CLEAN VESSEL ACT GRANT PROGRAM - DEP AGREEMENT NO MV008FLORIDA DEPARTMENT OF ENVIRONMENTAL, PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
DEP Agreement No: MV008
For CVA 09-552
PROJECT AGREEMENT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth :Boulevard, Tallahassee, Florida 32399-3000
(hereinafter referred to as the "Department" or "DEP") and the CI"T"Y OF CLEARWATER, whose address is Clearwater
Municipal Marina, 25 Causeway Boulevard, Clearwater, Florida 33767, (hereinafter referred to as the "Grantee" or
"Recipient"), a local government, to conduct Clean Vessel Act Grant, CVA 09-552, City of Clearwater Municipal Marina,
approved under the Clean Vessel Act Grant Program (CFDA 15.616).
WHEREAS, the Department is the recipient of federal financial assistance from the Department of Interior, U.S.
Fish and Wildlifc Scrvicc; and,
WHEREAS, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal
financial assistance from the U.S. Fish and Wildlife Service.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
1. The Agreement shall be performed in accordance with Public Law 102-587, Subtitle F, the Clean Vessel Act of
1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85), which are hereby
incorporated by reference as if fully set forth herein.
2. The Grantee agrees to conduct the project known as the Clean Vessel Act Grant, CVA 09-552, City of Clearwater
Municipal Marina, in accordance with the terms and conditions set forth in this Agreement, the Scope of Work and
Conditions, provided as Attachment A, and all exhibits and attachments referenced herein and made a part hereof.
3. By executing this Agreement, the Department certifies that a site visit has been conducted by Department
personnel to verify and document that the project activities and location of the work described in Attachment A
meet the categorical exclusion criteria under the National Environmental Policy Act (NEPA) and that activities
conducted as a result of this Agreement will have no impact on any species listed in the NEPA criteria. The
Department will maintain the site visit documentation in its files in Tallahassee in accordance with the conditions
of the Department's source grant agreement with the U.S. Fish and Wildlife Service.
4. A. This Agreement shall become effective upon execution by both parties and shall remain in effect for a
period of five (5) years from the date of project completion for the reporting requirements as identified in
paragraph 7 of this Agreement. The Grantee must make project facilities available to the boating public
for a minimum of five (5) years after the completion date of the project established above. However, it is
understood and agreed that the Project shall be completed on or before December 15, 2011.
B. In the event of a change in ownership, the Grantee is required to notify the Department in writing of such
change no later than ten (10) days after the change in ownership occurs, and the Grantee is required to
notify the new owner of this Agreement, the obligation to continue maintenance and operations as well as
reporting for the remaining life of this Agreement prior to the change. The "Bill of Sale" or other official
document transferring ownership shall include these grant requirements. Any change in ownership will
require an amendment to this Agreement. Should the new owner refuse to assume the obligations as set
forth in this Agreement, the original Grantee shall reimburse the Department for the value of the
equipment as specified in 43 CFR, Part 12.72.
DE V Agreement No. MV008, Pace 1 of-9
A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $88,548 toward
all eligible costs associated with the Project as described in Attachment A, Scope of Work and
Conditions. Prior written approval from the Department's Grant Manager shall be required for changes
between approved budget categories of up to 10% of the total budget amount. The Department Grant
Manager will transmit a copy of the written approval and revised budget to the Department Procurement
Office and the Department Contracts Disbursements Office for inclusion in the Agreement file. Changes
greater than 10% will require a formal amendment to the Agreement. This Agreement may be amended
to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife
Service and/or the Florida Legislature.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance of a properly completed Attachment B, Grant Payment/Match Request Form, an
invoice, and supporting documentation. Supporting Documentation shall include an invoice on the
Grantee's letterhead clearly marked as invoice; an itemized listing (by category) of all expenditures
claimed, including the dates of service. Receipts and cancelled checks clearly reflecting the dates of
service and back-up documentation, including any subcontractor invoices if applicable, shall be available
upon request. The Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement. In accordance with Attachment C, Contract Payment Requirements,
the Grantee shall comply with the minimum requirements set forth therein. Invoices for the deliverables
described in Attachment A must explicitly reference the deliverables and the grant award amounts
associated with each deliverable. Partial payments of project costs are allowed under this Agreement.
