CLEAN VESSEL ACT GRANT PROGRAM - MV051FLORIDA DEPARTMENT Ok' ENYIRONMENTAL PROTECTi3ON
CLEAN VESSEL ACT GRANT PROGRAM
DEP Agreament No: MVO51
For CVA 11-614
PROJECT AGREEMENT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, xallahassea, Florida 32399-3000
(hereinafter referred to as the "Department" or "DEP") and the CTTY OF CLEARWATER, whose address is 25 Causeway
Boulevard, Clearwater, Florida 33767 (hereinafter referred to as the "Grantee" or "Recipient"), a Local Government, to
conduct Clean Vessel Act Grant; City of Clearwater CVA 11-614 approved under the Clean Vessel Act Grant Program
(CFDA 15.616).
WHEREAS, the Departm.ent is the recipient of federal financial assistance from the Department oi Interior, U.S.
Pish and Wildlife Service; 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, THER�FORE, in consideration of the premises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
X. The Agreement shall be performed in accordance with Public Law 102-5$7, 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. 7'he Grantee agrees to conduct the project knowta as the Clean Vessel Act Grant; City of Clearwater CVA 11-614,
in accordance with the terms and conditions set forth in this Agreement, the 5cope 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 thc Dcpartment's source �rant agreement with the iJ.S. Fish and Wildlife Service.
4. A. This Agreement shall become effective upot� 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 identiiied 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 ]anuary 1, 2012.
B. 1n 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 reznaining life of this Agreement prior to the change. The "Bill of Sale" or ather o�cial
document transferring ownership shall include these grant requirements. Any change in ownershap 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.
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 reitnbursement basis an amount not to exceed $81,524.25
toward all eligible costs associated with the Project as described in Attachment A, Scope of Work and
DEP A.greement No. MVOS l, Page 1 of 9
Conditions. Prior written approval from the Dapartment's Grant Manager shall be required for changes
in task budgets between approved budget categories of up to 10% of the total budget amount for the t�sk.
The DEP Grant Manager will transmit a copy of the written approval and revised task budget to the DEP
Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement %le.
Changes greater than 10% will require a formal amendment to the Agt'eement. 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 tha 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. 5upporting 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
servica and back-up documentation, including any subcontractor invoices if applicable, sha11 be available
upon request. The Chief Financial O�cer 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. lnvoices for the deliverables
described in Attachment A must explicitly reference the deliverables and the grant award amounts
associated with each deliverable. Periodic payments of project costs are allowed under tk�is Agreement
but must be tied to the submittal of a deliverable. The Grantee shall submit a final invaice to the
Department no later than ]aztuary 15, 2012, to assure the availability of funds for final paymant. The final
invoice shall be accompanied by a completed and signed Project Completion Form to b� 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. Each payment request submitted shall document all matching
funds and/or match efforts (i.e. in-kind services) provided during the period covered by each request. The
final payment will not be processed until the match requirement has been met.) 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, rndirect, general administrative costs, and fringe benefits) if applicable. All bills
for amounts due under this Agreement shall be submitted in detail suffcient for a proper pre-audit and
post-audit thereo£ State guidelines for allowable costs can be Found in the Department of Financial
Services' Reference Guide for State Expenditures at htt ://www.fldfs.com/aadir/reference%SF uide and
allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part
74, at htt ://www.access. o. ov/nara/cfr/cfr-table-search.html and OMB Circulars A-87 (2 CFR 22S),
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.whitehouse.gov/omb/circulars/index.html#numerical.
D. The Grantee shall obtain at least two 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 elacts to use the vendor quoting other than the lowest price. The Department has che 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 aver $100,000 shall comply with the procurament requirements described
in 43 CFR 12.76.
E. The paRies hereto understand and agree that this Agreement requires a cost sharing or match in the form
of cash or Chird 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 CPR 220).
DEP Agreement No_ MVO51, Page 2 of 9
F. 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.
Or anization T e A licable Cost Princi les
State, local or Indian tribal overnment. OMB Citcular A-$7 2 CFR 225
Private non-proft 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
sub�ect to that circular.
