HomeMy WebLinkAbout029371 RES - 02/21/2012Resolution approving a service agreement between the Corpus
Christi-Nueces County Public Health District ("Health District") and
the Texas General Land Office to enable the Health District to
provide beach water sampling in Nueces, Aransas, and San Patricio
counties under the Texas Beach Watch Program; and ratifying
approval of the agreement as of September 1, 2011.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. A service agreement between the Corpus Christi-Nueces County Public
Health District ("Health District") and the Texas General Land Office is approved by the
City of Corpus Christi, as a member of the Health District, to enable the Health District
to provide beach water sampling in Nueces, Aransas, and San Patricio counties under
the Texas Beach Watch Program. Additionally, the City Council ratifies approval of the
agreement as of September 1, 2011. A copy of the agreement is incorporated by
reference and attached as Exhibit "A" and will be placed on file with the City Secretary's
Office.
ATTEST:
Armando Chapa
City Secretary
APPROVED: January 11, 2012
I_� A
Eliza %1 th R. Hundley
Assi tant City Attorney
for the City Attorney
EHres307 GLO Beach Watch Agmt CCNCPHD 20120111
CITY OF CORPUS CHRISTI
Joe Ag ame
Mayor
02937)_
Page 1 of 2
INDEXED
1
Corpus Christi, Texas
qday of
72012
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Kelley Allen
Larry Elizondo, Sr. `L /
11/ Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
029371
1
WATER SAMPLE ANALYSIS SERVICES CONTRACT
GLO Contract No. 12-195-000-5475
7t/;
double- sic/ecd
PAies
TEE GENERAL LAND Omc E (the "GLO") and the CoPPus Cm ssTT Num COUNTY
PUBLIC HEALTH DISTRICT (N IECrS COUNTY) Tax Identification Number 17460005741
(the "Provider"}, enter into the following contract for water sampling services (the
"Contract") pursuant to the State Purchasing and General Services Act, Thx. GOV'T
CODE ANN., Subtitle D, Chapter 2155-2262, et. seq.
L DEFINm0NS / INTERPRETIVE PROVISIONS /PROJECT DESCRIPTION
1.01 •,DEFThurroNs
"Administrative and Audit Regulations" means the statutes and regulations
included in Title 43, Code of Federal Regulations; Chapter 321 of the
Government Code; Subchapter F of Chapter 2155 of the Government Code; and
the requirements of Article VII herein. With regard to any federal funding,
agencies with the necessary legal authority include: the relevant federal agency,
the Comptroller General, the General Accounting Office, the Office of Inspector
General, and any of their authorized representatives. In addition, state agencies
with the necessary legal .authority include: the GLO, the GLO's contracted
examiners, the State Auditor's Office, and the Texas Attorney General's Office.
"Attachment" means docwnents, terms, conditions, or additional information
physically added to this Contract following the execution page or included by
reference, as if physically, within the body of this Contract.
`Beach Watch Coordinators' means Craig Davis,_ GLO Coastal Resources
Division.
"Contract" means this entire document, along with any Attachments, both
physical and incorporated by reference.
"Deliverables" means any report, data, document, photograph, or other
submission. required to be delivered under he terms of this Contract, in whatever
form.
"Federal Assurances" means Standard Form 424B (Rev. 7-97), as prescribed by
OMB Circular A-102 (non -construction projects); or Standard Form 42413 (Rev.
7-97), as prescribed by OMB Circular A-102 ( action projects), in
Attachment D, attached hereto and incorporated herein for all purposes.
GLO ContraetNo. 12-195400-5475
Page 1 of LS
"Federal Certification" means U.S. Department of Commerce Form CD -512 (12-
04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," in
Attachment E. attached hereto and incorporated herein for all purposes.
"Fiscal Year" means the period beginning September 1 and ending August 31
each year, which is the annual accounting period for the State of Texas.
"GAAP" means "generally accepted accounting principles."
"GASB" means the Governmental Accounting Standards Board.
"General Affirmations" means the statements in Attachment C, attached hereto
and incorporated herein for all proposes, which Provider affirms by executing this
Contract.
"GLO" means the Texas General Land Office, its off cern, employees, and
designees.
-"HUB" means Instorically Underutilized Business, as defined by Chapter 2161 of
the Texas Government Code.
"Mentor Protege" means the Comptroller of Public Accounts' leadership program
found at httpJlwww window.state.tx.uslprocurementfprog/hubimentorprotege!
"Project" means the water sampling services, described in SECTION 1.03 of this
"Prompt Pay Act" means Chapter 2251, Subtitle F of Title 10 of the Texas
Government Code.
"Provider" means Corpus Christi-Nueces County Public Health District is
selected to accomplish the Project under this Contract.
"Public %nform.ation Act" means Chapter 552 of the Texas Government Code.
"Ouality Assurance Project Plan. or OAPP" means the document setting forth the
means and methodology for water sampling under this Contract, as prepared for
the U.S. Environmental Protection Agency, Revised November 2010, and
effective on January 1, 2011.
"State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1,
Chapter 5, Suter C, Section 5.22, relative to travel reimbursements under
this Contract, if any.
"Subcontractor" means an individual or business that signs a contract to perform
part or all of the obligations of Provider under this Contract.
"Work Plan.," attached hereto and incorporated herein for all purposes as
Attachment A, means the methodology and means by which tasks related to the
Project shall be performed by Provider.
GIA Contract No. 12-195-4X10-5475
Pie 2 of IS
1.02 INTERPRETIVE PROVISIONS
(a) The meanings of defined terms are equally applicable to the singular and
plural forms of the defned terms;
(b) The words "hereof;" "herein," "hereunder," and similar wordsrefer to this
Contract as a whole and not to any particular provision, section,
attachment, work order, or schedule of this Contract unless otherwise
specified;
(c) The term "including" is not limiting and means "including without
limitation" and, unless otherwise expressly provided in this Contract, (i)
references to contracts (including this Contract) and other contractual
instruments chaff be deemed to include all subsequent amendments and
other modifications thereto, but only to the extent that such amendments
and other modifications are not prohibited by the terms of this Contract,
and (11) references to any statute or regulation are to be construed as
including all statutory and regulatory provisions consolidating, amending,
replacing, supplementing, or interpreting the statute or regulation;
The captions and headings of this Contract are for convenience of
reference only and shall not affect the interpretation of this Contract;
All attachments within this Contract, including those incorporated by
reference, and any amendments are considered part of the terms of this
Contract
This Contract may use several different limitations, regulations, or policies
to regulate the same or similar matters. All such limitations, regulations,
and policies are cumulative and each shall be performed in accordance
with its terms;
Unless otherwise expressly provided, reference to any action of the GLO
or by the GLO by way of consent, approval, or waiver shall be deemed
modified by the phrase "in its/their sole discretion." Notwithstanding the
preceding sentence, any approval, consent, or waiver required by, or
requested of, the GLO shall not be unreasonably withheld or delayed;
Time is of the essence in this Contract.
(g)
(h)
1.03 PROJECT
The Project shall strictly conform to the Beach Watch Work Plan and the EPA -
approved Quality Assurance Project Plan contained in Attachment A
(collectively the "Work Plan") (Project).
By signing this Contract, and by providing the Project Manager Signature
Pages, attached hereto and incorporated herein for all purposes in
Attachment A, Provider certifies to having read the QAPP and to a complete
understanding of the QAPP requirements for .each and ,every county in
which testing is to be conducted.
GLO Contract No. 17.-195-000-5475
Page 3 of 15
II.Tram
2.01 DURATION
This Contract shall be effective as of September 1, 2011 and shall terminate on
August 31, 2012. The GLO, at its own discretion, may extend this Contract
subject to terms and conditions mutually agreeable to both parties.
2.02 EARLY TERMINATION
The GLO may terminate this Contract by giving written notice specifying a
termination date at least thirty (30) days subsequent to the date of the notice.
Upon receipt of any such notice, Provider shall cease work, undertake to
terminate any relevant subcontracts, and incur no further expense related to this
Contract. Such early termination sball be subject to the. equitable settlement of
the respective interests of the parties, accrued up to the date of termination.
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GLO Contract No. 12495-600-5475.;
Page 4 of 15
HI. CONSIDERATION
3.01 CONTRACT LMT, FEES, AND EXPENSES
Subject to the terms and conditions of this Contract, the GLO agrees to reimburse
Provider an amount not to exceed the sum ONE HUNDRED FOUR THOUSAND ONE
HUNDRED SIxTY.DOLLLARS ($104,160.00), payable in installments for providing
the following services at the following rates:
FORTY DOLLARS ($40.00) PER SAMPLE IN ARANSAS COUNTY for
Water Sampling Services required under this Contract listed in
Exhibit 2 of the Work Plan.
FORTY DOLLARS ($40.00) PER SAMPLE IN NUECES COUNTY for
Water Sampling Services required under this Contract listed. in
Exhibit 2 of the Work Plan.
FORTY DOLLARS ($40.00) PER SAMPLE IN SAN PATRUCIO COUNTY
for Water Sampling Services required under this Contract listed in
Exhibit 2 of the Work Plan.
An additional SEVENTEEN THOUSAND Frvi HUNDRED TWENTY DOLLARS
($.17,520.00) of the Base Cost for water sampling services for Aransas, Nueces
and San Patricio counties have been, incorporated in the above total to cover GLO
pre -authorized travel expenses, resamples, miscellaneous lab supplies and
equipment. THE GLO IS NOT LIABLE TO PROVIDER FOR ANY COSTS
INCURRED BY PROVIDER BEFORE '1 iE EFFECTIVE DATE OF THIS
CONTRACT OR AFTER CATION OF THIS CONTRACT.
3.02 PAYMENT PROCEDURES
Each request for reimbursement shall (1) be on the approved GLO forms attached
hereto as Attachment B; (ii) be supported by an invoice detailing the number of
samples taken, including the number of additional samples deemed necessary
under the Work Plan; and (iii) provide such other information as the GLO may
request. Requests for payment may be submitted monthly on or before the 10th
day of each calendar month and shall be mailed Attn: GLO Accounts Payable
Division, P.O. Box 12873. Austin, Texas 78711-2873. Requests for
reimbursement under this Contract must be received by the GLO not later than
sixty (60) days from the date Provider performs the sampling. Failure by Provider
to comply in a timely manner with this requirement may, at the GLO's sole
discretion, result in denial of the request for reimbursement. All requests for
reimbursement shall prominently display "GLO Contract No. 12-195-000-
5475." Failure to include this number may significantly delay payment.
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GLO Contract No. 12-195-000-5475
Page 5 of 15
t
IV. PROVIDER'S WARRANTY, AFFIRMATIONS, AND ASSURANCES
4.01 PERFORMANCE WARRANTY
Provider warrants that all services performed under this Contract will be
performed in a manner consistent with a degree of care and skill ordinarily
exercised by members of the same profession currently practicing under similar
circtunstances. Provider warrants that all work product ("Deliverables") under this
Contract shall be completed in a manner consistent with standards in the applicable
trade, profession, or industry; shall conform to or exceed the specifications set forth
in the incorporated Attachments (if any); and shall be fit for ordinary use, of good
quality, and with no material defects. If Provider fails to provide Deliverables
timely or to perform satisfactorily under conditions required by this Contract, the
GLO may require Provider, at its sole expense, to (a) repair or replace all
defective or damaged Deliverables; (b) refund any payment received for all
defective or damaged Deliverables and, in conjunction therewith, require Provider
to accept the return of such Deliverables; and/or (c) take necessary action to
ensure that future performance and Deliverables conform to the Contract
requirements.
4.02 GENERAL AFFIRMATIONS
To the extent that they are applicable, Provider further certifies that the General
Aerations in Attachment C have been reviewed, and that Provider is in
compliance with each of the requirements reflected therein. .
4.03 FEDERAL ASSURANCES
To the extent that they are applicable, Provider further certifies that the Federal
Assurances in Attachment D, have been reviewed, and that Provider is in
compliance with each of the requirements reflected therein.
4.04 FEDERAL CERTIFICATIONS
To the extent that they are applicable, Provider further certifies that the Federal
Certifications in Attachment E have been reviewed,and that Provider is in
compliance with each of the requirements reflected therein. In addition, Provider
certifies that it is m compliance with any other applicable federal laws, rules, or
regulations, as it may pertain to this Contract.
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GLO Contract No. 12-195-000-5475
Page 6 of 15
-1 I
5.01 STATE FUNDING
(a)
(b)
V. STATE FUNDING
This Contract shall not be construed as creating any debt on behalf of the
State of Texas and/or the GLO in violation of Article 111, Section 49, of the
Texas Constitution. In compliance with Article V11, Section 6 of the Texas
Constitution, it is understood that all obligations of the GLO hereunder are
subject to the availability of state funds. If slich funds are not appropriated
or become unavailable, this Contract may be terminated. In that event the
parties shall be discharged from further obligations, subject to the equitable
settlement of -their respective interests, accrued up to the date of tennination.
Furthermore, any claim by Provider for damages under this Contract may
not exceed the amount offunds appropriated for payment but not yet paid
to Provider, under the annual budget in effect at the time of the breach.
Nothing in this provision shall be construed as a waiver of sovereign
immunity.
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GLO Contract No. /2495-000-5475
Page 7 of 15
{
. OWNEIisth
6.01 OWNERSHIP AND THIRD PARTY RELIANCE
(a) The GLO shall own, and Provider hereby- assigns to the GLO, all right;
title, and interest in all services to be performed; all goods to be delivered.;
and/or all other related work product prepared, or in the course of
preparation, by Provider (or its subcontractors) pursuant to this Contract
together with all related worldwide intellectual property rights of any kind
or character (collectively, the "Work Product"). Under no circumstance
will any license fee, royalty, or other consideration not specified in this
Contract be due to Provider for the assignment of the Work Product to the
GLO or for the GLO's use and quiet enjoyment of the Work Product in
perpetuity. Provider shall promptly submit all Work Product to the GLO
upon request or upon completion, termination, or cancellation of this
Contract for any reason, including all copies in any form or medium.
Provider and the GLO shall not use, willingly allow, or cause such Work
Product to be used for any purpose other than performance of Provider's .
obligations under this Contract without the prior written consent of either
party. Work Product is for the exclusive use and benefit of, and may be
relied upon only by the parties. Prior to distributing any Work Product to
any third party, the parties shall advise such third parties that if it relies
upon or uses such Work Product, it does so entirely at its own .risk without
liability to Provider or the GLO.
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GLO Contract No. 12-195-0190-5475
Page 8 of 15
. VJL RECORDS, Avnrr, PROPRIETARY INFORMATION
AND PUBLIC DISCLOSURE
7.01 BOOKS AND R1 coRDS
Provider shall keep and maintain under GAAP or GASB, as applicable, full, true,
and complete records 'necessary to fully disclose to the GLO, the Texas State
Auditor's Office, the United States Government, and/or their authorized
representatives sufficient information to determine compliance with the terms and
conditions of this Contract and all state and federal rules, regulations, and statutes.