The Grantee shall submit a final invoice to the Department no later than December 29, 2011, to assure the
availability of funds for final payment. The final invoice shall be accompanied by a completed and signed
Project Completion Form to be provided by the Department, an Operational Plan as described in the
Operations section of Attachment A of this Agreement, a copy of the operational log required under
Condition 8 of the Operations section of Attachment A, a photograph of the completed pumpout
installation as well as a photograph of the pumpout logo sign and informational sign. Upon approval and
payment of the final invoice, any funds remaining under this Agreement will be unencumbered. No
travel expenses are authorized under the terms of this Agreement.
C. The Grantee may also be required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. All bills
for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference°/o5F?';ruide and
allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part
74, at http:/./www.access.gho.};ov/nafa,'cfr/cf--table-searcli.litml and OMB Circulars A-87 (2 CFR 225),
A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB Circulars
A-102 and A-110 (2 CFR 215) at http://www.Nvhitehouse.gov/omb/circitlays/inde_x.html4numerical.
D. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more
than $2,500 and less than $100,000 and submit said quotes to the Department for review and approval of
the quote amount prior to the commencement of any work under this Agreement. Written quotes shall be
for items that are alike in function, operation and purpose. An explanation will be required whenever the
Grantee elects to use the vendor quoting other than the lowest price. The Department has the right to
reject all quotes and require additional documentation supporting the projected Project costs. The
Department shall make no reimbursement from grant funds until this documentation has been provided
and approved. Any purchase over $100,000 shall comply with the procurement requirements described
in 43 CFR 12.76.
E. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form
of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at
least 25% of the total amount actually expended on the Project. All cost sharing/match shall meet the
federal requirements established in 43 CFR, Part 12 and OMB Circulars A-87 (2 CFR 225), A-122 (2
CFR 230) and A-21 (2 CFR 220).
DEP Agreement No. MV008, Page 2 of9
Allowable costs will be determined in accordance with the cost principles applicable to the organization
incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by
reference.
. Organization Tye Applicable Cost Principles
State, local or Indian tribal government. OMB Circular A-87 (2 CFR 225)
Private non-profit organization other than (1) an OMB Circular.A-122 (2 CFR 230)
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
subject to that circular.
Education Institutions OMB Circular A-21 (2 CFR 220)
For-profit organization including an organization 48 CFR Part 31, Contract Cost Principles and
named in OMB A-122 as not subject to that Procedures, or uniform cost accounting standards
circular. that comply with cost principles acceptable.to the
federal agency.
Hospital 45 CFR Subtitle A - Appendix E to Part 74-
Principles for Determining Costs Applicable to
Research and Development Under Grants and
Contracts with Hospitals
The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations.
A. The Grantee shall submit progress reports on a quarterly basis until the Project completion date identified
in paragraph 4.A. Progress reports shall describe the work performed, problems encountered, problem
resolution, schedule updates and proposed work for the next reporting period. It is hereby understood and
agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June
30, September 30 and December 31. The Grantee shall utilize Attachment D, Progress Report Form,
for submitting its progress report. Reports shall be submitted to the Department's Grant Manager no later
than fifteen (15) days following the completion of the quarterly reporting period. The Department's Grant
Manager shall have thirty (30) calendar days to review deliverables submitted by the Grantee.
B. The Grantee shall submit quarterly, the gallons pumped, fees collected, vessels pumped, number of out of
state vessels, and maintenance costs. This information shall be submitted to the Department on the form
provided at: http://www.dep.state.(1.us/cleanmarina/CVA%duarterly Pfnnpout,hh», for a period of five
years following the Project completion date identified in paragraph 4.A. This form shall be submitted
quarterly to the Department's Grant Manager no later than fifteen (15) days following the last day of the
reporting quarter beginning with the quarter during which the completion of the construction or
installation of equipment occurred.