Education lnstitutions 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 a enc .
Hospital 45 CFR Subtitle A- Appendix E to Part 74-
Principles for Deterrnining Costs Applicable to
Research and Development Under Grants and
Contracts with Hos itals
Tha State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
approp'riation by the Legislatura. The parties hereto understand that this Agreerraent is not a commitment pf 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 Deparitnent's Grant Manager na 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 submittad by the Grantee.
B. The Grantee shall submit quarterly, the gallons pumped, fees callected, vessels pumped, number of out of
state vessels, and maintenance costs. This information shall be submitted to the Department on the form
provided at: lt ://www.de .state.fl.us/cleanmarina/CVA/ uarterl um out.htxn for a period of �ve
years following the Project completion date identi�ed in paragraph 4.A. T'his form shall be submitted
quarterly to the Department's Cirant 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 salely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall canstitute a waiver by either pariy of its sovereign immunity or
the provisions of Section 768.2$, Plorida Statutes.
A. '1'he 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
opporlunity 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.
G. 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 5ection 24(a) of Article I of the
State Constitution and Section 119.07(1)(a), Florida Statutes.
DEP Agreement No. MVO51, 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 Grantae materially fails to comply with the terms and conditions of this Agreetnient, 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 paytnents pending correction of the deficieracy 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 suspensian or after
tertnination 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 terminatian, 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 ar 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 ta 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 properiy and equipment acquired with Federal funds shall be retained for five years
following fmal disposition.
12. A. In addition to the requiretxlents of the preceding paragraph, the Grantae shall comply with the applicable
provisions contained in Attachment E(Speeial Audit Requirements), attached hereto and made a part
hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for
purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy
of Exhibit l 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. MVO51, Page 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 AttacN►ment E, Exhibit 1 when making its
determination. Far federal financial assistance, the Grantee shall utilize the guidance provided under
OMB Circular A-133, Subpart S, 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 RecipiendSubrecipient vs Vendor D�termination" (form number
DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following websrte:
https://apps. fldfs.com/fsaa
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. ln addition, the Grantee agrees to complet� and submit the Certificatian 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 390Q 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 subcantract work under this Agreement without the prior written consent of the
Department's Grant Manager. The payment terms of subcontracts (other than construction and the
purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under
this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost
reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department within
ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work
elements included in any subcontract and agraes to be responsible far the payment of all monies due
under any subcontract. lt is understood and agreed by the Grantee that the Department shall not be lrable
to any subcontractor for any expenses or liabilities incurred undar the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. 7'he Department of Enviranmental 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 Offce 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 withaut the written approval of
the Department.
14. A. The Grantee certi�es 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 traaking 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 requira 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.
DEP Agreement No. MVO51, Page 5 of 9
C. This certif.tcation is a material representation of fact upon whicta 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.
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.
1 S. The Grantee shall comply with all applicable federal, state and local rules and regulatrons in performing under this
Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable fedaral, state
and local health and safety rules and regulations. 7'he 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 Froject Manager) for this
Agreement is identified below.
l7. The Grantee's Grant 1Vlanager (which may also b� referred to as the Grantee's Project Manager) for this
Agreement is identified below. The Department must be notiFed in writing of any change in this information
withrn thirty (30) days.
18. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain durir►g the IiFe
of this Agreement, Workers' Compensation Insurance for all of its emplayees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with
the Florida Workers' Gompensation law. ln 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 emplayees
not otherwise protected.
19
%I1a
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.
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.
DEP Agreement No. MVO51, Page b of 9
21. Upon satisfactory complation 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:
A. The Grantee shall have use of the non-expendable personal property or equipment for the authorized
purposes ofthe contractual arrangement as long as the required work is being performed.
$. 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, nan-exp�ndable personal property or equipment purchased with state funds and held in his
possession %r 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 requrre Formal
amendment to this Agreement, and will not be eligible for processing through the change order
procedures described above.