7.02 INSPECTION AND AUDIT
(a) Provider agrees that all relevant records related to this Contract and any
Work Product produced in relation to this Contract, including the records
and Work Product of its Subcontractors, shall be subject to the
Administrative and Audit Regulations. Accordingly, such records and
Work Product shall be subject, at any time, to inspection, examination,
audit, and copying at any location where such records and Work Product
may be found, with or without notice from the GLO or other government
entity with necessary legal authority. Provider agrees to cooperate fully
with any federal or state entity in the conduct of inspection, examination,
audit, and copying, including providing all information requested.
Provider will ensure that this clause concerning federal and state entities'
authority to inspect, examine, audit, and copy records and Work Product,
and the requirement to fully cooperate with the federal and state entities, is
included in any subcontract it awards.
(b) Provider understands that acceptance of state funds under This Contract acts
as acceptance of the authority of the State Auditor's Office to conduct an
audit or investigation in connection with those funds. Provider further
agrees to cooperate fully with the State Auditor's Office in the conduct of
the audit or investigation, including providing all records requested.
Provider will ensure that this clause concerning the State Auditor's
Office's authority to audit state funds and the requirement to fully
cooperate with the State Auditor's Office is included in any subcontracts it
awards. Additionally, the State Auditor's Office shall at any time have
access to and the rights to examine, audit, excerpt, and transcribe any
pertinent books, documents, working papers, and records of Provider
relating to the Contract for any purpose.
7.03 PERIOD OF RETENTION
All records relevant to this Contract shall be retained for a minimum of five (5)
years, or as required by federal regulations application to the Project, if any. The
period of retention begins at the date of payment by the GLO far the goods or
GLO Contract No. 1 195-0 i0-5475
Page 9 of 15
services or from the date of termination of the Contract, whichever is later. The
period of retention shall be extended for a period reasonably necessary to complete
an audit and/or to complete any administrative proceeding or litigation that may
ensue.
7.04 CONFIDENTIALITY
To the extent 'permitted by law, Provider and the GLO agree to keep all
information confidential, in whatever form produced, prepared, observed, or
received by Provider or the GLO to the extent that such information is: (a)
confidential by law; (b) marked or designated "confidential" (or words to that
effect) by Provider or the GLO; or (c) information that Provider or the GLO is
otherwise required to keep confidential by this Contract. Furthermore, Provider
will not advertise that it is doing business with. the GLO, use this Contract as a
marketing or sales tool, or make any press releases concerning work under this
Contract without the prior written consent of the GLO.
7.05 PUBLIC RECORDS
Pursuant to the Public Information Act, records received from Provider may be
open to public inspection and copying. The GLO will have the duty to disclose
such records, unless a particular record is made confidential by law or excepted
from the Act. Provider may clearly label any individual records as a "trade secret,"
provided that Provider thereby agrees to indemnify and defend the GLO' for
honoring such desigriadon. The failure to so label' any record shalt constitute a
complete waiver of any and all claims for damages caused by release of -the records.
If a request for a labeled record is received by the GLO, the GLO will notify
Provider of the request in accordance with the Public Information Act.
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GLO Contract No. 12495.000-5475
Page 10 of 15
MISCELLANEOUS PROVISIONS
8.01 INSURANCE
Provider shall acquire, for the duration of this Contract, insurance and/or bonds,
with financially sound and reputable independent insurers licensed by the Texas
Department of Insurance, in the type and amount customarily carried within the
industry. Provider may be requested to submit evidence of insurance as required
under this Contract, including (if requested) a schedule of coverage (or
"underwriter's schedules") establishing to the satisfaction of the GLO the nab=
and extent of coverage granted by each such policy. In the event that any policy
is determined to be deficient to comply with the terms of this Contract, Provider
shall secure such additional policies or coverage as the GLO may reasonably
request or that are required by law or regulation. If coverage expires during the
termt of this Contract, Provider must produce renewal certificates for each type of
8.02 /LEGAL OBLIGATIONS
Provider shall procure and maintain for the duration of this Contract any state,
county, city, or federal license, authorization, insurance, waiver, permit,
qualification or certification required by statute, ordinance, law, or regulation to
be held by Provider to provide the goods or services required by this Contract.
Provider will be responsible - for payment of all taxes, assessments,fees,
premiums, permits, and lieenses required by law. Provider agrees to be
responsible for payment of any such government obligations not paid by its
subcontractors during performance of this Contract.
8.03 INDEMNITY
To THE EXTENT PERMITTED BY LAW, EXCEPT FOR DAMAGES DIRECTLY OR
PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OF THE GLO, PROVIDER
SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS, THE GLO, AND
THE OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES OF THE STATE OF
TEXAS AND THE GLO FROM ANY LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES,
OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST
ALL OF THE AFOREMENTIONED) ARISING IN CONNECTION WITH:
■ THIS CONTRACT;
' - ANY NEGLIGENCE, ACT, OMISSION, OR MISCONDUCT IN THE
PERFORMANCE OF THE SERVICES REFERENCED HEREIN; OR
▪ ANY CLAIMS OR AMOUNTS ARISING OR RECOVERABLE UNDER
FEDERAL OR STATE WORKERS' COMPENSATION LAWS, THE
TEXAS TORT CLAWS ACI', OR ANY OTHER SUCH LAWS.
GLO Contract No. 13-195-0110-5475
Page 11 of 15
PROVIDER SHALL BE RESPONSIBLE FOR THE SAFETY AND WELL BEING OF ITS
EMPLOYEES, CUSTOMERS, AND INVITEES. THESE REQUIREMENTS SHALL
SURVIVE THE TERM OF THIS AGREEMENT UNTIL ALL CLAIMS HAVE BEEN
SETTLED OR RESOLVED AND SUIY`ABLE EVIDENCE TO THAT EFFECT HAS BEEN
FURNISHED TO THE GLO. THE PROVISIONS 01? THIS SECTION 8.03 SHALL
SURVIVE TERMLNATION OF THIS CONTRACT.
8.04 ASSIGNM NT AND SUBCONTRACTS
Provider shall not assign, transfer, or delegate any rights, obligations, or duties
under this Contract without the prior written consent of the GLO. Notwithstanding
this provision, it is mutually understood and agreed that Provider may subcontract
with others for some or all of the services to be performed. In any approved
subcontracts, Provider shall legally bind such subcontractor to perform and make
such subcontractor subject to all the duties, requirements, and obligations of
Provider as specified in this Contract Nothing in this Contract shaft be construed to
relieve Provider of the responsibility for ensuring that the goods delivered amyl/or the
services.rendered by Provider and/or any of its subcontractors comply with all the
terms and provisions of this Contract. Provider will provide written notification to
the GLO of any such subcontractor performing f teen percent (15%) or more of
the work under this Contract, including the name and taxpayer identification
number of subcontractor, the task(s) being performed, and the number of
subcontractor employees expected to work on the task.
8.05 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) /MENTOR PROTGG
(a) In accordance with State law, it is the GLO's policy to assist HUBS
whenever possible, to participate in providing goods and services to the
agency. The GLO encourages those parties with whom it contracts for the
provision of goods and services to adhere to this same philosophy in
selecting subcontractors_ to assist in fulfilling their obligations with. the
GLO. In addition to information required by this Contract, the contracting
party will provide the procurement department of the GLO with pertinent
details of any participation by a HUB in f ilfillfng the duties and
obligations arising hereunder.
The GLO encourages the parties it contracts with to partner with certified
HUBs that participate in the Comptroller's Mentor Protege Program.
(b)
8.06 RELATIONSHIP OF TBE PARTIES
Provider is associated with the GLO only for the purposes and to the extent
specified in. this Contract; and, in respect to Provider's performance pursuant to this
Contract, Provider is and shall be an independent contractor and, subject only to the
terns of this Contract, shall have the sole right to supervise, manage, operate,
control, and direct performance of the details incident to its duties under this
GLO Contract No. 12-195-000-5475
Page 12 of 15
r
Contract. Nothing contained in this Contract shall be deemed or construed to create
a partnership or joint venture, to create relationships of an employer-employee or
principal -agent, or to otherwise create for the GLO any liability whatsoever with
respect to the indebtedness, liabilities, and obligations of Provides or any other
party. Provider shall be solely responsible for, and the GLO shall have no
obligation with respect to:
(a) withholding of income taxes, FICA, or any other taxes or fees;_
(b) industrial or workers' compensation insurance coverage;
(c) participation in any group insurance plans available to employees of the
State of Texas;
(d) participation or contributions by the State to the State Fnnployees
Retirement System;
(e) accumulation of vacation leave or sick leave; or
(1) unemployment compensation coverage provided by the State.
8.07 CoIVIPLIAN E win( OTHER LAWS
In the performance of this Contract, Provider shall comply with all applicable
federal, state, and local laws, ordinances, and regulations. Provider shall make
itself familiar with and at all times shall observe and comply with all federal,
state, and local laws, ordinances, and regulations that in any manner affect
performance under this Contract. Provider will be deemed to have knowledge of
all applicable laws and regulations and be deemed to understand them,
8.08 NoICEs
Any notices required -under this Contract hall be deemed delivered when deposited
either in the United States mail, postage paid, certified, return receipt requested; or
with a common carrier, overnight, signature required, to the appropriate address
below:
GLO
Texas General Land Office
1700 N. Congress Avenue, Room. 910
Austin, TX 78701
Attention: Legal Set -vices Division
Provider
Corpus Christi-Nueces County Public Health District
1702 Home Road
Corpus Christi, TX 78416
Attention: Mr. Gabriel Ramirez
Notice given in any other maturer shall be deemed effective only if and when
received by the party to be notified. Either party may change its address for notice
by written notice to the other party as herein provided.
GLO Contract No. 12-195-000-5475
Page 13 of 15
8.09 GOVERNING LAW AND VENUE
This Contract and the rights and obligations of .the parties hereto shall be
governed by, and construed according to, the laws of the State of Texas, exclusive
of conflicts of law provisions. Venue of any suit brought under this Contract shall
be in a court of competent jurisdiction in Travis County, Texas. Provider
irrevocably waives any objection, including any objection to personal jurisdiction
or the laying of venue or based on the grounds of foram non conveniens, which it
may now or hereafter have to the bringing of any action or proceeding in such
jurisdiction in respect of this Contract or any document related hereto. NOTHING
IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNIIT
BY THE GLO.
8.10 SEVERABILITY
If any provision contained in this Contract is held to be unenforceable by a court
of law or equity, this Contract shall be construed as if such provision did not exist
end the non -enforceability of such provision shall not be held to render any other
provision or provisions of this Contract unenforceable.
8,11 FORCE MAJEURE
Except with respect to the obligations of payments under this Contract, if either of
the parties, after a good faith effort, is prevented from complying with any express
or implied covenant of this Contract by reason of war, terrorism; rebellion; riots;
strikes; acts of God; any valid order, rule, or regulation of governmental authority;
or similar events that are beyond the control of the affected party (collectively
referred to as a "Force Majeure), then, while so prevented, the affected party's
obligation to comply with such covenant shall be suspended, and the affected party
shall not be liable for damages for failure to comply with such covenant In any
such event, the party claiming Force Majeure shall promptly notify the other party
of the Force Majeure event in writing and, if possible, such notice shall set forth the
extent and duration thereof. The party claiming Force Majeure shall exercise due
diligence to prevent, eliminate, or overcome such Force Majeure event where 11 is
possible to do so and shall resume performance at the earliest possible elate.
However, if non-performance continues for more than thirty (30) days, the GLO
may terminate this Contract immediately upon written notification to Provider.
8.12 DISPUTE RESOLUTION
If a contract dispute arises that cannot be resolved to the satisfaction of the
parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of
the written notification, the parties must use the dispute resolution process
provided for in Chapter 2260 of the Texas Government Code to attempt to resolve
GLO Contract No. 12-195-000-5475
Page 14 of 15
the dispute. This provision shall not apply to any matter with respect to which
either party may make a decision within its respective sole discretion. •
8.13 ENTIRE CONTRACT AND MODIFICATION
This Contract, its integrated attachment(s), and any purchase order issued in
conjunction with this Contract constitute the entire agreement of the parties and are
intended as a complete and exclusive statement of the promises, representations,
negotiations, discussions, and other agreements that may have been made in
connection with the subject matter hereof. Any additional or Conflicting terms in
such attachment(s) andlor purchase order shall be harmonized with this Contract to
the extent possible. Unless such integrated attachment or purchase order
specifically displays a mutual intent to amend a particular part of this Contract,
general conflicts in language shall be construed consistently with the teens of this
Contract.
8.14 COUNTERPARTS
This Contract may be executed in any number of counterparts, each of which shall
be an original, and all such counterparts shall together constitute but one and the
same Contract. lithe Contract is not executed by the GLO within thirty (30) days
of execution by the other party, this Contract shall be null and void.
8.15 PROPER AUTHORITY
Each party hereto represents and warrants that the person executing this Contract on
its behalf has full power and authority to enter into this Contract. Provider
acknowledges that this Contract is effective for the period of time specified in the
Contract. Any services performed by Provider before this Contract is effective or
after it ceases to be effective are performed at the sole risk of Provider.
SIGNATURE PAGE FOLLOWS
GLO Contract No. 12-195-000-5475
Page 15ons
SIGNATURE PAGE FOR GLO CONTRACT No. 12-195-000-5475
GENERAL LAND OFFICE
Larry L Laine, Chief cle
Deputy Land Commissione
Date of execution: !/ -a /4j
1114
AGCVri
,s
GC
CoRFus Cmusix NuECEs. Coin
PUBLIC HEALTH DrsTRrcT
Name:
Title:
Date of execution:
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
ATTACHMENT A
GLO CoNTRAcr No. 12-195-000-5475
WORK PLAN
(
BEACH WATCH WORK PLAN
Aransas, Nueces & San Patricio Counties
September 1, 2011 to August 31, 2012
Introduction
As the lead state agency charged with implementing the Beaches Environmental Assessment and
Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract
with Corpus Christi Nueces County Public Health District (Local Contractor) to collect and
analyze water samples, notify the public of beach water quality and to recommend and/or issue,
water quality advisories when warranted.
Beach Watch Coordinator Craig Davis
Coastal Resources Division
P. O. Box 12873
Austin, Texas 78711-2873
(512) 463-8126
(512) 475-0680 - fax
craig.davis@glo.texaas.gov
L QUALITY ASSURANCE PROJECT PLAN
All monitoring data must be collected according to the EPA approved Quality Assurance Project
Plan (QAPP) (Exhibit 1). Local Contractors must adhere to the QAPP. Upon receipt of the
QAPP, the project manager is required to read the document and return the signature
page (Appendix D for Aransas, Nueces & San Patriclo Counties of the QAPP) to the GLO
Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP, the
requirements of the QAPP shall take precedence.
11. SAMPLING STATIONS AND SCHEDULE
All samples shall be collected in accordance with the Procedures for Local. Contractors set forth
below and the QAPP.
Smpling Stations. The Local Contractor shall collect water samples from fixed sampling
stations, depicted on the maps and station lists in Appendix C of the QAPP. The Local
Contractor shall follow the attached Sampling Schedule (Exhibit 2 of this Work Plan) and shall
conduct additional sampling as required in Section V of this Work Plan. Based upon the contract
amount, approximately 190 samples in Aransas County, 1,938 samples in Nueces County and 38
samples in San Patricio County shall be collected by the Corpus Christi-Nueces County Public
Health District between September 1, 2011 and August 31, 2012.