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or
the provisions of Section 768.28, Florida Statutes.
A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)
calendar days written notice.
C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow
public access to all documents, papers, letters, or other material made or received by the Grantee in
conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the
State Constitution and Section 119.07(1)(a), Florida Statutes.
DEF Agreement No. MV008, Page 3 of 9
D. This Agreement may be terminated by the Department if written confirmation is received from the
Grantee that the pumpout vessel or the pumpout equipment has been destroyed by an act of nature.
10. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or
State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the
following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after
termination of the Agreement are not allowable unless the Department expressly authorizes them in the
notice of suspension or termination. Other Grantee costs during suspension or after termination which
are necessary and not reasonably avoidable are allowable if the following apply.
The costs result from obligations which were properly incurred by the Grantee before the
effective date of suspension or termination, are not in anticipation of it, and in the case of
termination, are noncancellable.
The cost would be allowable if the Agreement were not suspended or expired normally at the
end of the funding period in which the termination takes place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
11. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives shall have
access to such records for audit purposes during the term of this Agreement and for five years following
Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly
require each subgrantee and subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record
retention period established above, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved and final action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five years
following final disposition.
12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable
provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part
hereof. Exhibit I to Attachment E summarizes the finding sources supporting the Agreement for
purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy
of Exhibit I must be provided to the Grantee for each amendment which authorizes a funding increase or
decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the
'Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the
updated information.
DEP Agreement No. MVOM Pagc 4 of-9
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further
apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the
type of financial assistance (federal and/or state) identified in Attachment .E, Exhibit I when making its
detennination. For federal financial assistance, the Grantee shall utilize the guidance provided under
OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents
that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled
"Checklist for Nonstate Organizations .Recipient/Subrecipient vs Vendor Determination" (form number
DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website.
https://apps.fldfs.com/fs_aa
The Grantee should confer with its chief financial officer, audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single
Audit Act Reporting, Attachment F, attached hereto and made a part hereof, within four (4) months
following the end of the Grantee's fiscal year. Attachment F should be submitted to the Department's
Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93,
Tallahassee, Florida 32399-3000. The Grants Development and Review Manager is available to answer
any questions at (850) 245-2361.
13. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work
elements included in any subcontract and agrees to be responsible for the payment of all monies due
under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable
to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of
minority owned firms that could be offered subcontracting opportunities may be obtained by contacting
the Office of Supplier Diversity at (850) 487-0915.
C. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in
any third party without the mutual written agreement of the parties hereto.
D. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of
the Department.
14. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of
the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. The Grantee shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients certify accordingly.
C. 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 imposed 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.
DLY Agreement No. MV008, Page 5 ol'9
D. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this
Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state
and local health and safety rules and regulations. The Grantee further agrees to include this provision in all
subcontracts issued as a result of this Agreement.
16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this
Agreement is identified below.
Brenda Leonard
Florida Department of Environmental Protection
Office of Sustainable Initiatives
3900 Commonwealth Boulevard, MS430
Tallahassee, Florida 32399-3000
Telephone No.: (850) 245-2847
Fax No.: (850) 245-2159
E-mail Address: Brenda.leonard aide .state.fl.us
17. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this
Agreement is identified below. The Department must be notified in writing of any change in this information
within thirty (30) days.
Catherine Yellin
City of Clearwater
25 Causeway Boulevard
Clearwater, Florida 33767
Telephone No.: (727) 462-6954 ext. 29
Fax No.: (727) 462-6957
E-mail Address: Catherine. ellin um 'clearwater.cotn
18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life
of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the suhcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees
not otherwise protected.
19. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under
Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants
and agents while acting within the scope of their employment with the Grantee.
20. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in
any manner or degree with the performance of services required.
21. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non-expendable
personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign
Attachment G, Property Reporting Form, DEP 55-212, and forward it along with the appropriate invoice to the
Department's Grant Manager. The following terms shall apply:
DEP Agreement No. MV008, Page 6 of 9
A. The Grantee shall have use of the non-expendable personal property or equipment for the authorized
purposes of the contractual arrangement as long as the required work is being performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the non-
expendable personal property or equipment in good operating condition.
