(or project proposal). The plan shall discuss the information contained in
the document`Requirements for Field and Analytical Work Performed for the Department of
Environmental Protection Under Contract",DEP-QA-002/02.
b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department
for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning
DEP Agreement No. S0679 Attachment F,Page 3 of 7
document after the third(final)submission to the Department,the DEP contract manager may suspend or
terminate the Contract.
c. The DEP Contract number shall appear on the title page of the submitted planning document. Within
fifteen(15)days of receipt of the properly identified planning document by the Department,the
Department shall review and either approve the planning document or provide comments to the
CONTRACTOR and affected subcontractors as to why the planning document is not approved. If further
revisions are needed,the CONTRACTOR shall then have seven(7)days from the receipt of review
comments to respond. The Department shall respond to all revisions to the planning document within
fifteen(15)days of receipt of any revisions.
d. If the review of the planning document by the Department is delayed,through no fault of the
CONTRACTOR,beyond forty five(45)days after the planning document is received by the Department,
the CONTRACTOR shall have the option,after the planning document is approved,of requesting and
receiving an extension in the term of the Contract for a time period not to exceed the period of delayed
review and approval. This option must be exercised at least sixty(60)days prior to the current termination
date of the Contract.
e. Work may not begin for specific Contract tasks until approval has been received by the CONTRACTOR
from the DEP contract manager. Sampling and analysis for the Contract may not begin until the planning
document has been approved.
f. Once approved,the CONTRACTOR shall follow the protocols specified in the approved planning
document including,but not limited to:
x Ensuring that all stated quality control measures are collected,analyzed and evaluated for
acceptability;
X Using only the protocols approved in the planning document;and
1 Using only the equipment approved in the planning document.
g. If any significant changes in procedures or test methods,changes in equipment,changes in subcontractor
organizations or changes in key personnel occur,the CONTRACTOR shall submit appropriate revisions of
the planning document to the DEP contract manager for review. The proposed revisions may not be
implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to
submit the required revisions,the DEP contract manager may suspend or terminate the Contract. These
amendments shall be
(i) Documented through written or electronic correspondence with the DEP contract manager and
incorporated into the approved planning document.
7. DELIVERABLES
a. The following lists the expected schedule for the deliverables that are associated with the Quality
Assurance requirements of this Contract:
(I) Copy of Doll ELCP Certificate(s)and the associated list(s)of specific fields of accreditation,per item
2.d above.
(1) Copies of the QCC sample results per item 2.f.above.
(iii) Non-standard laboratory or field procedures—The CONTRACTOR shall submit to the DEP contract
manager all required information necessary for review of non-standard procedures per items 2.g.and
3.c.above.
(iv) Reports of planning review audits as specified in item 5.b.above.
(v) Statements of Usability as specified in item 5.d.above.
(Vi) Planning document per Section 6,above.
S. CONSEOUENCES
a. Failure to comply with any requirement of this attachment may result in:
(I) Immediate termination of the Contract.
(ii) Withheld payment for the affected activities.
(iii) Contract suspension until the requirement(s)has been met.
(iv) A request to refund already disbursed payments.
(v) A request to redo work affected by the non-compliant activity.
(v) Other remedies available to the Department.
DEP Agreement No. S0679 Attachment F,Page 4 of 7
Addendum I
Quality Control Requirements for Laboratories Performing Chemical Analysis
In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards,the following quality
control measures shall be implemented for this Contract. Note: "Sample"refers to samples that have been either
collected or analyzed under the terms of this Contract.
I. Matrix-Related Quality Control Samples-The CONTRACTOR shall ensure that samples associated with this
Contract are used for matrix spikes,and either laboratory duplicates or matrix spike duplicates. The laboratory
shall analyze these samples:
a. The first time samples from a sample collection matrix(see Table FA 1000-1)are submitted to the
laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples
for use in composition of the matrix spike and duplicates.
b. After the first 20 samples from the sample collection matrix have been analyzed,at least one matrix spike
and either laboratory duplicates or matrix spike duplicates shall be composed using a sample or samples
selected from each additional 20 samples of the sample collection matrix submitted to the laboratory.
c. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall
select one or more of the received samples for use in composition of the matrix spike and duplicates.
d. Spike levels must be at the concentrations specified in item 3 below.
e. If the selected sample concentration is expected to be below the Contract-specified practical quantitation
limit(PQL)listed in the planning document,then matrix spike duplicates must be used.
2. Per NELAC Chapter 5 requirements,as least one Laboratory Control Sample(LCS;also known as Laboratory
Fortified Blank)shall be prepared,analyzed and evaluated with each batch of20 samples or less.
a. The acceptance criteria for the LCS shall be specified in the planning document.
b. If the LCS is unacceptable,the samples associated with the LCS shall be reprocessed with a new LCS. If
the samples cannot be reprocessed,the data must be appropriately qualified.
