DEP AGREEMENT NO MV055 AMENDMENT NO 2DEP AGREEMENT NO. MV055
AMENDMENT NO. 2
• r THIS AGREEMENT as entered into on the 18th day of August, 2011, and amended on the 30th day of
October, 2012, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(hereinafter referred to as the "Department" or "DEP ") and the CITY OF CLEARWATER (hereinafter referred to as
the "Grantee" or "Recipient ") is hereby amended.
WHEREAS, a time extension and funding increase is necessary in order to replace a pumpout that has quit
working; and,
WHEREAS, the Grantee has requested and the Department has agreed to a time extension and increase in
funding; and,
WHEREAS, other changes to the Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
Paragraph 4.A. is hereby deleted in its entirety and replaced with the following:
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 in order for the Grantee to comply with the
reporting requirements identified in paragraph 7 of this Agreement. It is understood and agreed that the
Project shall be completed no later than August 17, 2014. 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.
Paragraph S.A. is hereby deleted in its entirety and replaced with the following:
5. 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 up to a
maximum of $42,512.38 (an increase of $9,324.38) towards the Total Project Cost as
described in Attachment A -2, Second Revised Scope of Work and Conditions. 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.
Paragraph S.C. is hereby deleted in its entirety and replaced with the following:
5. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs
upon the completion, submittal and approval of deliverables identified in Attachment A -2,
in accordance with the schedule therein. Costs directly associated with the proper
collection and disposal of sewage from recreational boaters for removal and disposal by
sewage haulers will be reimbursed at the rate approved by the Department as identified in
Attachment A -2.
i.
Reimbursement shall be requested utilizing Attachment B, Grant
Payment/Match Request Form. The Grantee must also include; an itemized
listing (by deliverable) of all expenditures claimed, including the dates of
service.
ii. 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. All bills for amounts due under this Agreement
DEP Agreement No. MV055, Amendment No. 2, Page 1 of 4
shall be submitted in detail sufficient for a proper pre -audit and post -audit
thereof.
iii. The Grantee shall submit a final invoice to the Department no later than August
31, 2014, to assure the availability of funds for final payment. 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 fmal
payment will not be processed until the match requirement has been met.) Upon
approval and payment of the final invoice, any remaining funds will be
unencumbered. No travel expenses are authorized under the terms of this
Agreement.
Paragraph 5. is hereby revised to add the following as subparagraph J:
J. The federal funds awarded under this Agreement must comply with The Federal Funding
Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to
empower every American with the ability to hold the government accountable for each spending
decision. The end result is to reduce wasteful spending in the government. The FFATA
legislation requires that information on federal awards (federal fmancial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpending.gov. Grant Recipients awarded a new Federal grant greater than or equal to
$25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to
provide the information necessary, over the life of this Agreement, for the Department to comply
with this requirement.
Paragraph 7. is hereby deleted m its entirety and replaced with the following:
7. A. The Grantee shall submit progress reports, on the form provided as Attachment D,
Progress Report Form, on a quarterly basis until the Project completion date identified
in paragraph 4.A. Progress reports shall describe the work performed during the reporting
period, 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. 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 the following information to the Department on a quarterly
basis: 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.aus/cleanmarina/CVA/quarterly_pumpout.htm for a period of five
(5) years following the Project completion date identified in paragraph 4.A. This form
shall be submitted 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.
The following language is hereby added to the Agreement as Paragraph 31:
31. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event
that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re- perform the
services needed for submittal of a satisfactory deliverable, at no additional cost to the Department,
within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory
deliverable is not submitted within the specified timeframe, the Department may, in its sole
DEP Agreement No. MV055, Amendment No. 2, Page 2 of 4
discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant
Manager may, by letter specifying the failure of performance under this Agreement, request that a
proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All
CAPs must be able to be implemented and performed in no more than sixty (60) days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request
from the Department. The CAP shall be sent to the Department Grant Manager for
review and approval. Within ten (10) calendar days of receipt of a CAP, the Department
shall notify the Grantee in writing whether the CAP proposed has been accepted. If the
CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the
Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain the Department approval of a CAP as specified above shall result in the
Department's termination of this Agreement for cause as authorized in this Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have
ten (10) calendar days to commence implementation of the accepted plan. Acceptance of
the proposed CAP by the Department does not relieve the Grantee of any of its
obligations under the Agreement. In the event the CAP fails to correct or eliminate
performance deficiencies by Grantee, the Department shall retain the right to require
additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by the Department or steps taken by the Grantee shall preclude the
Department from subsequently asserting any deficiencies in performance. The Grantee
shall continue to implement the CAP until all deficiencies are corrected. Reports on the
progress of the CAP will be made to the Department as requested by the Department
Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in
the performance of the Agreement as specified by the Department may result in
termination of the Agreement
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
Attachment A -1, Revised Scope of Work and Conditions is hereby deleted in its entirety and replaced with
Attachment A -2, Second Revised Scope of Work and Conditions, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment A -1 shall hereinafter refer to Attachment A -2,
Second Revised Scope of Work and Conditions.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV055, Amendment No. 2, Page 3 of 4
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
CITY OF CLEARWATER
By. • �� 11/4"oc 9e /4a .74 40.