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the
use of, non-expendable personal property or equipment purchased with state funds and held in his
possession for use in a contractual arrangement with the Department.
22. A. The Department may at any time, by written order designated to be a change order, make any change in
the work within the general scope of this Agreement (e.g., specifications, task timelines within current
authorized Agreement period, method or manner of performance, requirements, etc.). All change orders
are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an
increase or decrease in the Grantee's cost or time, or a change in ownership shall require formal
amendment to this Agreement, and will not be eligible for processing through the change order
procedures described above.
B. In the event of a change in the Grant manager for the Grantee or for the Department, each party will
notify the other party in writing of such change within thirty (30) days after the change becomes
effective. The notice shall be sent from the Grantee's representative authorized to execute agreements to
the Department's Grant Manager. The Department's Grant Manager will transmit a copy of such change
to the Department's Procurement Office and the Contract Disbursement Office for inclusion in the
Agreement file.
23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor,
or consultant under contract with any public entity, and may not transact business with any public entity.
The Florida Department of Management Services is responsible for maintaining the discriminatory
vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850)
487-0915.
24. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400), the Grantee certifies that
neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the
Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the
U.S. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective participant shall attach an explanation to this
Agreement. The Grantee shall include the language of this section in all subcontracts or lower tier agreements
executed to support the Grantee's work under this Agreement.
25. The U.S. Fish and Wildlife Service and the Department, reserve a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant.
B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant
support.
DEP Agreement No. MV008, Page 7 of 9
26. Land acquisition is not authorized under the terms of this Agreement.
27. A 3 x 4 foot sign of the International Pumpout Symbol shall be placed on a dock or on land, facing the waterway
and easily visible to the boaters. Sign specifications can be found at the following link:
http_/.!wsfrnrogranas.fws-,gov_/Subna„es/ToolkitHiles/fasYmb.udf. In addition, informational signage stating fees,
hours of operation, instructions, and operator name and telephone number shall be posted in a clearly visible
location. The sign shall have posted emergency phone numbers for reporting service problems and shall include
the following statement:
"Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of
Environmental Protection."
28. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained
in Attachment H, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee
acknowledges that the applicable regulations listed in Attachment 1, Regulations, attached hereto and made a part
hereof, shall apply to this Agreement.
29. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly
signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided
herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV008, Page 8 (A9
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF CLEARWATER
By: ?-
Signature of Person Authorized to Sign*
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
r ,
By: I
Director, O ice of Sustainable Initiatives
William B. Horne TI
Print Name and Title of Authorized Person
City Manager
Date. LA 1 O ??? +SGMlapj ?
FEID No.59-6000289 rn
ATTEST:
nthia E. Goudeau, city j??e. ???
Countersigned:
?A-,I
Fra . Hillard, Mayor
Ap ro ed a tdform:
Date: b?
Brenda Leonard, DEP Grant Manager
DEP Contracts Administrator
A proved as to fo m and legality:
DEP ttorney 11??
*Hrl reeiYieRRVith J6*9@91 W-Xs/& iR9i9Ks: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental
board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
'T'ype Number Description (include number of pages)
Attachment A Sco e of Work and Conditions 3 Paves
Attachment B Grant Pa ment/Match Request Form 1 Page)
Attachment C Contract Payment Requirements (I Page)
Attachment D Progress Report Form (2 -Pages)
^
Attachment E S ecial Audit Re irements 5 Pages
Attachment F Certification of Applicability to Single Audit Act Reporting 3 Pages)
Attachment G Property Reporting Form 0 Page)
Attachment H Contract Provisions (3 Pages)
Attachment I Regulations (1 Page)
DE P Agreement No. M V008, Page 9 of 9
ATTACHMENT A
Clean Vessel Act Grant Program
Scope of Work and Conditions
INSTALLATION OF PUMPOUT STATION
PURPOSE
The purpose of the Clean Vessel Act Grant Program is to establish or restore pumpout facilities that are operational
and accessible to the general boating public for the useful life of the facilities. The purpose of these conditions is to
ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Agreement
period, including the five (5) year period extending beyond the date of equipment installation or construction
completion. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds.