S. In the event of a change in the Grant Manager for the Grantee or for the Departtnent, each party will
natify the other party in writing of such change within thirty (30) days after the change becomes
efFective. The notice shall be sant 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 O�ce for inclusion in the
Agreement file.
23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disabiliry, shall be excluded
from participation in; be denied the proceeds or benetits of; or be otherwise subjected to discrimination
in per%rmance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
cantract 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 proparty to a public entity, may not award or perform work as a contra�tor, 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 intands to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Of�ce of Supplier Diversiry at (850)
4$7-0915.
24. A. The Grantee agrees that it will enroll and participate ira the federal E-Verify Prograrn for Employment
Verification under the terms provided in the "Memorandum of Understanding" governing the program.
The Grantee further agrees to provide to the Department, within thirty (30) days of the effective date of
this Agreement, documentation oF such enrallment in the form of a copy of the E-Verify "Edit Company
Profile" screen", which contains proof oF enrollment in the E-Verify Program (this page can be accessed
from the "Edit Company Profile" link on the left navigation menu of the E-Verify employer's homepage).
B. The Grantee further agrees that it will raquire each subcontractor that performs work under this
Agreement to enroll and participate in the E-Verify Program within ninety days of the effective date of
this Agreement or within ninety (90) days of the effective date of the conri'act between the Grantee and
the subcontractor, whichever is later. The Grantee shall obtain from the subcontractor(s) a copy of the
"Edit Company Profile" screen indicating enrollment in the E-Verify Program and make such record(s)
available to the Department upon request.
DEP Agreement No. MVO51, Page 7 of 9
C. The Grantee further agrees to maintain records of its participation and compliance with the provisions of
the E-Verify program, including participation by its subcontractors as provided above, and to make such
records available to the Department or other authorized state entity consistent with the terms. of the
Memorandum of Understanding.
D. Compliance with the terms of this �mployment Eli i� bility Verification provision is made an express
condition of this Agreement and the Department may treat a failure to comply as a material breach of the
Agreement.
25. In accardance 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 frotn 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.
26. 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 govemment 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.
27. Land acquisition is not authorized under the terms of this Agreement.
28. 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:
httn://wsfrproeraros.fws,�ov/Subpaees/ToolkitFiles/fa_s,ymb.pdf In addiCion, 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:
"Punded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of
Environnnental Protection."
29. 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 I, Regulations, attached hereto and made a part
hereof, shall apply to this Agreement.
30. If a court deems any provision of this Agreement void or unenforceable, that provision shall be enfarced only to
the extent that it is not in violation of law or is not otherwise unenforceable and all other provisians shall remain in
full force and effect.
31. 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.
DEP Agreement No_ MV051, Page 8 of 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CTTY OF CLEARWAT�R
See Attached Signature Page 9A
�ey:
*Signature of Person Authorized to Sign
Print Name and Title of Authorized �Person
Date
FEID No. 59-60002$9
STATE �F FLORIDA DEPARTMENT OF
ENViRONMENTAL PROTECTION
By: �
Director, Office of 5ustainabl Initiatives
Date: ) ( �
— — �..
Brenda Leonard, DEP Grant Manager
N.�������_�
�' U-'U'�C.,
DEP Contracts Administrator
Approved as to form and legality:
��� � �
DEP A orney
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental
boaxd/cornmission must accampany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
A Scope of Work and Conditions _(2 Pages) _
B Grant Payment/Match Request Form (1 Pa�e) ....__._
C C�ntract Pa�ment Requirements (1 Pa�e) . . _ . . .
D Progress Report Form�2 Pages) . __
E S�ecial Audit Requirements (5 Pages)
F Certification of Applicability to Sinele Audit Act Reportin (g 1 T'a�el
G Property Reporting Form (1 Pa�e)
H Contract Provisions (3 Pages) _ _ _
I Re ulations l Pa e
DEP Agreement No. MVO51, Fage 9 of 9
Countersigned:
_�� �� �
Frank V. Hib d
Mayor _
►� ..