3. For applicable analytes denoted in the planning document,a QC check sample,standard reference material
(SRM)or other quality control sample,hereinafter identified collectively as quality control check samples
(QCCS),shall be processed with each sample preparation batch and analyzed for evaluation according to the
acceptance limits established for the QCCS.
a. If the QCCS is unacceptable,the samples associated with the QCCS shall be reprocessed with a new
QCCS. If the samples cannot be reprocessed,the data must be appropriately qualified for all contracted
samples in the preparation batch.
4. Spiking/Fortification Requirements-All spike fortifications must take place prior to any required sample
preparation steps(e.g.,sample extraction,sample digestion,pH adjustment,etc.). The final concentration of
any spike fortification shall be at the applicable level identified below.
a. If any of the samples in the preparation batch are non-detect(i.e.,below the MDL specified in the planning
document),the spiking level must not be greater than 2 times the Contract-specified PQL.
b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted
sample in the preparation batch.
5. Evaluation of Matrix Spikes-The results of matrix spikes must meet the acceptance criteria specified by the
Contract and listed in the planning document or the data must be appropriately qualified.
a. If the failure is reported to be due to sample matrix interference,the laboratory shall document the process
by which this conclusion is determined.
6. Evaluation of Laboratory Duplicate/Replicate Samples—All replicate samples(sample duplicates, matrix spike
duplicates,LCS duplicates or other replicates)must be evaluated for a precision criterion not to exceed 20%
RPD,or as specified in the applicable laboratory quality manual for the indicated analyte/matrix combination.
This criterion shall be listed in the planning document.
a. In the event that laboratory replicate agreement is not observed,the laboratory must investigate the poor
precision and report the results with appropriate qualifiers and/or comments.
7. Instrument Calibration—In addition to calibration procedures specified in the analytical methods listed in the
planning document,the CONTRACTOR shall ensure that the following requirements are met:
a. All sample results shall be chronologically bracketed between acceptable calibration verifications.
b. Initial Calibration Requirements
(i) The minimum number of calibration standards required to calibrate each instrument used for the
contracted analyses shall conform to the analytical method approved in the planning document. If the
DEP Agreement No. S0679 Attachment F,Page 5 of 7
minimum number of calibration standards is not specified in the method,the number must be specified
in the planning document and shall be consistent with the NELAC Chapter 5 standards.
(ii) Unless otherwise specified by the method,all sample results shall be based on the initial
calibration curve responses.
(iii) If linear regressions are used,the correlation coefficient shall be equal to or greater than 0.995 for
all regressions.
(iv) Immediately after performing an initial calibration,the accuracy of the calibration shall be verified
using a second source. A second source may be a standard,a Standard Reference Material(SRM),or
other sample type with a verified concentration such as a QC Check Sample. Standards must have
been prepared from a different lot or vendor.
(v) The acceptance criteria for second-source verifications shall be specified in the planning
document.
(vi) Sample analysis cannot proceed if an initial calibration is unacceptable.
c. Continuing Calibration Requirements:
(i) When an initial calibration is not performed on the day of analysis,a continuing calibration
standard shall be analyzed,evaluated and determined to be acceptable prior to analyzing samples.
(ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run.
(iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning
document.
(iv) For each analytical run,the analytical sensitivity must be evaluated using a continuing calibration
standard prepared at the Contract-specified PQL. The analyzed value of this standard must be within
70%— 130%of the expected value. If this PQL check fails,the blank and associated sample results
must be reported as"estimated"per Chapter 62-160,F.A.C. unless the affected results are at least 10
times the absolute value of the observed bias of the PQL check.
(v) If continuing calibration verification fails,samples not chronologically bracketed by acceptable
calibration verifications must be reanalyzed or appropriately qualified.
d. Sample results below the Contract-specified PQL and above the highest calibration standard shall be
appropriately qualified.
8. Quality Control Blanks
a. If a Contracted analyte is detected in any analytical QC blank,the sample results that are associated with
the blank must be reported with the appropriate qualifier from Chapter 62-160,F.A.C.,unless the affected
sample concentrations are at least 10 times higher than the calculated QC blank concentration.
b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC
blanks.
9. If any quality control measure or calibration verification fails(including those specified above),samples that are
associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality
control measure or calibration must be appropriately qualified as specified in Chapter 62-160,F.A.C. An
explanatory comment must be attached to the final report for each result that has a qualifier code other than U, I,
or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160,F.A.C.must be identified
and defined in the report.
10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation
weights and volumes.
I I. For all organic analyses using either gas chromatography or HPLC,analytes with concentrations above the
method detection limit shall be confirmed by at least one of the qualitative identification measures listed below.
Confirmation must occur the first time an analyte is detected at a sampling point.
0 Second column/same detector
0 Second column/altemate detector
1 Same column/alternate detector
1 Mass spectrometry
/ Alternate wavelength
DEP Agreement No.S0679 Attachment F,Page 6 of 7