William B. Horne, "II
City Manager
Date:
— gwrte crt \f%t)S
George N.
Mayor
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or Designee
Date: 12/! 4/i ! 33
Brenda Leonard, DEP Grant Manager
I
ntracts Administrator
Rosemarie Call
City C. elrk
Appr
Approved as to form and legality:
c'`eZ ° ,c_ 71 L v �
DEP Attorney
Camilo A. Soto
Assistant City Attorney
*For Agreements with governmental boards /commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of
the Grantee must accompany the Amendment.
List of attachments /exhibits included as part of this Amendment:
Specify Type Letter/Number Description (include number of pages)
Attachment A -2 Second Revised Scope of Work and Conditions (3 Pages)
DEP Agreement No. MV055, Amendment No. 2, Page 4 of 4
ATTACHMENT A -2
Clean Vessel Act Grant Program
Scope of Work and Conditions
OPERATIONS, MAINTENANCE, REPAIR, PURCHASE AND INSTALL PUMPOUT
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 reporting period extending beyond the date of equipment installation or
construction completion, if applicable. 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 $42,512.38 for satisfactory completion of the project outlined herein and the Grantee
agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA11 -615,
and provide a minimum 25% non - federal matching funds. The project is located at 25 Causeway Boulevard,
Clearwater, Florida 33767.
CONDITIONS OF THE PROJECT AGREEMENT
Project Reimbursement
1. Match documentation shall be provided in accordance with instructions 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.
2. Grantee invoices must be accompanied by all required deliverables as identified in this Attachment and all
documentation as outlined in Paragraphs 5.C. through 5.F. of the Agreement. The Department shall have
thirty (30) days to review and approve all invoices and deliverables. Upon review and approval of the
required deliverables, the Grant Payment/Match Request Form and required documents, the Department
will process the request for payment.
3. The fmal request shall be accompanied by a completed and signed Pumpout Project Certification of
Completion Form which is provided by the Clean Vessel Act Grant Program as part of the grant award
package mailed to Grantee, a copy of the Pumpout Station Operational Plan, a copy of the Pumpout Log,
and photographs of the installed pumpout project including required signage.
Project Requirements
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 Site Visit/Permit Verification Form, completed
by the Department District Office shall be on file with the Department Grant Manager before invoices will
be processed for payment.
2. Pumpout facilities will be designed and operated in accordance with state and local health regulations.
3. 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 (5) year
period as described and set forth in Paragraph 4.A. of the Agreement.
DEP Agreement No. MV055, Attachment A -2, Page 1 of 3
4. The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations under a
Pumpout Station 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 to the Department with the Pumpout Project Certification of Completion.
5. 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 (3 x 4') in size. Any informational markers should be located on a dock or on land clearly visible
from the waterway. Any informational markers located in 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.
6. Informational placards stating fees, hours of operations, instructions, and operator name and telephone
number shall be posted in a clearly visible location at the pumpout location. 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.
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 requires prior written cost justification approval by the
Department. If fees are collected, such proceeds shall be accounted for, and used by the operator
exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials.
An accounting of all fees collected will be provided with the quarterly log described below.
8. The pumpout facility operator shall maintain a pumpout log to be submitted to the Department no later than
fifteen (15) days of each calendar quarter following the quarter during which completion of construction or
installation of equipment occurred and continue until the end of the Agreement period including the five (5)
year reporting period ending August 17, 2019. The log shall document use of the equipment by number of
pumpout services events, gallons pumped, number of out of state vessels pumped, fees charged, and
maintenance, labor, or other operational costs incurred. Volume of sewage handled must be determined as
described in the approved pumpout station operational plan.
9. The pumpout facility operator shall submit Attachment D, Progress Report Form, to the Department each
quarter no later than fifteen (15) days of each calendar quarter and with each reimbursement request
beginning with the quarter during which this Agreement was executed.
10. The Grantee shall 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.
TASKS/DELIVERABLES FOR PROJECT REIMBURSEMENT
The following is a schedule of tasks /deliverables and budget detail for the completion of the tasks required to
complete this project. Prior written approval from the Department's Grant Manager shall be required for changes
within approved task budget categories of up to 10% of the total task budget amount. The DEP Grant Manager will
transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts
Disbursements Office for inclusion in the Agreement file. Changes greater than 10% of the total approved task
budget will require a formal change order to the Agreement. Changes that transfer funds from one task to another or
that increase or decrease the total funding amount will require a formal amendment to the Agreement. No
reimbursement will be made that exceeds the grant award amount. An increase in funding or a completion date
extension will require a formal written amendment to this Agreement.