Camila A. Soto
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
�.-�. ��
By:
William B. Horne II
City Manager
Attest:
City Clerk
�'I1
��OF THE C/��;�,�
�� �
��'� I � ��
-� r.
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Clean Vessel Act Grant Program
Scope of Wark and Conditions
PURCHASE OF PUMPOUT VESSEL
PURPOSE
The purpose af 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 iacilities. 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 equrpment 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 hasis, a grant award
in an amount not to exceed $81,524.25 and the Grantea agrees to undertake the project as described and submitted
by the Grantee in the Grant Application, CVA11-614, and provide a minimum 25% non-federal matching funds.
The project is located at 25 Causeway Boulevard, Clearwater, FL 33767.
CONDITIONS OF THE PROJECT AGREEMENT
Reimbursement for Project
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 Sita VisidPermit Verification Form, submitted
by the Department, shall 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
PaymendMatch 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 S.B. through S.E. of the Froject Agreement. The
Department shall have thirty (30) days to raview and approve all invoices and reports. Upon review and
approval of each Grant Payment/Match Request Form, the Department will process the request for
payment.
4. The final request shall be accompanied by a cotnpletad and signed Pumpout Project Certification of
Completion Form to be provided by the Department, a copy of the Pumpout Station Operational Plan, a
copy of the Pumpout Log, and photographs of the pumpout vessel.
Requirements for Project
Pumpout facilities will be designed and operated in accordance with state and local health regulations.
Each pumpout vessel funded under this Project Agreemept shall be available to the recreational
boating public. Each pumpout vessel shall be operated, maintained, and continue to be reasonably
accessible to all recreational vessels for the full itve year period as described and set forth in Paragraph
4.A. of the Project Agreement.
The Grantee will conduct operatians of the pumpout vessel under an Pumpout Station Operational
Flan that specifes hours of operation, maintenance principles, methods in determining volume of
material pumped including the use of flow meters as may be necessary, informationaUeducational
materials an pumpout operatian and assurances that the pumpout vessel will be used solely for the
DEP Agreement No. MVO51, Attachment A, Page 1 of 2
collection of r�creational boat sewage. This plan will be submitted with th� Pumpout Project
Certification of Completion.
4. Pumpout services will be provided free of charge or for a fee not to exceed $5.00 per vessel. Fees
greater than $5.00 requires prior written cost justification approval by the Department. Fee accounting
will be provided with the quarterly log described below. If fees are collected, such proceeds shall be
accounted for, and used by the operator exclusively to defray operation and maintenanca costs of the
pumpout equipment and associated materials.
5. The pumpout faciliry operator shall maintain a pumpout log to be submitted ta the Department the first
day of each calendar quarter beginning with the quarter during which completion of construction or
installation of eguipment occurred. The log shall document use of the equipment by number of
pumpout services events, gallons pumped, number of out of state vessels putnped, fees charged, and
maintenance, labor, or other operational costs incurred. Volume of sewage handled must be
determined as described in the approved operational plan.
T'he Grantee shall provide marine sanitation and pumpout information for boat owners and training for
pumpout operators. These services rnay be pravided through such methods as informational materials,
on site instruction or audio-visual methods by the marina owner/operator, equipment vendors,
harbormaster or local gavernment personnel.
TASKS/DELIVERABLES FOR PROJECT REIMBURSEMENT
The fallowing 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 amaunt. The DEP Grant Manager will transmit a copy of the
written approval and revised budget to the DEP Procurement Offrce and the DEP Contracts Disbursements Office
far inclusion in the Agreement �le. 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 projact 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 party 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.
1. Equipment Purchase: Purchase of pumpout vessel, sales tax, and delivery.
Deliverable: Copy of invoice and proof of payment; photo of delivered pumpout vessel.
Completion Date: After agraement execution and before project completion date of January 1, 2012.
Budget Detail by expense category: equipment
Order of Tasks/Deliverables and Amounts
Tasks DetaiUDeliverables Total �'roject Amount
100%
Equipznent Purchase Pumpaut vessel waste receptacle equipment $108,699.00
and delive .