Sampling Depth. The Texas Beach Watch Program will sample at a depth of approximately two
feet (-2 ft) or knee depth. The two foot sampling depth will apply unless:
• The majority of recreational activity occurs at a depth significantly different than two feet. If
this occurs samples may be collected at the location of greatest swimmer activity; or
• The two -foot sampling depth occurs more than 50 meters from shore. If the two -foot
sampling depth occurs more than 50 meters from the shore, samples may be collected at 50
meters from shore or at the location of greatest swimmer activity. The distance shall be
measured from the appioximate water line at the time of sampling.
Same, ing Schedule. ' Exhibit 2 lists the weeks when sampling will be conducted Tuesday is the
preferred sample collection day. Monday and Wednesday are alternate sample collection days.
This schedule allows time for re -sampling to occur, before the next regular sampling period,
when elevated bacteria levels are detected. Depending on the number of beaches and stations,
local contractors may require several days to collect samples. Collection may occur over a three-
day period; however, prior approval from the Beach Watch Coordinator is required.
IR. LABORATORY TESTING
The Local Contractor will analyze water samples for Enterococci bacteria using Method 1600:
Enterococci in Water by Membrane Filtration Using membrane -Enterococcus Indoxyl-$-D-
Glucoside Agar (n1E1) July 2006
(htip://www.epa.gov/waterscienceImethods/method/biologicalIl600.pd f) or the IDEXX
EnterolerP system. The local contractor or designated laboratory shall brave a Quality
Assurance/Quality Control (QA/QC) Plan. Upon execution of this Contract, the Local
Contractor shall provide the OLO Beach Watch Coordinator with the name, address, phone and
fax numbers, and point of contact (with e-mail) for the laboratory, if separate from the Local
Contractor. Plans approved by other entities (state/federal/commercial) and adopted by the
Local Contractor may be considered. Collection and analysis of samples shall not commence
until GLO provides written notification to the Local Contractor that the QA/QC plan was
received and approved.
N. SAMPLING PROCEDURES
Equipment and Supplies. The following equipment and supplies will be necessary for the
collection of water samples by the Local Contractor:
• Insulated cooler for storage and transportation of the samples to the laboratory
• Thermometer
• Sample bottles — The bacteriological samples will be collected in polypropylene bottles at
least 125 milliliters (ml) but no more than 1000 ml to allow for adequate sample mixing.
Polypropylene bottles are recommended as they may be autoclaved and will keep sample
costs down.
• Ice packs to keep samples cool
• Labels for sample bottles (Do not use paper or adhesive labels as these will rub ofL)
• Black indelible marker to label samples
• All paperwork including but not limited to Chain of Custody forms and Field observation
forms (FOF) (Exhibit 3). The project manager may modify the FOF as long as all
information is collected. Information collected on the FOF must be submitted
electronically, once a month in a spreadsheet form supplied by the Beach Watch
Coordinator.
Sample Collection Training. Trained individuals shall perform the collection of samples. A
brief description of the training of the individuals must be provided to the Beach Watch
Coordinator.
Sample Collection. One sample will be collected at each station. For every 10 stations sampled on
any given day, a second sample must be collected at one of the stations as required by the QAPP.
Samples shall be collected within arm's length of each other. Sample collection may be done side-
by-side or concurrently. All water samples shall be collected as follows:
Step -by -Step Procedures for local contractors
From Appendix J of the National Beach Guidance and Performance Criteria for Recreational
Waters (EPA -823-B-02-004) July 2002.
1.. Identify the sampling site on a chain of custody tag, if required, or on the bottle
label and on a field log sheet.
2. Remove the bottle covering and closure just before obtaining each sample and
protect them from contamination. Be careful not to touch the inside of the bottle
itself or the inside of the cover.
3. The first sample to be prepared is the trip blank (at least one per sampling day for
routine sampling is recommended). Open one of the sampling bottles and fill it
with. 100 ml of sterile buffered dilution solution (see EPA Method 1103.1) when
collecting' freshwater, estuarine, or marine water samples. Cap the bottle and place
it in a cooler. This trip blank will be used to verify that the samples have been
maintained at the correct temperature for transportation.
4. To collect the surface water samples, carefully move to the first sampling location.
If wading in the water, try to avoid kicking up bottom- material at the sampling
station. The sampler should be positioned doh of any water current to take
the sample from the incoming flow. Samples shall be collected in approximately
two feet of water (knee deep).
5. Open a sampling bottle and grasp it at the base with one band and plunge the bottle
mouth downward into the water to avoid introducing surface scum. Position the
mouth of the bottle into the current away from the hand of the sampler. The
• sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water
surface, depending on the depth from which the sample must be taken. If the
waterbody is static, an artificial current can be created -by moving the bottle
horizontally with the direction of the bottle pointed away from the sampler. Tip the
'bottle slightly upward to allow air to exit and the bottle to fill.
6. Remove the bottle from the waterbody.
7. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to
2 inches) above each sample for proper mixing of the sample before analysis.
[NOTE: If the bottle contains any debris or other contaminants or excessive
sedhnentlsand', a new bottle must be used. Do not pour out the water sample and
refill the bottle.]
8. Tightly close the stopper and label the bottle.
9. Enter specific details to identify the sample on a permanent label. [NOTE: It will
save lime to label and mark bottles before taking samples.] Take care in
transcribing sampling information to the label. The label should be clean,
waterproof; nonsmearing, and large enough for the necessary information. The label
must be securely attached to the sample bottle but removable when. necessary.
Preprinting standard infonnalion on the label can save time in the field The
marking pen or other device must be nonsmearing and maintain a int legible
ma&
10. Complete a field record for each sample to record the full details on sampling and
other pertinent remarks, such as flooding, rain, or extreme temperature, that are
relevant to interpretation of the results. This record also provides a back-up record
of sample identification.
11. Place the samples in a suitable container and transport them to the laboratory as
soon as possible. Adhering to sample preservation and holding time limits is
critical to the production of valid data. Bacteriological samples should be iced or
refrigerated at 1 to 4 °C during transit to the laboratory. Use insulated containers
such as plastic or styrofoam coolers, if possible, to erre proper maintenance of
storage temperature. Take care to ensure that sample bottles are not totally
immersed in water during transit or storage. Examine samples as soon as possible
after collection. Do not hold samples longer than 6 hours between collection and
initiation of analysis (EPA, 2000). Do not analyze samples that exceed holding
time limits.
12. Collect water samples for analyses of other parameters in separate appropriate
containers at the same time and perform. analyses as specified in the particular
methods.
13. After collecting samples from a station, wash hands and amus with alcohol wipes, a
disinfectant lotion, or soap and water, and dry to reduce exposure to potentially
harmful bacteria or other microorganisms.
Labeling the Samples. Each sample bottle shall be labeled with the following information:
• Date and time of sample collection
• Sampler's name
• Sample letters and station number as identified in Appendix C of the QAPP (identify the
first sample with the letter "A" after the station number, the second sample with the letter
"B" and so forth)
Delivery of Samples to the Laboratory. Upon completion of sample collection, the samples must
be delivered to the designated laboratory for testing within 6 (six) hours. During transport to the
laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice packs
may be added during the course of the sampling day.
Excessive sand or sediment will clog the fiifration process and prevent bacteria colonies from growing. It will be
up to the sampler to determine what is considemd excessive based on his or her own experience.
Sampling Documentzaion. A FOF must be completed for each station. Multiple stations may be
included on a single FOF if all the data is the same. A copy of a completed FOF must be
provided to the designated laboratory (ifdifferent than the Local Contractor). The Local
Contractor shall retain all FOFs. Data from the FOFs must be submitted electronically, once a
month, in a spreadsheet format supplied by the Beach Watch. Coordinator.
Other indicators to be noted on the FOF shall include:
• Dead fish, birds, or other onimalsi on beach
• Submerged debris in. water (old bulkheads, barges, posts etc.)
• Submerged debris on beach (old bulkheads, slabs, etc.)
• Glass and other debris
• Tar balls
• Longshore current (speed and direction)
V. PUBLIC NOTICE/ISSUING ADVISORIES
Determining Bacteria Levels. One sample will be collected at each station and will be used to
determine when an advisory Anti be recommended. Where two samples are collected at a
station as required in the QAPP for QA/QC purposes, the average of the two samples shall be
used.
Recommending/Issuing Advisories. If the sample or average of the two samples exceeds the
Single Sample Maximum Density value of 104 cfu/100m1, an advisory shall be recommended to
the local government contact(s). Sampling shall continue daily mill the values are back below
the standard. This includes weekends and summer holidays.
Public Advisory. Public Advisory. Upon receipt of an Advisory Recommendation by the GLO,
the local government will be responsible for issuing a public advisory and posting of the
advisory signs. The Local Contractor may post the advisories signs as authorized by the local
government.
VL DELIVERABLES
The Local Contractor through the Beach Watch Program's data entry website must submit
sampling results. Data must be entered into the website within two hours of receiving the
results. Only extenuating circumstances such as power outage or Internet connectivity problems
will preclude this requirement. If extenuating circumstances occur that preclude entering the
data within two hours, the Local Contractor shalt notify the Beach Watch Coordinator by any
means possible.
EXHIBIT 1
Quality Assurance Project Plan (QAPP)
•
TEXAS BEACH WATCH PROGRAM
lr.ciAS GENERAL LAND 0111{10E
IERRY PATTIItSON, COmMiSsioNER
1700 N. CONGRESS AVXNT.TE
Air TJN, Tucks 78701
QUALITY ASSURANCE PROJECT PLAN
Prepared for:
United States Environmental Protection Agency
Dallas, Texas
Revised: November 2010
Effective Date: January 1, 2011
Table of Contents
MANAGEMENT'S STATEMENT NT OF APPROVAL .
..... ..... ...»......._.__.........._.. 4
DISTRIBUTIONI.IST_.......,__..........,_.,........_............._..........,.....»..,,......_,..................,._.........,...,........e..._...... 5
LIST OF ACRONYM— .........,...__.....w...... ,.._...._.._,..,..a....,..._.._.___..,._..._..»�.....,..._......._..__..6
A. PROJECT MANAGEMENT.
ONES ....b_..,..,.... a.....K.e...,.....r._.,..._..,._.4:111...._..a_o......_....._......7
1. PROJECT/TASK ORGANIZATION ........_ .•••••.-1••• ................ .............. • . .. • ..... •••••••••1••••••••••••••• 7
2. PROBLEM DEFINITTQN/OACKGROiIND _...... 7
3. PROJECT%TASK DESCRIPTION ...... 7
4. QUALITY OBJECTIVES AND CRITERIA _......_ ...................._....._.... ,......... ...._ 8
5. SPECIAL TRAINING/CERLIFICATION.....».._ . 9
6. DOCUMENTS AND RECORDS ......»... 9
B. MEASUREMENT/DATAACQUISITION. .,.......... ...,..._ ........................._—__.__.10
1. SAMPLING PROCESS DESIGN »._.........-..... _...„,,........_.................._._..._..........__..w.W 10
SamplingDepth ....... ... __......._.._ .._ ............_M........ __. » ......... _ .......»»..._.._ _....»...»...1 0
DesignAssumptions,.»._»...».» .....___...._ .._._....... _...._�_....._.....»..,.._. .».......».... »» ...»....11
2. SAMPLING METHODS._.._..»«........_......._.............__,._.............._.....,... ..._........._._....,.............._....._..._.12
Procedures for Local Contractors-- _.... WI. .. »..»...»....».....» .....»..».,»...... 12
Labelingthe Samples....._......._.„.» ..._.».»..._._»».__._..... ».._....__...».....,.._.w_._.__....»»......_,......_.......I3
3. SAMPLE HANDLING AND CUSTODY REQUIREMENTS.— ..... .............. ................... ..... ..... _......._...14
4. ANALYTICAL METHODS REQUIREMENTS.._._ - 14
5. QUALITY CONTROL REQUIREMENTS W._ ............................... 14
Specifying Measurement Performance Criteria.........._._._ ........»»._...».....»_.. W. »,._._ .....14
• 6. INSTRuMgNT TESTING,INSPECTION, MAINTENANCE, CALIBRATION AND FREQUENCY . - • - 16
7. INSPECTION/ACCEPTANCE OF SUPPLIES/CONSUMABLES.,...............»............_ ........ ...._....»........ 16
8. DATA MANAGEMENT.-- ....... ..... .......................... W . -.17
C.
DataRecording.... ..... .._.__.......»._..__........»...............__......._..W...........__.__._..._........_.._..._...»__._._.............17
DataValidation _..._._..w _.__ _ . _......._.....».._ ..» .......»._ ___ ......•_ .....»»..._. _»._._ »..__17
ASSESSMENT/OVERSIGHT....._....®._,........_._._......_...._,..,.......a...m....v_._...a,._.,..o..m..,.. 18
1. ASSESSMENT AND RESPONSE ACTIONS .............»..................................» ... .....__........_... ........ _..........._»....18
Assessment Activities and Project Planning._..._.. ,.._.........._....»..»».»...»....... 18
2. DOCUMENTATIONOFASSESSMENTS AND REPORTS TOMANAGEMENT 18
D. DATA VALIDATION AND USABILITY
1. DATA REVIEW, VALIDATION, AND VERIFICATION REQUIREMENTS ...... 19
Sampling Design... w _...»...___
Sample Collection Proceduures...._......__._ ........ ...»»........»...».........._ ._ .„.._._._19
Sample Handling._ .............» _ . ...»._w . _._W...19
Analytical Procedures.....:._..._» ....__.____._._... _... __._ __..a M...».._._.__..» . ___ _...._......_._..19
QualityCOntral.».......».»»•....................__....................._...._._..._»....»....»...................__.._..........»..................._..19
Calibration.__.....___....•...__.»_...».»»».. . _. .__.__.�.._ ... _.........»...» »...»» ...___........._ ......ZO
2. VALIDATION AND VERIFICATION METHODS .................._..,„....» 20
TEXAS BEACH -WATCH QAPP
January 2011
Page 2
1
3. RECONCILIATION WITH USER OBJECTIVES
APPENDIX A - ORGANIZATIONAL
20
APPENDIX B FIELD OBSIIRVATION FORM •••••••••6•••••...•••••••••••••4......111...../........1.1•146.6•1•••••••••.2. 4
APPENDIX C - UNIQUE LOCAL CONTRACTOR INFORMATION
ARANSAS COUNTY
BRUORIA
COMM
GiLLIMTON
Lams
SYLVAN
JEFFERSON
KLEBERG COUNTY
MATAGORDACOMM ....m.""•I..••••.l•••••••••••••••••••••••••••••••:•••••••Iw••14.••••ma•••••••••••••••mu.•••.••V•Idd4.1N.•••I.Pr•••••••PWA.NM.•••••l••••mu•••••
NUEC.E:S
SANPATRICIO COW= 1•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••=••••••••••••••••••••••••••••••••••••••..w.man....•••••74
APPEN131X D - PROJECT MANAGER SIGNATURE
APPENDIX E CONTRACTOR.OD DATAREVIEW TEMPLATE
Wag BEACHWATCETQAPP
3anuaiy 2011
Page 3
r
MANAGEMENTS STATEMENT OF APPROVAL
This Quality Assurance Project Plan (QAPP) is specifically designed for the development and
implementation of the Texas Beach Watch Program, as required by the Beaches Environmental
Assessment and Coastal Health Act of 2000. The QA?P specifies the overall project design and
Quality Assurance (QA) objectives in sufcient detail to ensure program goals are accomplished
in a timely, efficient, and cost-effective -nwimer. The implementation of This QAPP will also
ensure the environmental data collected is the appropriate type and quality for its intended use.