This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the
Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award
in an amount not to exceed $88,548 and the Grantee agrees to undertake the project as described and submitted by
the Grantee in the Grant Application, CVA 09-552, and provide a minimum 25% non-federal matching funds. The
project is located at 25 Causeway Boulevard, Clearwater, Florida 33767.
CONDITIONS
Reimbursement for Project Installation
1. The Grantee shall obtain all required permits and approvals prior to commencement of the project. A grant
award is not an indication of permitability of a project. A Permit Certification Form, supplied by the
Department, shall be sent to and be on file with the Department before invoices will be processed for
payment.
2. Match documentation shall be provided in accordance with instructions and on Attachment B, Grant
Payment/Match Request Form. Any credit for the match by the Grantee shall be based on forms completed
and documented to the satisfaction of the Department.
3. Grantee invoices will be processed by the Department in an expeditious manner upon approval of all
required documents as outlined in Paragraphs 5.B. through 5.E. of this Agreement. The Department shall
have thirty (30) days to review and approve all invoices and reports. Upon review and approval of each
Grant Payment/Match Request Form and Progress Report Form, the Department will process the request
for payment.
4. The final request shall be accompanied by a completed and signed Project Completion Form to be provided
by the Department, a copy of the Operational Plan as described in Condition I of the Operations section of
this Attachment, a copy of the operational log required under Condition 8 of the Operations section of this
Attachment, and photographs of the completed project.
Operations
1. The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations under an
operational Plan that specifies hours of operation, maintenance principles, methods in determining volume
of material pumped including the use of flow meters as may be necessary, informational/educational
materials on pumpout operation and assurances that the pumpout facility, pumpout vessel, or dump station
will be used solely for the collection of recreational boat sewage. Pumpout vessels are to be used solely for
the collection and hauling of recreational boat sewage. This plan will be submitted with the certification of
project construction completion.
DEP Agreement No. MV008, Attachment A, Page 1 of 3
2. Each pumpout facility or dump station funded under this Agreement shall be open and available to the
recreational boating public. Each pumpout facility, pumpout vessel, or dump station shall be operated,
maintained, and continue to be reasonably accessible to all recreational vessels for the full five year period
as described and set forth in Paragraph 4.A, of this Agreement.
3. The Grantee will provide marine sanitation and pumpout information for boat owners and training for
pumpout operators. These services may be provided through such methods as informational materials, on
site instruction or audio-visual methods by the marina owner/operator, equipment vendors, harbormaster
or local government personnel.
4. The location of each pumpout facility, pumpout vessel, or dump station will be continually identified
through informational markers using the International Pumpout Symbol on a sign of at least three feet by
four feet Q x 4') in size. All informational markers located on the waters of the state shall be with prior
approval of the Florida Fish and Wildlife, Conservation Commission as required by permitting procedures
established by Florida Statutes and the Florida Administrative Code.
5. Informational placards stating fees, hours of operations, instructions, and operator name and telephone
number shall be posted in a clearly visible location on the station housing. The placard shall have posted
emergency phone numbers for reporting service problems and shall include the following statement:
Funded in part by the U. S. Fish and Wildlife Service, Clean Vessel Act, through the Florida
Department of Environmental Protection.
6. Pumpout facilities will be designed and operated in accordance with state and local health regulations.
7. Pumpout facilities, pumpout vessels, or dump station services will be provided free of charge or for a fee
not to exceed $5 per vessel. Fees greater than $5 require prior written approval by the Department of an
itemized operational cost justification. Fee accounting will be provided with the quarterly log described
below. If fees are collected, such proceeds shall be retained, accounted for, and used by the operator
exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials.
8. The pumpout facility operator shall maintain an operational log to be submitted to the Department the first
day of each calendar quarter beginning with the quarter during which completion of construction or
installation of equipment occurred. The log shall document use of the equipment by number of pumpout
services events, gallons purnped, fees charged, and maintenance, labor, or other operational costs incurred.