Total Pro'ect Amount 100% �108,699.00
Total Grant Award Amount 7S% $81,524.25
Total Match Amount 25% $27,174.75
DEP Agreement No. MVD51, Attachment A, Page 2 of 2
ATTACHMENT S
GRANT PAYMENT/MATCH REQUEST
City of Clearwater MVO51 CVA 11-514
DEP Program: Clean Vessel Act Grant Program
If Department payment is being requested, an i�vaice on your letterhead must accompany this form.
TOTAL PROJECT
(100%) of costs
Permitting
COi1.SirilGtlpll
Renovation
Equipment Purchase
Equipment Installation
Operations
Maintenance and Repair
Sewage Hauling
Pumpout Signage
Education and Znstructional
Materials
TOTAL PROJECT
25% Grantee match
$N/A
.
\ ..
�.rn:
N/A
i►/k1
N/A
N/A
��n_
N/A
E�
E�
75% reimbursable to Grantee $
I attest that documentatian 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 Froject
Agreernent No. MVO51. i further attest that City of Clearwater has complied with the terms and conditions of this
Agreement.
Grantee's Project Manager
DEP 55-240 (5/09)
DEF Agreement No. MVO51, Attachment B, Page 1 of 1
Date
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Cantracts
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
reirnbursement is being claizned 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 shaw 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 shoald be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract speci�cally states that
fringe benefits will be based on a speci�ed 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 requiremants 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-hause 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 Expenditur�s can be found at this
web address: htt ://www.fldfs.com/aadir/reference uide.htm
DEP 55-219 (OS/2008)
DEP Agreement No. MVO51, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP A reement No.: MVO51
Grantee Name:
Grantee Address:
Grantee's Grant Mana er: Tele hone No.:
Quarterl Re ortin Periad:
Pra'ect Nurnber and Title:
Provide a summary of praject accomplishments to datc.
Provide an update an the estimated time for completion of the project and an expla�ation
for any anticipated delays.
Identify below, and attach copies of, any relevant work praducts 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 r�quirements of DEP Agreement No.
MVO51 and accurately reflects the activities and casts associated with the subject project.
Signature of Grantee's Grant Manager
D�P Agreement No. MVO51, Attachment D, Page 1 of 1
Date
ATTACHM�NT E
SPEC�AL AUDiT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department'; "DEP'; "FDEP" or "Grantor'; or other name in the contract/agreement) to the recipient
(which may be referred !o as [he "Contractor'; Grantee" or other name in ihe contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONiTORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as de�ned 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
prucedurCS/processes denmed appropriate by the Department of Environmental Protection. In the event the
Department oF Environ►nental 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 O�cer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
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-specifc audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. �XHIBI'T 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provrsions of OMB Circular A-133,
as revised, will tneet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph l, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-] 33, as
revised.
If tha recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMS Circular A-133, as revised, is not required. In the event that the
recipient expends less than $SOp,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 htt�;//12.46.245.1.73/cfda/cfda.html.
DEP 55-215 (03/09)
DEP Agreement No. MVO51, Attachment E, Page I of 5
PART iI: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$SOQ,000 in any fiscal y�ar 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-pro�t
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. in
determining the state fnancial 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 requirennents.
In connection with the audit requirements addressed in Part II, paragraph l; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a�nancial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprafit and for-profit organixations), Rules of the Audicor
General.
If the recipient expends less than $50�,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the prov(sions of Section 215.97, Florida 5tatutes, 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 frotn the
recipient's resources obtained from other than State entities).
For informatian regarding the Florida Catalag of State Financial Assistance (CS�'A), a recipient should
access the Flo�ida Single Audit Act website located at https://apps.fldfs.com/f_s_aa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at
http://www.mvflorida.com/, Department of Financial Services' Website at littk�://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/aud�en.