By our signatures below, we hereby approve this Quality Assurance Project Plan:
Craig Davis, Coorrxator, Texas Beach Watch Program Date
Texas (General Land Office
Vacant, Quality Assurance Officer
Texas General Land Office
Land, D" ' tor, Grant grams and Support
Te= General 140 Moe
Date
if/dam Jio
Date
rt
Hien Young, Depot om.missioner, Coastal Resources Division D
Texas General. Land Office
Teresita Menliola, Project Officer, State/Tribal Programs
U.S. Environmental Pro ton Agcy
i ./zq/io
Date
Assistance Programs
U.S. Environmental Protection ey
Curry ands
TEXAS BEACH WATCH QAPP
Jemmy 20I I
Page 4
DISTRIBUTION LIST
Craig Davis, Coordinator, Texas Beach Watch Program, GLO
Vacant, Quality Assurance Officer, GLO
Sheri Land, Director, Grant Programs and Support, GLO
Helen Young, Deputy Commissioner, Coastal Resources Division, GLO
Teresita Mendiola, EPA Project Officer, Project Manager, EPA Region VI
Mice Schaub, BEACH Program C oordinstor, EPA Region VI
Local Contractors
Local Government Representatives
IEXAS BEACHWATCB QAPP
January 2011
Page5
LIST OF ACRONYMS
Coordinator Beach Watch Coordinator
COC Chain of Custody
DQI Data Quality Indicators .
RPA U.S. Environmental PratectionAgency
GLO Texas General Land Office
GM Geometric Mean .
QA/QC Quality Assurance/Quality Control
QAO Quality Assurance Officer
QAP Quality Assurance Program •
QAPP • Quality Assurance Project Plan
QMP Quality Management Plan
SSMD Single Sample Maximum. Density
SOP Standard Operating Procedure
TCEQ ,:. Texas Commission on Environmental Quality
MAS BEACH WATCH QAPP
January 2011
Page 6
A. PROJECT MANAGEMENT
1. Project/Task Organization
The Texas General Land Office' (GLO) will contract with local governments, universities, and
commercial laboratories (local contractors) to collect and analyze water samples. The results of
these water samples will be reported to the GLO and the GLO will notify the local government
contacts, identified in the contracts, of the results.
The Texas Beach Watch Coordinator (Coordi ator) will coordinate contracts between the GLO
and local contractors, consolidate data submitted, provide program oversight, maintain the
Quality. Assurance Project Plan (QAPP). The Texas General Land Office will maintain the
Quality Management Plan (QMP) and ensure Quality Assurance/Quality Controls (QA/QC) are
in place. An organizational chart of responsible parties is included. in Appendix A.
2. Problem Definition/Background
Growing concerns about the health risks posed by polluted bathing beaches, increased beach
closures, and scientific evidence indicating an increase in infectious diseases caused by microbial
organisms in recreational waters prompted the EPA to create the National Beaches
Environmental Assessment, Closure, and Health (BEACH) Program. The goals of the BEACH
Program are to protect public health at the nation's beaches and to ensure the public is notified
when the risk for potential illness and disease is present.
Subsequently, on October 10, 2000, the Beaches Environmental Assessment and Coastal Health Act
(BEACH Act), was passed to reduce the risk of disease to users of the nation's recreational waters.
The BEACH Act authorizes EPA to award grants to eligible coastal and Great Lake states and tribes
for the development and implementation'of programs to monitor coastal recreational waters for
disease -causing microorganisms, and to notify the public when monitoring indicates a public health
hazard exists. EPA allocated funds in fiscal year 2001 and annually thereafter to help states develop
their monitoring programs. To be eligible for implementation grants, states must establish and
operate monitoring and notification progranns consistent with performance criteria provided in the
National Beach Guidance and Required Performance Criteria for Granas' document (June 2002
EPA -823-B-02-004).
Between 1999 and 2003, prior to the passage of the BEACH Act and the development of the
National Beach Guidance and Required Performance Criteria for Grants, the GLO secured and
allocated Texas Coastal Management Program (CMP) funds for water quality monitoring at
thirteen of the most heavily used beaches in six counties along the Texas coast.
3. Project/Task Description
This project involves the collection and testing of water quality samples for the presence of
Enterococcus bacteria. Local contractors will collect water quality samples using standard
collection methods described under Section B. 2. of this QAPP. Local laboratories will analyze
the samples and enter results in the Texas Beach Watch Program database. The GLO database
=AS BRACE( WATCH QAPP
rannaty 2411
- Page7
will be used to compare sample results to EPA's recommended criteria. If sample results exceed
EPA's recommended criteria, the GLO will notify local government representatives
immediately. Local government representatives may then require signs, warning of elevated
bacteria levels, be posted at the affected beaches. In addition, bacteria levels for each sample are
posted in real time on the Texas Beach Watch Program's public Internet site at
www.TexasBeachWateh.com.
In September 2003, pilot implementation of the expanded monitoring program commenced in
the six counties previously participating in the CMP funded Texas Beach Watch. Program
(Jefferson, Galveston, Brazoria, M .tagorda, Nueces and Cameron) and continued through the
summer of 2004. In July 2004, nine additional stations were established in Galveston (1),
Brazoria (2), Nueees (2), and Cameron (4) counties, and four new stations were established when
Aransas County began participating in the program,. In 2005 sampling was being conducted at
161 stations on beach segments in Jefferson, Galveston, Brazoria, Matagorda, Aransas, Nueces,
and Cameron counties. In 2006, the Texas Beach Watch Program added six new stations in three
countiesa. four stations in Kleberg County, one station in San Patrick) County, and one station in
Nueces County. Bee -nu -fug in 2011, the GLO anticipates adding two testing locations at Sylvan
Beach located in the City of La Porte, Harris County. The identification of the counties and all
the monitoring stations (169) are included in Appendix C.
In 2008, the Texas Commission on Environmental Quality (TCEQ) listed Ropes Park and Cole
Park beaches in Nueees County as impaired. These beaches are included in TCEQ's 303(d) list
and were subjected to additional testing during 2010. The Coastal Bend Bays and Estuaries
Program and the GLO's Coastal Management Program simultaneously funded a study conducted
by Texas A&M University — Corpus Christi titled "Detection of Human Fecal Contamination in
Corpus Christi Bay with Bacteria Monitoring and Source Tracltg in Corpus Christi Bay at Cole
and Ropes Parks".
Appendix C — Unique Local Contractor Information contains specific inforni.ation for each local
contractor including sampling locations and the frequency of sampling. As new local contractors
are added to the program, Appendix C is updated prior to the new local contractor beginning
sampling. Appendix. C is updated when sampling stations are added or deleted. A copy of this
QAPP is included in all contracts between the GLO and a local contractor.
4. Quality Objectives and Criteria
The goal of this project is to provide the public with information about water quality at
recreational beaches. Development and implementation of a water gnality monitoring and
notification program will meet this goal. Water quality samples will be collected and tested for
Enterococcus bacteria and compared to EPA's recommended Single Sample Maximum Density
(SSMD) criteria of 104 colony forming units (cfa)l100 ml. Upon receipt of reliable data,
advisories will be recommended when sample results for Enterococcus exceed EPA's
recommended criteria. Data is of acceptable quality when it meets the requirements established
in the QAPP -ender section B5-8 and conducted in accordance with the sampling and analytical
methods identified in section B,.1-4.
TEXAS BEACH WATCH QAPP
• January 2011
Page 8
r
5. Special Training/Certification
No special training or certification is required for this project; however, all samples will be
collected under the supervision of licensed sanitarians or qualified environmental scientists,
employed by or tinder contract With the Texas Beach Watch Program, who have been trained to
collect samples in accordance with the QAPP and the laboratories SOP. All laboratory analyses
will be conducted at contracted. Texas Beach Watch Program laboratories under the direction of
the Project Manager identified in Appendix C.
Data entry staff will receive training on the proper procedures to enter and validate data by the
Project Manager or their designee.
This QAPP is intended to apply to multiple labs using multiple EPA approved techniques
Method 1600 and 1DEXX Enterolert) on a regular basis and therefore references tahoratory and
manufacturer QA/QC requirements for equipment and is more general in nature consistent with
the LPA Requirements for Quality Assurance Project Plans (EPA QA/R-5) document 2.4.1 and
2.42.
6. Documents and Records
The contract laboratories will be responsible for maintaining all records related to the collection
and analysis of data. These records include Field Observation Fomes (Appendix B), chain of
custody forms, sample analysis forms, individual. laboratory QA/QC records, and any other
documentation generated. Hard copies and electronic files containing field and laboratory data
Will be stored for three years. The GLO will not require the submission of hard copies, unless
specifically requested.
The GLO is responsible for maintaining the Texas Beach Watch Program database and ensuring
sample data is maintained in an electronic format. In addition, the GLO is responsible for
submitting annual data results to EPA on or before January 31g
TEXAS BEAC1WAT QAPP
Jemmy 2011
Page
B. ME /DATA. ACQUISSON
1. Sampling ProcessDesign
Pursuant to the BEACH Act, Texas determined the number of primary and secondary contact
recreation gulf and bay beaches along with the corresponding beach miles. Beaches in each
county were ranked as primary or secondary contact recreation beaches based on frequency and
density of use. With the exception of Cameron, Galveston, Harris, Nueces, Kleberg, and San
Patricio counties, most of the primary contact recreation beaches are located along the Gulf of
Mexico, where there are no direct discharges from land (point sources or stormwater outfalls).
A11 beaches along the Gulf of Mexico axe ranked as high priority (Tier 1) and sampling of coastal
waters will be conducted as funding allows. The most heavily used beaches are located in
Galveston, Nueces, and Cameron counties. These counties contain the most sampling stations
and receive the majority of the funds available.
Data from saxnple results are used to recommend swimming advisories; therefore, the collection
and analysis of water samples are classified as critical measurements. Critical measurements are
those required to achieve project objectives or limits on decision errors. The project objective
seeks to provide the public with information about the water quality at beaches used for contact
recreation. One sample will be collected at each sampling station. The sample result is
compared to EPA's recommended criteria. The criteria or "action levels" is EPA's
recommended 104 efu/100 ml for the SSMD. If the SS1V4D is exceeded, an. advisory will be
recommended by the GLO and a sample will be collected daily until the sample result is below
the recommended criteria.
The, standard operating procedures (SOPs) for field sampling are described in sequential steps.
The SOP also includes information pertaining to specific facilities, equipment, materials and
methods, and QA/QC procedures. A1116ca1 contractors will follow the SOPs described in. Part
9000 (Microbial Examination) of Standard Methods for the Examination of Water and
Wastewater (APHA, AWWA, WEF, 21t Edition, 2005).
The proper collection, preservation, and storage of beach water samples are necessary to reduce
analytical errors. Bacteriological samples will be collected in polypropylene bottles with a
volume of at least 125 milliliters (ml), but no more than. 1000 ml, to allow for adequate sample
mixing. To avoid contamination, the collection bottles must remain sealed until immediately
prior to sample collection. Initial samples will be collected between sunrise and noon. If results
exceed EPA's recommended criteria, local contractors are required to collect additional samples
within two hours. If results are received late in the day, the additional samples may be collected
the following morning.
a tpl ne Depth
EPA's Environmental Monitoring for Public Access and Community Tracldng Beaches Project
(EPA 60018-041023) recommends samples be collected in waist deep ( 3 ft.) water, 03 m (12
inches) from the surface. However, according to discussions at the 2004 National Beaches
Conference, EPA's recommended sampling depth may not be appropriate for samples collected
in the swash zone. The swash zone is defined as water one foot deep or less and is the area of
TEXAS BEACHWATCS QAPP
Jammly 2011
Page 10
r
water where children, an at risk population, spend most of their time. In Texas waters, the swash
zone usually contains large amounts of sand and sediment due to wave action. Therefore, the
Texas Beach Watch Program will sample at approximately two feet or knee depth. The two -foot
sampling depth will apply .unless:
• The majority of recreational activity occurs at a depth significantly different than two feet. If
this occurs, samples may be collected at the location of greatest swimmer activity; or
• The two -foot sampling depth occurs more than 50 meters from shore. If the two -foot
sampling depth occurs more than 50 meters from the shore, samples may be collected at 50
meters from shore or at the location of greatest swimmer activity. The distance shall be
measured from the approximate water line at the time of sampling.
The numbers of microorganisms in marine water samples are susceptible to rapid change due to
growth or death after collection. Therefore, to minimize change, samples will be held for the
shortest time possible. Standard protocol dictates holding times will be no longer than six hours.
Steps for -the preservation and transit of collected water samples will be followed precisely or the
sample will not be analyzed and another sample will be collected. Bacteriological samples will
be stored in insulated containers and maintained at a temperature of <10 degrees Celsius as
described in section 8.1.2 of Method 1600 which states in part that "ice or refrigerate water
samples at a temperature of X10 degrees Celsius during transit to the laboratory." .
Design Assumptions
When more than one sampling station exists on a beach, the sampling stations will be spaced
approximately 500 meters apart (500 meters = 1640.419947507 feet). However, due to the
variability of Gulf beach public access points, the 500 -meter spacing may not be practicable.
The majority of recreational beach users congregate around public access points; therefore,
samples will be collected near access points.
Sample locations and the priority of sampling are included as part of the individual appendices
for each local contractor. As counties are added to the Texas Beach. Watch Program, appendices
will be added to document sampling locations, contact information, and any other information
specie to each county.
Samples will be collected weekly during the beach season. (currently May -September) and
biweekly during the off-season (October April). Circumstances may dictate modifications to
sampling time and frequency for certain beaches. For example, during March sampling will be
conducted weekly on all Gulf beaches to account for the increase in the number of tourists
visiting during spring break.
Tuesday is the preferred sample collection day. Monday and Wednesday are alternate sample
collection days. This schedule allows time for re -sampling to occur, before the next regular
sampling period, when elevated bacteria levels are detected. Depending on the number of
beaches and stations, local contractors may require several days to collect samples.
TEXAS BEACH WATCJa QAPP
January 2011
Page II
{
The local contractor's field personnel document rainfall and tidal information to explain sample
collection difficulties (for example: the current was too strong to enter the water safely). If,a
sample cannot be collected according to the sampling schedule, field personnel will collect the
samples as soon as possible to ensure re -sampling can be conducted, if necessary, prior to the
next sampling period. If sampling cannot be conducted during the required time frame; the local
contractor must contact the Coordinator during that sampling period.