Volume of sewage handled must be determined as described in the approved operational plan. Costs may
be estimated unless grcater than $5 fees are charged. Collections of hither fees require detailed accounting
of operational costs through a method included in and approved with the operational plan.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV008, Attachment A, Page 2 of 3
TASKS/DELI VERABLES
The following is a schedule of tasks/deliverables and budget amounts for the completion of those tasks. Prior written
approval from the Department's Grant Manager shall be required for task amount changes between approved tasks
that do not exceed up to 10% of the total budget amount. The Department Grant Manager will transmit a copy of the
written approval and revised budget to the Department Procurement Office and the Department Contracts
Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal
amendment to the Agreement. No reimbursement will be made that exceeds the grant award amount. An increase in
funding or date extension will require a formal written amendment to the project agreement. The grant award
amount to be provided by the Department is based on the amount recommended and approved by the Department for
this specific project. The dollars expended or in-kind effort by a third party on behalf of the Grantee shall be at least
25% of the total amount actually expended on the project. If third parry match will be claimed, the Grantee must
submit a letter from the third party that identifies the match source and submit it to the Department for prior
approval.
Order of Tasks/Deliverables and Amounts
Tasks Detail/Deliverables Total Project Amount
100%
Permitting State and local permits required for installation $2,000.00
of a ui ment.
Construction Materials and Labor required to prepare site for $18,000.00
e ui ment.
Renovation Materials and Labor necessary to restore $0.00
um out equipment.
Equipment Purchase Pumpout or waste receptacle equipment and $64,500.00
delivery.
Equipment Installation Plumbing, electrical, supplies, and labor. $32,064.00
Operations Costs associated with operating pumpout $0.00
equipment.
Maintenance and Repair Necessary preventive maintenance and repair $0.00
of equipment including arts and labor.
Sewage Hauling Costs associated with hauling sewage to
ermitted wastewater treatment facility. $0.00
Pumpout Signage Operation instruction, information and $1,000.00
um out logo signs, as required,
Education and Instructional Copies of Brochures or handout information $500.00
Materials about the Clean Vessel Act and the equipment
available for public use.
Total Project Amount 100% $118,064.00
Total Grant Award Amount 75% $88,548.00
Total Match Amount 25% $29,516.00
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV008, Attachment A, Page 3 of 3
ATTACHMENT B
GRANT PAYMENT/MATCH REQUEST
City of Clearwater Municipal Marina MV008 CVA 09-552
DEP Program: Clean Vessel Act Grant Program
If Department payment is being requested, an invoice on your letterhead must accompany this form.
TOTAL PROJECT
(100%) of costs
Permitting $
Construction
Renovation N/A
Equipment Purchase
Equipment Installation
Operations N/A
Maintenance and Repair N/A
Sewage Hauling N/A
Pumpout Signage
Education and Instructional
Materials
TOTAL PROJECT $
25% Grantee match $
75% reimbursable to Grantee $
I attest that documentation has been and will be maintained as required by this Agreement to support the amounts
reported above and is available for audit upon request. I attest that all expenditures prior to this request have been
made and are true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project
Agreement No. MV008. I further attest, that (name of the marina or entity) has complied with the terms and
conditions of this Agreement.
Grantee's Project Manager
Date
DEP 55-210 (5/09)
DEP Agreement No. M.V008, Attachment B, Page 1 of 1
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means. N/A under this Agreement.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable. N/A under this Agreement.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown. N/A under this Agreement.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: hLtp.//w•ww.fldf,,,coiiiT'aadir/refei-eiice-guide.htm
DEP 55-219 (05/2008)
DEP Agreement No. MV008, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: MV008
Grantee Name:
Grantee Address:
Grantee's Grant Manager: Telephone No.:
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date.
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., copies of permits, photographs, etc.)
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
MV008 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. MV008, Attachment D, Page I of I
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the conlract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the conlract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART 1: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/efda/efda.htrnl.