PART III: OTHER AUD1T REQUIR�M�NTS
(NOTE.• Thzs parl would be used to spec� any adddtional audit reguirements imposed by the State awarding.entiry
that are solely a matter of that State awarding entrty's policy (i. e., the audit is not reguired by Federal ar State lcrws
and is not in conJlict with other FederaC or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financia! assistance that are rn addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awardrng agency must
arrange for funding ihe full cost of such additional audits.)
PART IV: REPORT SUBMISSIQN
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 revisad, by or on behalf of the recipient directlX to each of the following:
DEP 55-215 (03/09)
DEF Agteement No. MVO51, Attachment E, Page 2 of 5
A. The Department of �nvironmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3400 Commonwealth Soulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designatad in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), QMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Glearinghouse
Bureau of the Census
1201 East lOth 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 �'ederal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (�,
OMB Circular A-133, as revised.
2. Pursuant to Section .320(fl, OMS 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
Flarida Department of Environmental Protection
Offrce of the Inspector General, MS 40
3900 Comrnonwealth Boulevard
Tallahassee, Florida 32399-3000
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directiv to each of the following:
A. The Deparirnent of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Oi�ce of the Inspector Gen�ral, M5 40
3900 Commonwealth Soulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Oftice at the following address:
State af Florida Auditor General
Room 401, Claude Pepper Suilding
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE 1NTENTIONALLY LEFT BLANK
DEP 55-21 S (03/09)
DEP Agreement No. MVO51, 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 Depariment oFEnvironmental Protection at the follawing address:
Audit Director
Florida Department of Environmental Protection
Office of the Tnspector General, MS 40
3900 Commonwealth Soulevard
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 accardance with O1VTB
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.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
%r audits done in accor.dance 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 conespondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Of�cer, 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 1NTENTIONALLY LEFT BLANK
DEP 55-215 (03l09)
DEP Agreement No. MVO51, Attachment E, Page 4 of 5
EXHIBIT = 1
FUNDS AWARDED TO THE RECIPIENT PURSUAIVT TO THIS AGREEMENT CONSiST OF THE FOLL�WING:
Federal Resourres Awarded to the Reci ient Pursuant to this A reement Consist of the Fal[owin :
Federal State
Progam CFDA Appropriation
Number Federal A enc Number CFDA Title Fundin Amount Cate ory
Original U.S. Department ofthe 15.616 Clean Vessei Act Grant Pragram $81,524.25 140122
A eement Interior
State Resources Awarded to the Reci ie�t Pursuant Ea this A reement Consist of the Followin Matchi� Resources for Federa� Pro rams:
Federal State
Program Appropriation
Number Federai A enc CFDA CFDA Title Fundin Amount Cate o
State Resources Awarded to the Reci ient �ursuan! to this A reement Consist of the Followin Resaurces Sub'ect to Section 215.97, F.S.:
5tate CSFA Title State
Pragram State CSFA or A�propriation
Number Fundin Source Fiscal Year Number Fundin Source Descri tion Fundin Amount Cate a
Total Award $81,524.25
For each program identified abo�e, the recipient shal� comply with the program requirements described in the Cata�og of Federal Domestic Assistance (CFDA)
[http:ll12.46.245.1731cfda�cfda.html] andlor the Florida Catalog of State Financial Assistance {CSFA) [https:llapps.fldfs.comlfsaalsearchCataiog.aspx]. The
serviceslpurposes for which the funds are to be used are included in the Contract scope of serviceslwork. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55-21 S (03109)
DEP Agreement No. MVU51, Attachment E, Page 5 of 5
ATTACHMENT F
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee 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 cornpleted Fiscal Year:
$
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature
Print Name and Position Title
DEP Agreement No. MVO51, Attachment F, Page 1 of 3
Date
�NSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Gxantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THYS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) T�
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently campleted Fiscal Year:
NOTE: TH�S AMOUNT SHOULD SE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP.
$
Total Federal Financial Assistance Expended during Grantee's most recently c��pleted Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP.