Samples must be processed as soon as possible after collection so the holding time limit does not
exceed six hours between collection and initiation of sample analyses.
The Texas Beach Watch Program contracted laboratories will be required to analyze samples
weekly and notify the Coordinator by entering sample results into the Texas Beach Watch
Program's database within two hours. The database generates detailed email notifications to all
interested parties designated by the Coordinator.
2. Sampling Methods
Procedures for Local Contractors
The following procedures for sampling are based upon Appendix I of the National Beaoh
Guidance and Performance Criteria for Recreational Waters (EPA -823-13-02-004) June 2002.
• Identify the sampling site on a chain of custody tag, if required, or on the bottle label and on
a field log sheet..
• Remove the bottle covering and closure just before obtaining each sample and protect them
from contamination. Be careful not to touch the inside of the bottle itself or the inside of the
cover.
• The first sample to be prepared is the trip blank (at least one per sampling day for routine
sampling is recommended). Open one of the sampling bottles and fill it with 100 ml of
sterile buffered dilution solution when collecting freshwater, estuarine, or marine water
samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify
samples have been maintained at the correct temperature for transportation.
• To collect the water samples, carefully move to the first sampling location. If wading in the
water, try to avoid kicking up bottom material at the sampling station. The sampler should
be positioned downstream of any water current to take the sample from the incoming flow.
Samples shall be collected in approximately two feet of water.
• Open a sampling bottle, grasp it at the base with one hand, and plunge the bottle mouth
downward into the water to avoid. introducing surface scum. Position the mouth of the bottle
into the current away from the hand of the sampler. The sampling depth should be 15 to 30
centimeters (6 to 12 inches) below the water surface, depending on the depth from which the
sample must be taken. If the water body is static, an artificial current can be created by
moving the bottle horizontally with the direction of the bottle pointed away from the sampler.
Tip the bottle slightly upward to allow air to exit and the bottle to fill.
• Remove the bottle from the water body.
TEXAS BEACH WATCH QAPP
January 2011
Page I2
• Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)
above each sample for proper mixing of the sample before analysis. [INTOTE: If the bottle
contains any debris, contaminants, or excessive sediment/sandl, a new bottle must be
used. Do not discard the water sample and refill the bottle.]
• Tightly close the stopper andlabel the bottle.
• Enter specific details to identify the sample on a pemfanent label. Take care in transcribing
sampling information to the label. The label should be clean, waterprooti; non -smearing, and
large enough for the necessary information. The label must be securely attached to the
sample bottle but removable when necessary. Preprinting standard information on the label
can save time in the field. The marking pen or other device must be non -smearing and
maintain a permanent legible nark.
• Complete a field observation form for each beach to record the full details on sampling and
other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to
interpretation of the results. This record also provides a backup record of sample
identification.
• Place the samples in a suitable container and transport them to the laboratory as soon as
possible. Adhering to sample preservation and holding time limits is critical to the
production of valid data. Bacteriological samples should be iced or refrigerated at <10°C
during transit to the laboratory. Use insulated containers such as plastic or Styrofoam
coolers, if possible, to ensure proper maintenance of storage temperature. Take care to
ensure sample bottles are not totally immersed in water during transit or storage. Process
• samples as soon as possible after collection. Do not hold samples longer than six hours
between collection and initiation of analysis (US Environmental Protection Agency, 2000).
Do not analyze samples that exceed holding time limits.
▪ Collect water samples for analyses of other parameters in separate appropriate containers at
the same time and perform analyses as specified in the particular methods.
• After collecting samples from a station, wash hands and arms with alcohol wipes, a
disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful
bacteria or other microorganisms. '
Labelhig the Samtlles
Each sample bottle shall be labeled with the following information;
• Date and time of sample collection
• Sampler's name
• Sample letters and station number (If more than one sample is collected at a station, identify
the first sample with the letter "A" after the station number, the second sample with the letter
"B" and so forth).
x Excessive sand or sediment will clog the titration process and pictEsait bacteria colonies fmm growing. k will be rip to the sampler to
determine what is considered excessive based on his or her oval experience.
TEXAS BEAC:SWATC$QAPP
Jemmy 2011
Page 13
Samples must be processed as soon as possible after collection so the holding time limit does not
exceed six hours between collection and initiation of sample analyses. Samples will only be
delivered to Texas Beach Watch Program contracted laboratories.
3. Sample Handling and Custody Requirements
Chain of Custody (COC) procedures will be followed whenever samples are collected, transferred,
stored, or analyzed. The local contractor's staff will follow sampling protocol and deliver samples
directly to a Texas Beach Watch Program contracted laboratory for analysis.
When samples are delivered to the laboratory, the local contractor and laboratory staff will
complete any COC records required by the laboratory.
4. Analytical Methods Requirements
Local contractors will analyze the samples for Enterococci bacteria using EPA's Method 1600:
Enterococci in Water by Membrane Filtration Using membrane -Enterococcus Indoxyl--13-D-
Glucoside Agar (tnRI) or the IDEXX Enteroler'tTM system. The specific method for each local
contractor is addressed in the individual appendices.
5. Quality Control Requirements
Local contractors monitor coastal beach water quality. It is the responsibility of the local
contractor's Project Manager to ensure field staff are properly trained and routinely monitored for
compliance with established protocols. The project manager will also be responsible for
periodically verifying the completeness afield sampling records prior to data. entry.
The field technician will be responsible for sample handling and custody requirements for each
sample collected and transferred to the laboratory.
The Texas Beach Watch Program database was developed to meet requirements of the BEACH
Act. The database and Web -based data entry form were designed to mmimre the possibility of
data entry errors. The Coordinator will periodically review and evaluate results entered into the
database.
The Texas Beach Watch Program will conduct an annual in-depth review of a local contractor's
records and field sampling techniques to evaluate training methods and documentation
procedures. The review will include an assessment of the Local contractor's adherence to the
criteria contained in the QAPP. Additional informal reviews of each laboratory may be
conducted during the year.
Sueeityiinn Measurement Performance Criteria
Performance criteria or Data Quality Indicators (DQIs) are qualitative and quantitative
descriptors used to interpret the degree of acceptability, or utility of the data. The principal DQIs
include precision, bias, representativeness, comparability, and completeness. Precision and bias
TEXAS BEACH WATCH QAPP
Ianuaiy 2011
Page 14
are quantitative measures. Representativeness and comparability are qualitative measures, and
completeness constitutes both a quantitative and qualitative measure.
Representativeness, completeness, and comparability are of particular concern to field sampling
staff Representativeness is the' degree to which data accurately and precisely represents the
characteristics of a population. One method for ensuring representativeness includes the evaluation
of the sampling design to determine whether the sampled area is typical and representative of each
area of concern. The Tees Beath Watch Program ensures representativeness by sampling coastal
waters near beaches used for public recreation.
Completeness is a measure of the amount of valid data obtained from a measurement system.
Completeness is expressed as a percent of the number of valid measurements that should have
been collected (i.e., measurements planned for collection). Every effort is made to avoid sample
and/or data loss through accidents.
Percent completeness (%C) for measurement parameters is defined as follows:
%C = v/T X 100
Where, v = the number of mea.smemeuts judged valid and T = the total number of measurements.
To recommend an advisory, the Texas Beach Watch Program requires one sample be collected at a
given site. The result is compared to the standard criteria to determine if an advisory is warranted.
The sample collected at the site must be deemed valid prior to an advisory being recommended.
The completeness goal for valid decisions at each site is 100%. The Texas Beach Watch Program
database includes measures to prevent the omission of data necessary to ensure the completeness
measure.
Comparability is the qualitative term thatexpresses the confidence two data sets contribute to a
common analysis and interpolation. Comparability must be evaluated carefully to establish whether
two data sets can be considered equivalent with regard to the measurement of a specific variable or
groups of variables. In laboratory analyses, the. term comparability focuses on method type
comparison, holding times, stability issues, and aspects of overall analytical quantitation. Sampling
based on similar geographic and seasonal characteristics; adequate training of field sampling and
laboratory personnel, and the use of standardized sampling and analysis methods ensure
comparability.
Prevision is the measure of agreement among replicate measurements of the same property, under
prescribed similar conditions. Local contractors will estimate field precision through the sequential
collection and measurement of two samples, 10% of the time. For every 10 stations sampled, a
second sample will be collected for comparison to the first sample. The two samples will be used to
calculate the relative percent difference described below. The second sample will be entered into
the database and used to calculate the station average. Field personnel will assess precision on a
regular basis to determine sampling performance.
The precision of laboratory analyses is estimated by analyzing two or more aliquots (duplicates)
of the same water sample. The'precision analysis procedures used by a laboratory are included
TEXAS BEACH WATCH QAPP
January 2011
Page 15
in each local contractor's QA/QC plan. QAJQC is assessed in the laboratory on a regular basis
and the laboratory shall maintain records of the assessment.
The precision DQI is obtained from two duplicate samples by calculating the relative percent
difference (RPD) as follows:
RPD = ((ICt-C2I)t((CI-FC2)/2)) * 100%
Cl is the first of the two values and C2 is the second value. An RPD of less than or equal to 60
percent between field duplicates microbiological analyses could be considered acceptable
because of the heterogeneity of bacteria populations in surface waters. When laboratory
duplicates are analyzed, precision of the test will be expressed in terms of standard deviation and
tae ability to detect the target organism. Analysts should duplicate bacterial colony counts on the
same membrane within five percent, and other analysts' counts within ten percent; otherwise,
procedures should be reviewed and corrective action implemented.
Bias is the systematic or persistent distortion of a measurement process that causes errors in one
direction (USEPA 2002a). Bias assessments for environmental measurements are typically
based on analysis of spiked samples, which is not feasible for microbiological samples. It is
assumed bias will be minimized in this study by close adherence to SOPs and QA plans.
Accuracy is the degree of agreement between an observed value and an accepted reference or
true value. Accuracy is a combination of random. error (precision) and system & error (bias),
both of which are due to sampling and analytical operations (USEPA 2002a). Accuracy is
estimated by comparing the measured value to its "true" value. Because microbiological
analysis measures constantly changing living populations, the true values cannot be known.
Accordingly, accuracy, like bias, is diffidizlt to assess for microbiological analyses. However,
because indicator organism density estimates are assumed to have minimum bias; accuracy
equates to precision, which will be rigorously assessed.
6. Instrument Testing, Inspection, Maintenance, Calibration and Frequency
Testing, inspection, maintenance, and ° calibration of laboratory equipment will be conducted
according to laboratory QA/QC manual,%, and as specified by the equipment manufacturer.
Local contractors employing the IDEXX Enterolertmf system for enumerating Enterococcus may
require special equipment including the IiDEXX Quauti-Tray® Sealer with insert along with the
required supplies.
7. Inspection/Acceptance of Supplies/Consumables
Project Managers will be responsible for ensuring all supplies and consumables are appropriate
and acceptable. The Texas Beach Watch Program requires all samples to be collected in
sterilized polypropylene bottles 'with a volume of at least 125 milliliters (ml), but no more than
TEXAS BE'sAC wAItaQAPP
January 2011
Page 16
1
1000 ml. In addition, laboratories will not accept collection containers if the individual
containers or the delivery container are not properly closed or sealed.
Laboratories that re -use sample bottles should make sure the decontamination procedures are
readily available at the lab and consistent with the practices identified in EPA Method 1600
Appendix A; thoroi,ghly clean with detergent and hot water, hot water rinse conducted to remove
all trace amounts of detergent, and iple rinse with laboratory pure water.
8. Data Management
Data Recardino,
Water quality results are entered into the Texas Beach Watch Program database via the Web.
The Texas Beach. Watch Program will assess the data for completeness and errors on a periodic
basis. The project manager will be notified of discrepancies by email or fax as soon as
practicable. The nature of the data and the subsequent analyses must be consistent to allow data
sets to be'compared.
DataValidation
Data will be validated and verified based on the following factors:
• Completeness of data;
• Adherence to proper sample preservation transport, and handling protocols;
• Proper sample collection procedures;
• Proper quality control criteria;
• Documentation of all data (including QC data);
• Abilityto reconstruct field sampling procedures through documentation and records;
• Abilityto trace data to specific sampling sites, dates, and times; and
• Appropriateness of the data based on specific data quality objectives / indicators.
Laboratory verification procedures will be outlined for each laboratory in their QA/QC manual,
guidance or procedural documentation. Validation confirms that requirements for specific
intended uses have been fulfilled and that data is systematically examined to determine technical
usability with respect to planned objectives. Project Managers or their designee are responsible
for reviewing field -sampling reports before data is entered in the system.
TEXAS REACH
.Fsmimy 2011
Page z7
C. ASSESSMENT/OVERSIGHT
1. Assessment and Response Actions
AssessmerttActivities and Protect Piathth e
The Coordinator is responsible for the preliminary assessment and oversight of the program,
including contract mans ement procedures for the allocation of BEACH Act funds to local
contractors. Additionally, the Coordinator will periodically review data submitted to the Texas
Beach Watch Program database to identify possible trends and to ensure QAPP requirements are
met. QA assessment results will be reported to EPA on an axnual basis as required by the
cooperative agreement between EPA and the GLO. In addition, QA assessments may be
summarized as required in each semiannual report to EPA.
GLO will perform an annual review of a local contractor's laboratory to ensure their protocols
are consistent with the QAPP. If the review finds a local contractor not adhering to the QAPP,
the locatconlractor will be required to take corrective action to address the deficiency. Failure to
do so will result in possible financial penalties (withholding of payment until corrected) or
termination of contract.
2. Documentation of Assessments and Reports to Management
Data quality will be assessed as part of the annual review to ensure adherence to the QAPP. The
Contractor and Data Review template (Appendix E) will be completed by the Quality Assurance
Officer or Coordinator to document the results of the review and any corrective action taken in
the local contractor's data file. This information will be included in semiamlual reports to EPA.
Supplemental reports will be submittal as warranted.
TEXAS BEAM WATCH QAPP
Iamtary2011
Page 18
D. DATA VALIDATION AND ITSABILITY
1. Data Review, Validation, and Verification Requirements
Sampling DesIRn
•
Changes to sampling location andlor frequency of sampling will occur on a yearly basis or as
needed and will be documented in Appendix C. In addition, as new local contractors are added
to the Texas Beach Watch Program, Appendix C will be updated to indude•new site locations, in
order of importance, frequency of sampling, number of stations per beach, site maps of all
beaches and stations, contact information and other relevant information.
Sample Collection Procedures
Samples must be collected according to the protocol described in Section B of the QAPP. If
sampling protocol is not followed, the samples will not be analyzed and replacement samples
will be collected according to protocol.
Sample Handling
Project Managers will routinely cheek storage containers to ensure samples are stored and
. transported under conditions that will not adversely affect sample quality. Chain of custody
documentation will be conducted according to each local contractor's QA/QC procedures. If
samples are not handled properly, laboratories shall refuse the samples and collection of
replacement samples will be required.