DEP 55-215 (03/09
DEP Agreement No. M V008, Attachment E, Page I of 5
PART Il: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at ltttp://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/, Department of Financial Services' Website at http://www.tldfs.coin/ and the
Auditor General's Website at htto://www.state.fl.us/audaeti.
PART III. OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of'that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes- In such an event, the State awarding agency must
arrange for funding the fill cost of such additional audits.)
PART 1V: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (03/09
DEP Agreement No. MV008, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System and can be
found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09
DEP Agreement No. MV008, Attachment E, Page 3 of 5
Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of S years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09
DEP Agreement No. MV008, Attachment E, Page 4 of 5
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ATTACHMENT F
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee's Fiscal Year Period: FROM: TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Please identify grants to be included in the Single Audit that are provided by the Department of
Environmental Protection
CSFA# CFDA#
DEP GRANT AGREEMENT NUMBER
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct:
Name
Title
Date
DEP Agreement No. MV008, Attachment F, Page 1 of 3
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO
Month/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP.
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP.
Please identify grants to be included in the Single Audit that are provided by the
Department of Environmental Protection.
CSFA/CFDA Number DEP Grant Agreement Number
THIS INFORMATION SHOULD ONLY BE THOSE GRANTS RECEIVED
FROM/THROUGH THE DEP. THE INFORMATION REQUESTED (CSFA/CFDA#
SHOULD BE FOUND IN THE SINGLE AUDIT ATTACHMENT TO THE
AGREEMENT AND THE DEP AGREEMENT NUMBER SHOULD BE FOUND ON
THE AGREEMENT.)
The Certification should be signed by your Chief Financial Officer. Please print the name and
include the title and date of the signature.
DEP Agreement No. MV008, Attachment F, Page 2 of 3
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411.
2. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system. This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit, only the Certification form.
3. Question: Do you only want what we received from DEP?
Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the form.
4. Question: How do I know what the CSFA/CFDA Number is?
Answer: These numbers should be identified in the grant agreement. If you cannot
locate them you should call your grant manager and ask them for the needed information.
If it is a grant funded by DEP, you may contact Debbie Skelton, DEP Grants
Development and Review Manager at (850) 245-2371.
5. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is
fine.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer: Yes, just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2" d notice.
DEP Agreement No. MV008, Attachment F, Page 3 of 3
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ATTACHMENT H
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
52500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No. MV008, Attachment H, Page 1 of 3
6_ Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and
subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P,L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
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; (g) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles 11 and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 - 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Agreement No. MV008, Attachment H, Page 2 of 3
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by
Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug-Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003, 68 FR 66534), which require that the recipient take steps to provide a drug-free workplace.
22. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this Agreement should be American-made.
21 Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV008, Attachment H, Page 3 of 3
ATTACHMENT I
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work performed under this Agreement.
General
43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOI
Grants and Other Federal Assistance
43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative
agreements to state. and local governments
43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
43 C.F.R. 18 New restrictions on lobbying
43 C.F.R. 43 Government wide requirements for drug-free workplace
Other Federal Regulations
2 C.F.R. 1400 Sus pension and Debarment
48 C.F.R. 31 Contract Cost Principles and Procedures
Office of Management and Budget Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87 (2 CFR 225 Cost Principles for State, Local, and Indian Tribal Governments
A-122 (2 CFR
230) Cost Principles for Non-Profit Organizations
A-133 Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV008, Attachment 1, Page 1 of I
ATTACHMENT I
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work performed under this Agreement.
General
43 C.F.R. 17 Nondiscrimination in federal) assisted programs of the DOI
Grants and Other Federal Assistance
43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative
agreements to state and local governments
43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
43 C.F.R. 18 New restrictions on lobbyin
43 C.F.R. 43 Government wide requirements for drug-free workplace
Other Federal Regulations
2 C.F.R. 1400 Suspension and Debarment
48 C.F.R. 31 Contract Cost Princi les and Procedures
Office of Management and Budget Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments
A-122 (2 CFR
230) Cost Principles for Non-Profit Organizations
A-133 Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV008, Attachment 1, Page 1 of 1