�
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. MVO51, Attachment F, Page 2 of 3
CERTIF�CATIUN OF APPLICAB�LITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIQNS
1. Question: Do I complete and return this form vvhen I return my signed
Agreement/Amendment?
Answer: No, this form is to be completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes, you can fax the Certification form, the fax nurnber is 850/245-2411.
3. 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 frorn the infarmatian in your
accounting system. This is just to let our Offc� af the Inspector General knaw which
entities they should be getting an audit from. If you are urxder the threshold you do nat
have to submit a copy of your audit, only the Certification form.
4. Question: Do yau only want what we received irorn DEP?
Answer: No, the Single Audit is the TOTAL AMOiJNT of funds that yau expended
towards all state or federal grants that you receive. You should list those that are specific
ta DEP on the form.
5. Question: Da I have to submit the completed form and a copy o:� my audit?
Answer: Na, you do nat have to submit your audit unless yau aze over the threshold of
$500,000. If you wauld preFer ta submit your audit (CAFR) instead of the form, that is
fine.
6. Question: Our CAFR will not be ready before your due date a.�d we don't have the
infarmation necessary to complete the certificatian. Can we get an extension?
Answer: Yes, just send us an Email letting us knaw 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°a notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes, you can submit them by Email to Debbie.skelton�a7de�state.fl.us
DEP Agreement No. MVOS 1, Attachment F, Page 3 of 3
ATTACHMENT G
PROPERTY REPORTING FORM FOR DEP AGR��MENT NO. MV051
(Far Property With GranteejContracbor Assigned Pro{�erty Contro! �Eumbers]
GRANTEEJCONTRACTOR: List non-expendahle equipment/personal property* costing $2,OQD or more purchased under the above Contract. Atso list all upgrades* under �is contract, cosbng $I,040 or
mare, af property previously purchased under a DEP contract {identify ti3e property upgraded and the applicable DEP contract on a separate sheet). Complete the serial no.Jcost, location�address and
property controf number columns of this €orm. Tl�e Grantee�Contractor shall esta6fish a un'sque identifier for t�acking all personal property�equipment purchased under this Contract and shal! report the
in�entory of said property, on an an�ual basis, ta the Depar�enYs Project N�ar�ager, by DEP Contract number� no fater than 3anuary 31�` far each year this ConUact is in effect.
I� -R �'� u`� - n „ ��,�� ,, •; � �.s�� - �R�, � ��,� �� ��„�, �,� I
� �.� � .a 1��,� �,� ,�, a� 9 P�E �, �. �gr�����i �a���'€, °a� �Y 0 �
' � - � - i ,.
@;�.�i
I
I
I
�
i
*Not irmcluding saftware. **Attach copy of in�oice, bill oF sale, or other documentation to suppart purchase.
GRANTE CONTRACTOR: Grantee's Contracta�'s Pro'ect Nfana er: Date:
DEP FINANCE AND ACCOUNTING: No processing required by Finance & Aao�nting as the Gra�tee�Contractor is respansible Far retaining ownership of the equipmentJpraperty
upon satisfactory complebon of the Contract.
I3EP PROPERIY iNANAGENlENT: No processing required by the Property Management sec6ion as the Grantee�Contrac#or will retain ownership of the eq�ipme��properly upon
sa�isfactory compietion oF the Contract.
DE� 55-212 (Q3-02)
DEP Agreement No. MV051, Attachmen# G, Page 1 af 1
ATTACHMENT H
Contract Pravisions
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 ] 1246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "�f�ice of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti-Kickback" Act (1$ 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
5ubcontractors on Public Suilding 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 fram inducing, by any rneans, 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 �'ederal awarding agency.
3. 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 CPR 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 Depariment 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 violatians to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Aet (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of inechanics ar laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Ac# (40 U.S.C. 327-333), as supplemented by Department of I,abor 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 standazd work week of 40 hours. Work in excess of
the standard work week is perrnissible provided that the worker is compensated at a rate of not less
than 1'/� 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 conshvction 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 reyuirements do not apply ta the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. 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 Cnventions Made by Nonproft Organizations and 5ma11 Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and atxy implementing regulations
issued by the awarding agency.