Analvfcal Procedures
Texas Beach Watch Program contracted -laboratories mast have the capability to analyze samples
weekly. Laboratory staff must be qualified to use the required instruments and must be familiar
with techniques necessary to analyze water quality samples. Laboratory SOPs related to COC,
instrumentation, and technique are provided in laboratory QA/QC manuals. Laboratory
personnel will utilize EPA Method 16002 or the IDEXX EnterolertTm for the detection of
Enterococci. Laboratory supervisors may request copies from the EPA's National Service
Center for Environmental Publications (http:l/www.epa..gov/nceuihom). The Method 1600
document is also available at http://www.ena.gov/Watersciencelmethods/. Information pertaining
to Enterolertni may be found at http://www.idexx.comiwater/enteroiert/A
Oual t Confrol
Sampling quality control measures will be applied as discussed in Section B. 5, while laboratory
quality control activities will be conducted according to the laboratory's QA/QC manual.
2 MEM July 2006 or September 2002. Method 160a: Bute/newel in Water by Menlxann Piltratlon Using m nlnaue-Enlomcocaus Indoxyl-
thetal-1-GlucasideAgar (mE1). ET_S. Bnvimnmemtal Protection Agency, Office of Water, Washington, DC EPA -8214-06a09.
TEXAS BBAcnwATm QAPP
January 2011
Page 19
Cal&rat on
Instruments will be calibrated according to the laboratory's QA/QC manual and as recommended
by the manufacturer. Data not conforming to sampling protocols or laboratory handling and
• analysis protocols will not be used. Laboratory analysis protocols include the calibration and
verification of instruments to manufacturer and/or method specifications.
DaiaReduction and P ocessi e
Loss of detail in data will be avoided by periodically reviewing the data entered and by following
procedures for data reduction and processing activities described in the laboratory's QA/QC
manual.
2. Validation and Verification Methods
Validation and verification activities will be performed during annual reviews of a local
contractor and as described in Section B8 and the laboratory's QA/QC manual. The local
contractor maintains and reviews sampling and analytical data as the data is generated.
The GLO will assess and review the online data submitted on a monthly basis. The assessment
activities will include the continual or frequent monitoring of the status of a project and the
analysis of records to ensure specified requirements are being fulfilled. Key project personnel
(Project Managers) are responsible for surveillance of the program under their control; however;
the Texas Beach Watch Coordinator monitors data entry through the various queries that
generate Summary Reports in EPA's Monitoring and Notification Databases. These Summary
Reports in addition to Summary Reports generated for billing comparisons will be used for
validation and verification of data entered by the Contractors. Any corrective action taken to
remedy deficiencies will be documented.
3. Reconciliation with User Objectives
The Texas Beach Watch Program is designed to support the intended use of results through the
compilation of water quality data. The Texas each Watch Program will analyze data for
correlation. between environmental factors and water quality results to determine the feasibility
of predictive models.
If serious deficiencies are noted in data quality, the data may be reported to EPA with an
appropriate data qualifier or not reported with an explanation. The data qualifier will be
identified in the Monitoring Database, Activity table comments field. The appropriate action
will be performed in consultation with EPA Region VI personnel
If. serious discrepancies are noted, appropriate action may include the cessation of advisories
until the deficiency is resolved. The resolution will consist of written communication to a&dress
and identify a solution and implement correction action. A follow up lab visit may be conducted.
TEXAS BEACH WATCH QAPP
Jani3aty 2011
Pagel)
APPENDIX A - ORGANIZATEONAL CHART
TEXAS BRAC$ WATCH QAPP
January 2011
Pap 21
TEXAS BEACH WATCH PROGRAM
Men )15 -Ing
apapanmoissictur
Skriland
Dreettr
Graititcgiams aNNuat
Vaud
Q.1.4lity Ara= Meer
Tom RathWitch
Rogan
TeresitaMmdala
EPAINect Mar
Reghn
,C1-agavis
Chatindu
Tam BeachWichagran
Itojzct Na
laborlov
Alio Sloth
EPABeteh BogamCbercintx
RegiollV
(ff dtErent froaltkject Malger)
T mai lawemnint Ftp-xsatativz
(ir diked fonitject Maw)
TEXAS BEACHWATCH QAPP
January 2011
DIV 22
COASTAL RESOURCES DIVISION
Deputy Comm"
Helen'Y
EltactItiVa Assistant
Janette Gitxeai
Special Projects Coordinator
Martha zcfarell
Planning, Permitting &
Technical Services
him c fieri. Moder
Beach Dune
Regia Sunray, Program Advisor & Team Leader,
Carly Bohn, ProgsamAdvisar
Project Planning & Technical Services
Rey Newby. Coastal Protect Planner& Team Leader .
Thanes DumJa, ccast t Relent Planner
Sten Him*, Sandi tdonamilia & ItaintenanceSpeeiest
Hazard Mitigation
dhnttt alhef i.Fi31dA&mateCnerpaocyMnnagemeii
Specialist
Intonation Architect
Laws LVisdan, Informaihan Architect
Grant Programs & Support
Stied Land, Draw
Coastal Management Program
Masse Pouter, CMP tarps Atirrinastrater a Teem Leader
Kathryn Xullner, CsnslstencyRWCW o l rat
CIAPJGOMESSA Programs
Kathy Swam. Granth 1tdmi ni5tretar & Team Leader
Tan Caftan, Grant Specthilst
Reach Watch Program
Craig Cede, Fleaeft Watch Program SpedaEst
Support Services
Sharon tame, centred
TEXAS BEACHWATC11 QAPP
January 201]
Page 23
APPENDIX B - FIELD OBSERVATION FORM
TEXAS BEACH WATCH QAPP
January 2011
Page 24
(May be reformatted by local contractors)
Date:
Sampler's Name: each Name:
Time Samples Collected: Start: Finish:
Time Samples Delivered to Lab;
Site Conditions:
Wind: Cahn Slight Breeze Moderate Breeze Windy
Weather: Clear_ Partly Cloudy Overcast Rainy Drizzle Fog
Wind Direction: N NE E SES SW W NW
Air Temperature: Water Temperature:
Rainfall: WePtrlyAccumulation in. Last 24 hours: in.
Tidal Stage: FloorTing High Slack Ebbing Low Slack
Water Surface: Calm, Ripples Chop Swells
Water Color: Medium Brown Dk. Brown Red -Brown
Green. Brown Green Yellow Brown . Other
Smell: Sewage Oily Dishy Rotten Egg None
Beach Debris: Dead Fish Dead Crabs .: Algae None
Other:
General Comments:
TEXAS BEACH WATCH QA1'P
Ianeaty 2011
Page 25
APPENDIX C - UNIQUE LOCAL CONTRACTOR INFORMATION
TEXAS BEACH WAS QAPP
January 2011
Page 26
APPENDIX C - UNIQUE LOCAL CONTRACTOR INFORMATION
ARANSAS COUNTY
Local Entity/Contractor
Corpus Christ .-Nueces CountyPPublic Health
District
1702 Horne Road
Corpus Christi, Texas 78416
Laboratory
Donna Rosson, MPH, MT(ASCP)
Laboratory Manager
Corpus Christi Nueces County Public Health
District
1702 Horne Road
Corpus Christi., Texas 78416
(361) 826-1323
(361) 826-7217 - Fax
DonnaR@cetexas.com.
Project Manager
Annette Rodriguez, Director
Corpus Christi-Nueees County Public Health
District
1702 Horne Road
Corpus Christi, Texas 78416
(361) 826-7203
annetter@cetexas.coth :
Laboratory
Gabriel Ramirez, M.S.
Microbiologist
Corpus Christi-Nueces County Public Health
District
1702 Home Road:
Corpus Christi, Texas 78416.
(361) 826-7218
(361) 826-7217. - Fax
gabrielr(cetexas.com
Analysis Method.
EnterolertTM
Local Government Contacts ._
Mr. Tom Staley, Director
Parks and. Leisure Department
City of Rockport
P.O. Box 1059
Rockport, TX 78381
361-729-2213 ext.134 ::..:.
parks@eityofrockport.com
a mi cityofrockpoitcom
Brian Smith, M.D., M.P.H.
Regional Medical Director
Texas Department of State Health Services
601 West Sesame Drive .
Harlingen, Texas 78550, Mail Code 1907
(956) 423-0130
(956) 444-3298 Fax
(956) 444-3202
Brian.Smith@dshs state:tx.us
Jace Tunnell, Project Manager -
Coastal Bend Bays and Estuaries Program..'
1305 N. Shoreline, Suite 205
Corpus Christi, TX 78401
(361) 885-6245
(361) 883-7801 - Fax
itunnell@cbbep.org
Beach Locations
Aransas County's most popular beach is the Rockport Beach Park in the City of Rockport.
Rockport beach is the only BLUE WAVE BEACH in Texas as certified by the Clean Beaches
Council of Washington, D.C. In addition, the City iiAs a saltwater swixrznaing pool off of the
main channel'into Little Bay,
Station
Location
Latitude
Longitude
ARA001
Rockport Beach Park West
28 01, 43
97 02 32
ARA002
Rockport Beach Park East
28 01 49
-97 0215
ARA003
Rockport Saltwater Pool
28 01 57
-97 01 56
ARA004
Little Bay Ski Basin
28 0150
-97 02 23
Rockport Beach
02
Q
02
OA Mites
APPENDIX C - UNIQUE LOCAL CONTRACTOR INFORMATION
NUECES COUNTY
Local Entity/Contractor
Corpus Christi Nueces County Public Health
District
1702 Horne Road
Corpus Christi, Texas 78416
Laboratory
Donna Rosson, MPH, MT(ASCP)
Laboratory Manager
Corpus Christi-Nueces County Public Health
District
1702 Home Road
Corpus Christi, Texas 78416
(361) 826-1323
(361) 826-7217 - Fax
DonnaR@cctexas.com
Local Government Contacts
Ms. Annette Rodriguez, MPh., Director
Corpus ChristiNueces County Public Health
District
1702 Horne Road
Corpus Christi, TX 78416
(361) 851-7203
annetter@cetexas.com
cctexas.com
Tyner Little, Executive Assistant
Nueces County Commissioner's Court
Administration
901 Leopard. St.
Corpus Christi, TX 78401-3600
(361) 888-0878
tyner.little@co.nueces.tx.us
Protect Manager
Annette Rodriguez, Director; .
Corpus Christi-Nueces County Public Health
District
1702 Horne Road
Corpus Christi, Texas 7841.6
(361) 826-7203
annefter@cetexas.com
Laboratory
Gabriel Ramirez, M.S.
Microbiologist . . .
Corpus Christi-Nueces County Public Health
District
1702 Home Road
Corpus Christi, Texas 78416.
(361) 826-7218
(361) 826-7217 - Fax
gabrielr@cctexas.com
Analysis Method.
Enterolert
Brian Smith, M.D., M.P.H.
. Regional Medical Director
Texas Department of State Health Services
601 West Sesame Drive -
Harlingen, TX 78550
(956) 423-0130
(956) 444-3298 Fax
(956) 444-3202
Brian.Smith@dshs:state.tx.us
David Parsons, Planning & Project Manager
City of Port Aransas
710 W.Ave.A
Port Aransas, TX 78373
(361) 749-4111
(361) 749-4723 -Fax
davidparsons@cityofportaransas.org
pat@citvofportaransas.org
Local Government Contacts
Michael Morris, Director
Parks & Recreation Department
City of Corpus Christi
1201 Leopard St.
Corpus Christi, TX 78401-2120
(361) 826-3464 •
irdelut-Ino@cetexas.com
Scott Cross, Director
Nueces Coiu,ty Parks & Recreation
Department
P.O. Box 18608 •
Corpus Christi, TX 78480-8608
(361) 949-8121
(361) 749-6117 — Port Aransas Office
scott.c oss co.nueces.tx.us
Jace Turmoil, Project Manager
Coastal Bend Bays and Estuaries Program
1305 N. Shoreline, Suite 205
Corpus Christi, TX 78401
(361) 885-6245
(361) 883-7801 Fax
jturtnell@cbbep.org
Beach Locations
Damon Reeves, Park Superintendent
Mustang Island State Park
P.O. Box 326
Port Aransas, TX 78373-0326
(361) 749-5246
damon.reeves@tpwd.state.tx.us
Derek Herzog, Beach. Superintendent
City of Corpus Christi
17959 Hwy 361
Corpus Christi, TX 78373
(361) 826-4180
derekh@ectexas.com.
Nueces County las a very extensive beach area both along the Gulf of Mexico .and within
Corpus Christi Bay. Twenty-four stations on the Gulf and twenty-two stations on the Bay will
be sampled.
Station #
Location
Site Description
Lat DMS
Long )MS
NUE001
Port Aransas (PA)
Port Aransas Jetties
27 49 59
-97 02 49
NUE002
Port Aransas (PA)
-
Nueces County campground park
office .
27 49 53
-97 02 58
NUE003
].'ort Aransas (PA)
North side of Horace Caldwell Pier
27 49 42
-97 03 09
NUE004
.Port Aransas (PA)
South side of Horace Caldwell Pier
27 49 35
-97 03 17
1\1UE005
Port Aransas (PA)
Avenue G access road
27 4919
97 03 31
NUE006
Port Aransas A)
Sandcastle Drive access road
27 48 55
-97 03 54
NUE007
Mustang Isbrd State
Park (M1)
Approx. 200 feet north of the north
groin of Fish Pass
27 4044
-97 09 53
•
NUE00S
Mustang Island State
Park (MI)
Approx. 200 feet south of the south
groin of Fish Pass
27 40 27
-9710 04
NUE009
Mustang Island State
Park (Mi)
Main park showerslrestroams
27 4015
-97 10 15
C
tation #1
ocaiion
Site Description
Lat DMS
Long DMS
1 010 I
ustang Island State
1' ark (ME)
Slab for portable toilets/rinse showers
"ypicnic tables
27 39 59
-9710 24
012 1
ustang Island State 1
['ark (MI)
ustang Island SP Far south
27 38 36
-9711 14
113
P. Luby Park
'L#1
27 38 11
-97 11 26
1 014
.P. Luby Park
'L #2
27 37 45
-97 11 42
I 015
.P. Luby Park
"L #3 •
27 37 21
-97 11 56
! 016
.P. Luby Park
'L #4
.27 36 59
-9712 07
1 017
: ob Hall Pier/Seawall
I orth terminus of seawall
27 36 35
• -9712 20
! 18
1: ob Hall Pier/Seawall
27 3617
-9712 30
019
l: ob Hall Pier/Seawall
ouch terminus of seawall .
27 35 55
-9712 41
020
1: ob Hall. Pier/Seawall
27 35 41
-9712 49
021
1: ob Hall Pier/Seawall.1
ueces County mile marker 1
27 3522
-9712 58
I 022
' ob Hall Pier/Seawall
1: riscoe Pavilion Walkover (under
onstruction)
27 35 09
-9713 05
023
1: ob Hall Pier/Sea-wall
1' , lic restrooms at Bob Hall. Pier
27 34 58
-9713 11
I 024
is ob Hall Pier/Seawall
, outh side of pier
27 34 48
-9713 16
!25
I 026
niversity Beach
1' oeniseh Park
niversity Beach
I" oenisch Park
27 42 55
27 43 27
-97 19 16
-97 20 36
I 028
1' opes Park
1' o • es Park
1' opes Park #2 -
1' opes Park 43
27 45 10
27 45 17
-97 22 33
-9722 34
1 029
1 ! 31
ole Park
ale Park #2
27 46 03
-9723 04
I 032
Cole Park
.le Park #3
27 4612
-97 23 14
1 - ! 33
Cole Park
ole Park #4
27 4619
-9723 18
1 •035
Cole.Park
ole Park #6
27 46 32
-97 23 28
036
1 cGee Beach
1 cGee Beach 41
27 47 03
-97 23 38
037
1' eGee Beach .
