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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. REMAINDER OF PAGE INT 1 ITIONALLY LEFT BLANK 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 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. REMANDER OF PAGE INTENTIONALLY LEFT BLANK 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. REMAINDER OF PAGE INTENTIONALLY LETT BLANK 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 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,