DEP Agreement Na MVO51, Attachment H, Page 1 of 3
b. Clean Air Act (42 U.S.C. 7401 et seq.) �nd the Federal Water Pallution Control Act, as
amended (33 U.S.C. l25] 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 regulatians 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 �nvironmental Protection
Agency (EPA).
7. Syrd 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 o�cer or employee of any agency, a member of
Congress, officer or emplayee 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 nan-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
$. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be tnade to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurament
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 af the �'ederal Water Pollution Control Act, as amended (33 U.S.C. 13b8) 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 C].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 Aegional Office af 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 Alcohalism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcahol abuse or alcoholism; ( fl Sections
523 and 527 of the Public Health Seryice 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 IY and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
eyuitable treatment of persons displaced or whose property is acquired as a result of Faderal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Pederal participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. ISOl -- 1508 and '7324 —'1328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
pE,l7 Agreement No. MVO51. Attachment H. Page 2 of 3
13. Compliance, if applicable, with flaod 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 ta participate in the program and ta purchase flood insurance if the total cost of
insurable construction and acquisition is $] 0,000 or more.
14. Compliance with environmentgl standards which may be prescribed to the following: (a)
institution of environmental quality control measuras 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.G. 14S] et seq.); (� 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 specres under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act af a968 (16 U.S.C. 1271 et seq.) ralated to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Att of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identi�cation and protection of historic properties), and the
Archaaologieal and Historic Preservation Aet of 1974 (16 U.S.C. 4b9a-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. Campliance with the Laboratory Animal Welfare Act af 1966 (P.L. 89-54�t, as amended, 7
U.S.C. 2131 et seq.) pertaining to the caze, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by t}ais Agreement.
19. Compliance with the Lead-Eased 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 ef�ciency 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 cor�nply with the provisions
of the Drug-Free Workplace Act of 1988 (Aublic Law 100-690, Title V, Sec. 5153, as amended by
Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 4l U.S.C. § 7D2) and DoC
Itnplementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug-Free Workplace (Financial Assistance)" published in the Federal Register on November 2b,
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. l0a-a0c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of tha Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review tha provisions of the
Act to ensure that expenditures mada under this Agreement are in accordance with it. It is the
sense of the Cangress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this Agreement should be American-made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 C�'R 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).
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1�EP Agreement No. MVOS 1, Attachment H, Page 3 of 3
ATTACHMENT I
L�7 �Ilil�s;���]�.�
Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear
in Title 43 of the Code of �'ederal Regulations. The following list contains regulations and Office of
Mana ement and Bud et Circulars which may a ly to the work erformed under this Agreement.
. t �.,
�
General
43 C.F.R. 17 Nondiscrim.ination in federally assisted rograms of the DOI
� , ;�.
Gra'nts and Other Federal Ascistance
43 C.F.R. 12 Subpart C- Uniform administrative requirements for grants and cooperative
a eements to state and local overnments
43 C.F.R. 12 Subpart F- Uniform administrative requirem�nts for grants and agreements with
institutions of hi her education, hos itals and other non rofit or anizations
43 C.F.R. 18 New restrictions on lobb in
43 C.F.R. 43 Government wide re uirements for dru -free work lace
; e , „ , ;>: ;, r�,�,�.�,
Other Federal Re ulations
2 C.F.R. 1400 Sus ension and Debarment
48 C.F.R. 31 Contract Cost Princi les and Procedures
3
� , . . �. . , � �k� :�? ,
Office �of Mana ernent and Sud et Circulars
A-21 2 CFR 220 Cost Princi les far Educational Institutions
A-87 2 CFR 225) Cost Princi les for State, Local, and Indian Tribal Governments
A-122 (2 CFR Cost Principles for Non-Profit Organizations
230
A-133 Audit Re uirements
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DEF Agreement No. MVO51, Attachment I, Page 1 of 1