1 cGee Beach 42
27 47 09
-97 23 36
1 038
orpus Christi Beach
Coastal
oastal .
27 49 03
-97 23 22
039
Corpus Christi Beach
- Breakers
1: reakers
27 4918
-97 23 11
1 ! • 0
,rpus Christi. Beach
Gulfspray
orpus Christi Beach
Gulden
Gulfspray
olden.
27 49 36
27 49 52
-97 22 59
-97 22 47.
1 041
.042
Causeway -Point
KA
27 39 29
-97 15 43
• 943
1 : it : Shores
1 aguna Shores
27 38 17
-97 1711
I 044
1' ark Road 22
1' ark Road 22
27 37 49
-9713 30
1 045
orpus Christi Marina
orpus Christi. M... ' i .
•rpus Christi Marina South
Corpus Christi Marina Middle
27 47 26
27 47 36
-97 23 30
-97 23 26
446
I .047
Corpus Christi M.. u .
.rpus Christi Marina
27 47 48
-97 23 16
1 *48
ustang Island
1 ustang Island -
27 4212
-97 08 59
Station #
Location
'Site Description
Lat DAIS
Long_DMS
NUE049
Lighthouse Lakes
Lighthouse Lakes Kayak Trail #1
27 51 39
-97 04 58
NUE050
Emerald Beach
Prnerald Beach
27 46 53.8
-97 23 36.40
-1 1
.21
41.
a
rei
i
1
ighthouse Lakes Kayak Tail
APPENDIX C - UNIQUE LOCAL CONTRACTOR INFORMATION
SAN PATRICIO COUNTY
Local Entity/Contractor
Corpus ChristiNueces County Public Health
District
1702 Home Road
Corpus Christi, Texas 78416
Laboratory
Donna Rosso'', MPH, MT(ASCP)
Laboratory Manager
Corpus Christi Nueces County Public Health
District
1702 Horne Road
Corpus Christi, Texas 78416
(361) 826-1323
(361) 826-7217 - Fax
DonnaR@cctexas.com .
Protect Manager
Annette Rodriguez, Director
Corpus Christi Nueces County Public Health.
District
1702 Horne Road. :.
Corpus Christi, Texas 78416
(361) 826-7203
annetter@cctexas.com
Laboratory.
Gabriel Ramirez, M.S.
Microbiologist
Corpus Christi Nueces County Public Health
District
1702 Home Road
Corpus Christi, Texas 78416:.
(361) 826-7218
(361) 826-7217 - Fax
gabrielr(7cetexas.com :
Analysis Method
Eterb1ertTM -
Local Goverment Contacts ..
The Honorable Terry Simpson
San Patricia County Judge
400 W. Sinton, Rm. 109.
Sinton, TX 78387
(361) 364-9301
(361)364 -6118 -Fax
terry.simpson@co.san-patricio.-bc.us
Brian Smith, M.D., M.P.H.
Regional Medical Director
Texas Department of State Health Services
601 West Sesame Drive
Harlingen, Texas 78550, Mail Code 1907
(956) 423-0130
(956) 444-3298 Fax
(956) 444-3202
Brian. Smith@clshs.state.tx.us
Jace Tunnell, Project Manager . .
Coastal Bend Bays and Estuaries Program
1305 N. Shoreline, Suite 205
Corpus Christi, TX 78401
(361) 885-6245
. (361) 883-7801 - Fax
ftunnell@cbbep.org
Beach Locations
Station
Location
Latitude
Longitude
SAN001
Nueces Bay Ca 1seway - NE '
27 51 14.8
-97 2129
27.854111, -97.358056
APPENDIX D - PROJECT MANAGER SIGNATURE PAGE
TEXAS BEACH WATCH QAPP
. Tannery 2011
Page 76
APPENDIX D - PROJECT MANAGER SIGNATURE PAGE
By nay signature below, I attest that I have read and understand the Quality Assurance Project
Plan for the Texas Beach Watch Program and Nueces County.
Annette Rodriguez Date
Project Manager
•
APPENDIX E - CONTRACTOR AND DATA REVIEW TEMPLATE
Tk:XASBEACH WATCE1 QAPP
Imualy 2011
Page 78
i
CONTRACTOR AND DATA REVIEW TEMPLATE
The following review was conducted on [insert th tP] by (insert name), Quality Assurance
Officer, Texas Beach Watch Program during the normal sampling conducted by [insert lab tech
name], [insert name of laboratory], at various sampling points in [insert county namej County.
Sample processing Was observed at the laboratory. [insert lab tech name] performed the sample
processing.
•
Yes.
' -.
Questions/D0 CII13ieiltation CommentsNo
Are samples collected in sterilized
polypropylene bottles with a volume of at
least 125 mJ, but no more than 1000 ml?
Are coliection bottles kept sealed until
immediately prior to taking the sample?
0. s r'a}".h��, Pp•." et NYy,l1�.jlt'�lrzz
04F n1h^E...` k7 ��f s
Are the samples being collected at the
appropriate standing depth? (Knee depth
(-2 ft), this may change if the majority of
The recreational activity occurs in a
significantly different depth or if the
distance to achieve a sampling depth is
greater than 50 meters from the water line.)
-
Are samples collected as near as possible to
the access points ofa beach?
•�.1"k*:9 �7 � '^'fi '=�. ]y,�,Y,+ Ri^"k*re
L7��i�`l'.#ll'L{�.hll��X��-,'.��ffi�'.'•����V%�^`S_ar�t��[
' "
c+fatSa!•uyjl'xI e6S �a d1s° A ''t�-l�,'' 1"� zi, 1 i.
=6..h� z �s{..�i���x 4f!a4� ri�: e �r'i.F }G {���'r
Is the subrecipient following the step-by-
step field-sampling methods outlined under
J32 of the QAPP? (From Appendix J of the
National. Beach Guidance and Performance
EPA823-
Criteria for Recreational Water (EPA-823-
B-02004) June 2002.)
B-02-004)
-
-
r, 3 tirl S 0 rrl;�- a,1;' ..
O" ' 7 `r , ' .e4--,_.:T:
Are sample holding times (of no longer than
six hours from collection to delivery) being
meet?
Are samples being maintained at a
temperature of <I0° Celsius (C) and stored
in insulated containers during transit to the
_
T2��
KAB BFACHWATCHQAPP
Sammy 2411 i
Page 79 1
Questlonsilloenznentation
boratory?
I' es.
Comments
Ts each sample bottle properly labeled with
e following information: date and time of
collection, sampler's name, sample letters
and station number?
fi�ti'' .:. _....,�. ,, ._�...
sl , R3 a - � I "i I I '. 1 b
epi I j X ; ry �i� y2 y,
one sample being collected per station?
I re -sampling being conducted on a daily
asis when the average value exceeds the
ecommended standard?
sample collection occurring between
sunflse and noon?
e field replicates being collected and
analyzed by field personnel at tire
appropriate frequency?
Il oes re -sampling occur within two hours of
a count that exceeds standards (when
ossible)?
ID oes sample collection follow the schedule
as outlined in the work plan? The required
collection period is on Tuesday with
F onday and Wednesday as alternate days
(Multiple days may be needed to collect all
• f the samples).
!, e e l R vitw t_ . u 0 Yfirivim,
lit,,,, --'gyp ',a k» 41:,..-,z„.-„, y e.... , r 11..5't
11 o field personnel document rainfall and
;dal information to explain sample
collection difficulties?
1 the Beach Watch Coordinator contacted if
mere are sampling difficulties?
_
e Chain of Custody (COC) procedures
followed whenever samples are collected,
E :EE feared, stored, and analyzed?
TEXAS BEACH WATc&QAPP
Jemmy 201.1.
Page 80
1
f
Yes Comments
Questions/Documentationfro
ere missed sampling events
completeness <100%) explainedand
• . cemented?
'.
Are the samples analyzed using either
EPA's Method 1600: 24 hour Membrane
Filter Test or IDEXX's Enterolertim
system?
{
'
Are the sample results being entered into the
Beach Watch Database, through the web,
within two hours of receiving them?
Does the subrecipient have a training
manual for new hires on procedures,
protocol, etc? Has a copy been provide to
the Beach Watch Program?
Does the project manager periodically
verify the completeness of field sampling
records prior to data entry?
ice' Mi 5, r
t.'
Has the subrecipient submitted its QA/QC
tan that hag been certified and approved by
CEQ?
Are triplicate lab samples being conducted
in the lab to verify precision? Is it being
conducted for 10% of the samples?
Is the subrecipient documenting that
sterilization of lab autoclaves occurs?
Is documentation being maintained on daily
incubation temperatures?
Is documentation being maintained on
,calibration of lab equipment used?
Is testing, inspection, maintenance, and
calibration of aboratory equipment being
TEXAS BEACH WATCH QAPP
January 2011
Page 81
Questions!Dac11nieutatioil
111
nducted as prescribed by laboratory QA
anuals and as specified by each equipment
ufacturer's owner's manual.?-
1. #y drab .. s pffi 4 tz,N-1E w
e both hard copies and electronic files
containing field and laboratory data will be
stored for three years?
*Upon review of the laboratory, the following corrective actions are recommended:
[insert Narne]
Texas Beach Watch Quality Assurance Officer
Date
[Insert Name]
Texas Beach Watch Program Coordinator
Date
MIAs MACE WATCH QAPP
January 2011
Page 82
EXHIBIT 2
Sampling Soli able
7
• • •
SAMPLING SCHEDULE
September 1, 2011 through August 31, 2012
Sample
{�Veek
Sample
Event
9/6/2011
Yes
1
9/13/2011
Yes
2
9/20/2011
Yes
3 -
9/27/2011
Yes
4
10/4/2011
Yes
5
10/11/2011
No
10/18/2011
' Yes
6
10/25/2011
No
11/1/2011
Yes
7
11/8/2011
No
22
11/15/2011
Yes
8
11/22/2011
No
24
11/29/2011
Yes
9
12/6/2011
No
26
12/13/2011
Yes
10
12/20/2011
No
28
12/27/2011
No
29
1/3/2012
No
30
1/10/2012
Yes
11
1/17/2012
No
32
1/24/2012
Yes
12
1/31/2012
. No
34
2/7/2012
Yes
13
2/14/2012
No
36
2/21/2012
Yes
14
• 2/28/2012
No
38
Sample
Week
Sample
Event
#
3/6/2012
Yes
15
3/13/2012
Ye''s
Gulf
Beaches
16
3/20/2012
Yes
17
3/2712012
Yes
Gulf
Beaches
18
4/3/2012
Yes
19
4/10/2012
No
4/17/2012
. Yes
20
4/24/2012
No
5/1/2012
Yes
21' -
5/8/2012
Yes
22
5/15/2012
Yes
23
5/22/2012
Yes
24
5/29/2012
Yes
25
6/5/2012
Yes
26
6/12/2012
Yes
27
6/19/2012
Yes
28
6/26/2012
Yes
29
7/3/2012
Yes
30
7/10/2012
Yes
31
7/17/2012
Yes
32
7/24/21 012
Yes
- 33
7/31/2012
Yes
34
8/7/2012
Yes '
35
8/14/2012
Yes
36
8/21/2012
Yes
37 -
8/28/2012
Yes
38
EXELIBIT 3
Field Observation Form
{
Field Observation Form
This form may be changed to suit the needs of the Project Manager as long as all relevant data is
collected.
Date: Sampler's Name:
Beach Name: Station Numbers:
Time Samples Collected: Start: Finish:
Time Samples Delivered to Lab:
Site Conditions
Wind: Calm Slight Breeze Moderate Breeze Windy
Weather: Clear Partly Cloudy Overcast Rainy Drizzle_ Fog
Wind Direction: N NE E SE S SW W NW
Air Temperature: Water Temperature:
Rainfall: Weekly Accumulation in. Last 24 hours: in.
Tidal Stage: Flooding High Slack Ebbing _ _- -Low Slack
Water Surface: Calm Ripples Chop Swells
Water Color: Medium Brown
Dk. Brown. Red -Brown
Green -Brown Green Yellow -Brown Other
Sanell: Sewage Oily Fishy Rotten Egg None
Beach Debris: Dead Fish Dead Crabs Algae None
Other
General Comments:
ATTACHMENT 1
GLO CONTRACT No. 12-195-000-5475
REIMBURSEMENT FORM
.yr
•
Entity Name
Department
Adds
City, State Zip
Contact Name
Phone
Fax
GLO Contract #
INVOICE FOR BEACH WATC$ EXPENDITURES
Federal :IDM
Attachment B
Total Grant Amount
.Amount Billed This Woke
mount
Previously Billed
Amount
Remaining
-
_
Dates Samples Collected
Number of Samples Taken.
Cost Per Sample
Total
Subtotal
Additional Sampling Only
Bate Smnples Collected
Number of Samples Taken Cost Per Sample
Total.
Subtotal
Invoice Total'
Project Manager Signature
Date
ATTACHMENT C
GLO CONTRACT No. 12-195-000-5475
GENERAL AFFIRMATIONS
1
(
Attachment C
2 pages
GENERAL AFFIRMATIONS
Provider agrees without exception to the following affirmations -
1. The Provider has not given, offered to give, nor intends to give at anytime
hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with this
Contract.
2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the
Provider has not received compensation from the GLO for preparing any part of
this Contract.
3. Under Section 231.006, Family Code, the vendor or applicant certifies that the
individual or business entity named in this contract, bid, or application is not
ineligible to receive the specified grant, loan, or payment and acknowledges that
this contract may be terminated and payment may be withheld if this certification
As inaccurate. Any Provider subject to thio section must include names and. Social
Security numbers of each person with at least twenty-five percent (25%)
ownership in the business entity named in. this Contract: This information must
be provided prior to execution of any offer.
4. Provider certifies that the individual or business entity named in. this Contract: i)
has not been subjected to suspension, debarment, or similar ineligibility to receive
the specified contract as determined by any federal, state, or local governmental
entity; ii) is in compliance with the State of Texas statutes and rules relating to
procurement; and tit» is not listed on the federal government's terrorism watch list
as described in executive order 13224. Entities ineligible for federal procurement
are listed at http://www.epls.gov. Provider acknowledges That this contract may
be terminated and payment withheld if this certification is inaccurate.
5. Provider agrees that any payments due under this Contract will be applied towards
any debt, including, but not limited to, delinquent taxes and child support that is
owed to the State of Texas.
6. Provider certifies that they are in compliance with Texas Government Code, Title
6, Subtitle 13, Section 669.003, relating to contracting with the executive head of a
state agency. If this section applies, Provider will complete the following -
information in order for the bid to be evaluated:
Name of Former Executive:
Name of State Agency:
Date of Separation from State Agency:
Position with Provider:
Date of Employment with Provider.
7. Provider• agrees to comply with Texas Government Code, Title 10, Subtitle D,
Section 2155.4441, relating to the purchase of products produced in. the State of
Texas under service contracts,
1
Attachment C
2 pages
8. Provider understands that acceptance of funds under this Contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency,
to conduct an audit or investigation in connection with those funds. Provider
further agrees to cooperate fully with the State Auditor's Office, or its successor,
in conducting the audit or investigation, including providing all records requested.
Provider will ensure /Ilk this clause is included in any subcontract it awards.
9. Provider certifies that if it employs any former employee of the GLO, such
employee will perform no work in connection with this Contract during the
twelve (12) month period immediately following the employee's last date of
employment at the GLO.
10. The Provider shall not discriminate against any employee or applicant for
employment because of race, disability, color, religion, sex, age, or national
origin. The Provider shall take affirmative action to ensure that applicants are
employed and that employees are treated without regard to their race, color, sex,
religion, age, disability, or national origin. Such action shall include, but is not be
limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Provider agrees to post notices, which set forth the provisions of this non-
discrimination
ondiscrimination article, in conspicuous places available to employees or applicants
for employment. The Provider shall include the above provisions in all
subcontracts pertaining to the work.
11. Provider understands that the GLO does not tolerate any type of fraud. The
agency's policy is to promote consistent, legal, and ethical organizational
behavior by assigning responsibilities and providing guidelines to enforce
controls. Any violations of law; ° agency policies, or standards of ethical conduct
will be investigated, and appropriate actions will be taken. Providers are expected
to report any possible fraudulent or dishonest acts, waste, or abuse affecting any
transaction with the GLO to the,GLO's Internal Audit Director at 512.463.5338 or
tracey hall@glo.state.tx.us
Nom: Information, documentation, and other material in connection with this
Contract may be subject to public disclosure pursuant to the "Public
Information Act," Chapter 552 of the Texas Government Code.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
GLO CONTRACT No. 12-195-000-5475
FEDERAL ASSURANCES -- CONSTRUCTION / NON -CONSTRUCTION
air
Attachment i1
2 Pager
OMB Approval No. 0348-0042
ASSURANCES - CONSTRUCTION PROGRAMS
Public reporting burden for this coilectfon of information is estimated to average 15 minutes per response, including time for reviewing
instructions, seaming existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DG 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, !certify that the applicant
1. Has the legal authority to apply For Federal assistance,
and the instiluttonat, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project costs) to ensure proper planning,
management and completion of the project described In
this application.
2. W1 give the awarding agency, the Comptroller General
of the United States and, If appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the assistance; and will establish
a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.
3. Will not dispose of, modify the use of, or change the
terms of the real property title, or other interest in the
site and facilities without permission and instructions
from the awarding agency. Will record the Federal
interest In the title of real property in accordance with
awarding agency directives and will include a covenant
in the title of real property aqulred In whole or in part
with Federal assistance funds to assure non-
discrimination during the useful life of the project'
4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting. review and
approval of construction plans and specifications.
5. Will provide and maintain competent and adequate
engineering supervision at the constriction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progress reports and such other information as may be
required by the assistance awarding agency or State.
6. Will inliiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
7. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded
under one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 G.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
profits the use of lead-based paint in construction or
rehabfitiation of residence structures.
10. W111 comply with ail Federal statutes relating to non-
discrimination. These Include but am not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-852)
which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.G. §§1681-
1683, and 1685-1686). which prohibits discrimination
on the basis of sex (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.G.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-8 and 290 ee-
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.j, as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (1) any other
nondiscrimination provisions In the specific statute(s)
under which application for Federal assistance Is being
made; and. p the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Previous Edition Usable Authorized for Local Reproducfior
Standard Form 42413 (Rev.7- 7)
Prescribed by OMB Circular A-102
I(
11.
12
Will comply, or has already compiled, with the
requirements of Titles 11 and 111 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (RL 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is
acquired as a result of Federal and ' federally -assisted
programs. These requirements apply to ail Interests in real
property acquired . for project purposes regardless of
Federal participation In purchases.
Will comply with the provisions of the Hatch Act (5 U.S.C.
§§1501-15138 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable,with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safely Standards Act (40 U.S.C. §§327-
333) regarding labor standards for federally -assisted
construction subagreements.
14. Will comply with flood insurance purchase requirements of
Section 102(a) of the Flood Disaster Protection Act of 1973
(P.L 93-234) which requires recipients in a special flood
hazard area to participate in the program and to purchase
flood insurance If the total cost of insurable construction
and acquisition is $10,000 or more.
15. Will comply with environmental standards which may be
prescribed pursuant to the following; (a) institution of
environmental quality control measures under the
Attachment D
2 Pages
National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (80) 11514; (b) notification
of violating facilities pursuant to SO 11738; (o)
protection of wetlands pursuant to EO 11990 (d)
evaluation of flood hazards in tloodplafns in accordance
with EO 11988; (0) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (1) conformity of
Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Crean Air Act of
1955, as amended (42 U.S.G §§7401 et seq.); (g)
protection of underground sources of .drinking water
under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
endangered species under the Endangered Species Act
of 1973, as amended (P.L. 93-21}5).
16. Wilt comply with tie Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
17. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (1 6 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C, §§469a-1 et seq.).
18. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audi
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Nori-Profit
Organizations."
19. Will comply with all applicable requirements of al other
Federal laws, executive orders, regulations, and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
APPLICANT ORGANIZATION
DATE SUBMITTED
6F -424D (Rev. 7-97) Back
s:�aupAriaN wuos46) ktaa,1,404Gdsern.r:eaavws•Pots,EINV0satltl�Y94u0Jr72VtU`rfuiiti.9F2t „+.rt avm"f iiag la26.l:suc.A.A idm •.«w,.a aityiFii'tkBStk'gazjj `Sktti&la.anuiaii,ecNIM
g. will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 (LS.C. §276c and 16 U.B.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally -assisted
oonstruction subagreements.
10. Witt comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a spacial food hazard area to parilcipate in the
program and to purchase food Insurance if the total cost of
Insurable construction and acquisition is $10,000 or more.
Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
envlrenmental quality control measures under the National
Environmental Policy Act of 1969 (RL 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floadplatns in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coaster Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (1) conformity of
Federar actions fo State (Clean Air) implementation Plans
under Section 176(o) of the Clean Air Act of 1955, as
amended (42. U.S.C. §§7401 et seq,); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
11.
Attachment D
2 ?ages
12. Will comply with the Wild and Scenic Rivers Mt of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Wlil assist the awarding agency In assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C: §470), EO 11593
(ideniitication and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved In research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 el
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead-based Pafnl Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint In construction or
rehabilitation of residence structures.
17. WIIJ cause to be performed the required financial and
compliance audits In accordance with the Single Audit
Act Amendments of 1996 and OM8 Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
16. WiII comply wlth all applicable requirements of all other
Federal laws, executive orders, regulations, and polides
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TiTLE
APPLICANT ORGANIZATION
DATE SUBMIT I eD
Standard Fomi 4248 (Rev. 7-97) Hack
ATTACHMENT E
CLQ CONTRACT No. 12-195000-5475
FEDERAL CER'rII4ICATIONS
US DEP u TN. ENT OF COERCE FORM CD -51.2 (12-04) "CERTIFICATIONS ._
REGARDING LOBBYING -- LOWER TIt CO'VERI D TRANSACTIONS
rtiAY�SL'E�ib�lvasaissae:.ua.,.,...xarxrewa..�r�q�sc:ua,uewoeay.'+-"..u:= tP1tSY�it56�i5:4n3�_:.x�a.�:ySra_ax:P�3'�,�G'.L^.f�,itkH.u��3a: LS���tt+1+'K1i
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Attachment D
2 Pages
OMB Approval No. 0348-0040
Public reporting burden for this collection of information is estimatedto average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information, Send comments regarding the burden estimate or any other aspect of this collection of information, Including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET..
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE:. Certain of these assurances may not be applicable to your project or program. if you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances, If such
is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and wlfl establlsh a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Wilt establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain. t.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
6. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.O. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes ar regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Tile Vi of the Civil Rights Act of 1904 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1666), which prohibits discrimination on
the basis of sex (c) Section 504 of the Rehabilitation
Previous Edition Usable
l� I
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6t01-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (1) the Comprehensive Alcohol Abuse and
Alcohorsm Prevention, Treatment- and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title V1I1 of the
Civil Rights Act of 19613 (42 U.S.C. §§3801 et seq.), as
amended, relating to nondiscrimination in the sale,
rental ar financing of housing; (i) any other
nondiscrimination provisions in the specific stalute(s)
under which application for Federal assistance is being
made; and, 1J) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
7. Will comply, or has already complied, with the
requirements of Tikes II and Ili of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L 91-643) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all Interests In real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.G. §§11501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Standard Form 4248 (itay. 7-57)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
Attachment E
3 Pa&es
FORM CD -512
(REV 1x-04)
CERTIFICATION REGARDING LOBBYING.
LOWER TIER COVERED TRANSACTIONS
U.S. DEPARTMENT OF COMMERCE
Applicants should review the instructions for certification included In the regulations before completing this form. Signature
on this form provides for compliance- with ceitification requirements under 15 CFR Part 28, New Restrictions on Lobbying."
LOBBYING
As required by Section 1352, Title 3i of the U.S. Code, and
implemented at 15 CFR Part 28, for persons entering Into a grant,
cooperative agreement or contract over $100,000 or a loan or loan
guarantee over $150,000 as defined at 15 CFR Part 28, Sections
28.105 and 28.110, the applicant certifies that to the best of his or her
knowledge and belief, that
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, b any person for influencing or
attempting to intluence an officer or employee of any agency, a
Member of Congress in connection with the awarding of any
Federal confrac the rnaking of any Federal grant, the making of.
any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modiflccation of any Federal contract, grant, loan, or cooperative,
agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for inffuencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
member of Congress in connection with this Federal contract, grant,
ban. or cooperative agreement, the undersigned shaft complete and
submit Standard Form -LLL. 'Disclosure Form to Report Lobbying,'
In accordance with ifs instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents foralf subawards at
all hers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subredpients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction apposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure occurring on or before
October 23, 1906, and of not Tess than $11,000 and not more
than $110,000 for each such failure occurring after October 23,
1996.
Statement for Loan Guarantees and Loan insurance
The undersigned states, to the best of his or her knowledge
and belief, that
In any funds have been paid or will be paid to any person for
influencing or attempting to Influence an officer or employee
of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in
connection with this commitment providing for the United
States to insure or guarantee a loan, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required state-
ment shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure occurring
on or before October 23, 1996, and of not Tess than $11,000
and not more than $110,000 for each such failure occurring
after October 23, 1996.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the
above applicable certification.
NAME OF APPLICANT
AWARD NUMBER AND/OR PROJECT NAME
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
DATE
DISCLOSURE.OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352
(See reverse for public burden disclosure.)
1, Type of Federal Action:
a. contract
b. grant
c. cooperative agreement.
d_ loan
e. loan guarantee
f_ loan Insurance
2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post -award
4. Name and Address of Reporting Entity:
❑ Prime Q Subawardee
Tier .,.ifknown:
wY.
Congressional District, if known: 4e
3. Report Type:
a. initial filing
b. material change
For Material Change Only:
year • quarter
date of Iasi report
�I
fe,o poo
Attachment E
3.Pages
Approved by OMB
0348-ao46
5. if Reporting Entity -in No. 4 is a Subawardee, Enter Narne
and Address of Prime:
Congressional District, if known:
. 6_ Federal -Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if
different from No. 10a)
(fast narrre, first name, Mt):
11. tarot/ramrequested through Ibis form is authorized by tl6n 31 (Lac. soot,'
1352 Tads lure of lobbying act es la a material representation of fad
upon Mich refieaee Was pieced by the liar above Whon ills lrart,asUon v made
or entered Into. Ws clatJoeum le required prasu nt to 91 U.S.C. 1352. This
infeana lon 101 he amiable for public inspecrom. Myperawr who- hula to Ma the
requked dis 10 ire shed be subject los dvf penalty or not lase then $10,000 and
nal more than $1O0,03Ct I k each sudr (aim.
Signature:
Print Name:
Title:
Telephone No.:
Date:
I
Authorized for Local RepraducUan
Standard Forel LLL (Rev. 7-97)
{
Attachment E
3 Pages
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
:his disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, ora material change to a previous Rling pursuant 10 title 31 U.S.C. section 1352. The filing of a form is required for each payment of agreementio make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an ofacer or emplayeso(
Congress. oran emptoyeeof a Memberof Congress in connection with a covered Federalaegon. Compleleall items that applyfor both fhe ini iatfiling and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
aIdentify the sta.ds of the covered Federal action.
3. identify the appmpriaiecfassificaion of this report 'If this is a folfowup report caused by a material change to the informafon previously reported,
the yearend quarter in which the change occurred. Enter the date of the test previeuslysubmfttedp h porteF, defer
action. report this repotting for this covered Federal
4. Enter the full name,address, oily. Stele and zip code of the reporting entity. lneted° Congressional District. if known. Check the appropriatestassigcatfon
of the reporting entity that designates if it is. or expects to be. a prime or subaward recipient. identify the tier of the subawardee,e.g., the lirsl subawardee
• of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgranfs and contract awards under grants.
5. If the organization filing the report in item 4 checks "Sobawardee,"then enter the furl name, address, city, State and zip code of the prime Federal
recipient: Include Congressional District, if known.
6_ Enterthe nameof the Federatagency making the award or loan commitment, include al least oneorgan;zaI(onallevef below agency name, if known. For
example. Department of Transportation, United States Coast Guard.
7. Enter the Federal programnanie or description for the covered Federal action (item 1). if known. enter the full Catalog of Federal Domestic Assistance
(CFDA) number forgrants, cooperative agreements. loans, and loan commitments.
R. Enter the most appropr{ate Federal identifying number available far the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;
invitation for Bid Fe) number; grant announcement number; the contract, grant, ar loan award number; the applicafioniproposat control number
assigned by the Federal agency), Include prefixes, e.g., "RFP -CE -911-01)1."
9. For a covered Federal aclon where there has been an award ar loan commitment by the Federal agency, enter the Federal amount of the awardfloan
commitment far the prime entity identified in item 4 or 5.
10, (a) Ener the full name, address, city, State and zip code of Rte lobbying registrant under the Lobbying DIsclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individuaf(s) perforating services, and include full address if different from 10 (a). Enter Las! Name, Firs( Name, and
Middle initial (Mf). •
11. The certifying ofticiat shalt sign and date the form, print hlsTer name, irtie, and telephone number.
According to the PaperworkReduciion Act, as amended, no persons are required to respond to a collection of information unless if displays a valid OMB Control
Number. The va#d OMB control number for this information collection is OMB No. 0348-0045. Public reporting burden for this collection of intormafion fs
estimated to average 10 minutes per response, lnduding time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed. and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, instating suggestions for reducing this burden, to the Office of tvfanagementand Budget, Paperwork Reduction Project (0348-0048), Washington,
DC
information,