DEP Agreement No. MV055, Attachment A -2, Page 2 of 3
Task 1.
Equipment Purchase and Installation: The Grantee will purchase authorized pumpout or waste receptacle
equipment and replacement pumpout. The Grantee will be responsible for ensuring proper installation of the
equipment purchased.
Deliverable: Dated photograph of pumpout equipment purchased and a copy of paid invoice and delivery receipt.
Performance Standard: Documentation will be reviewed to verify authorized equipment has been purchased.
Task Timeline: After Agreement execution and before project completion date of August 17, 2014.
Budget: Allowable costs for this task are for (equipment and installation: $14,932.50).
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Task 2.
Operations of Equipment: The Grantee is responsible for ensuring that the pumpout equipment, pumpout vessel
or dump station operate according to the Pumpout Station Operational Plan.
Deliverable: Copy of Pumpout Station Operational Plan and list of employee names, hourly rate, # of hours
worked, totals, and a copy of the quarterly pumpout report.
Performance Standard: Pumpout Station Operational Plan and quarterly pumpout report will be reviewed to
confirm that the Clean Vessel Act Program requirements are met.
Task Timeline: After Agreement execution and before project completion date of August 17, 2014.
Budget: Allowable costs for this task are for daily operations of pumpout equipment (salaries and fringe benefits).
(Salaries: $28,342.08: Pumpout Operator 2 at $22.71/hr., Fringe Benefits: $7,578.67).
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Task 3.
Maintenance and Repair: The Grantee is responsible for maintaining the pumpout according to manufacturer's
specifications and providing any necessary repairs. This includes pumpout vessel motor service, bottom cleaning,
and bottom painting.
Deliverable: List of maintenance or repairs made to the equipment and copy of maintenance /repair receipts.
Performance Standard: Documentation will be reviewed to confirm that the necessary maintenance and/or repair
was completed.
Task Timeline: After Agreement execution and before project completion date of August 17, 2014.
Budget: Allowable costs for this task are for required maintenance and repairs (contractual services, salaries, fringe
benefits, supplies). (Contractual Services: Maintenance and Repair by Outside Vendor: $1,500.00) (Salaries:
$1,680.54: Maintenance Technician 1 at $22.71/hr., Fringe Benefits: $449.38; Supplies $2,200.00 Parts and
Supplies)
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Approved Tasks/Deliverables and Amounts
Tasks
Deliverables
Total Project Amount (100 %)
1.Equipment Purchase and
Installation
Dated photograph of pumpout equipment
purchased and a copy of paid invoice and
delivery receipt. Written certification from
the Grantee that the equipment is operating
properly. Written certification can be in the
form of an email or letter.
$14,932.50
2.Operations of Equipment
Copy of Pumpout Station Operational Plan
and list of employee names, hourly rate, #
of hours worked, totals, and a copy of the
quarterly pumpout report.
$35,920.75
3.Maintenance and Repair
List of maintenance or repairs made to the
equipment and copy of maintenance /repair
receipts.
$5,829.92
Total Project Amount 100%
$56,683.17
Total Grant Award Amount 75%
$42,512.38
Total Match Amount 25%
$14,170.79
DEP Agreement No. MV055, Attachment A -2, Page 3 of 3
December 20, 2013
Mr. Gordon Wills
City of Clearwater
25 Causeway Boulevard
Clearwater, Florida 33767
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
MARJORY STONEMAN DOUGLAS BUILDING
3900 COMMONWEALTH BOULEVARD
TALLAHASSEE, FLORIDA 32399 -3000
RICK SCOTT
GOVERNOR
HERSCHEL T. VINYARD .IR.
SECRETARY
"
rfm
RE: CVA11 -615, MV055 -- Project Agreement Amendment has been executed. Project
Amendment is enclosed.
Dear Mr. Wills:
Your contract amendment to increase award amount of contract agreement from $33,188.00
to $42,512.38, and extend the project end date from August 17, 2013 to August 17, 2014 has
been executed as of December 19, 2013.
Enclosed is one original executed Clean Vessel Act Grant Agreement Amendment, with the
Florida Department of Environmental Protection. Your project's completion deadline has now
been extended to August 17, 2014, and your final invoice along with accompanying paperwork
and photos must be submitted no later than August 31, 2014.
Please submit your Progress Reports as required, quarterly, until you submit your final Invoice.
You may use the link provided below to download the form.
http: / /www.dep. state. fl. us /cleanmarina /CVA/documents /progress report.pdf
For payment reimbursement after project completion, please submit all receipts and invoices for
agreement expenditures to this office along with the necessary documentation needed to expedite
the reimbursement process. Please submit clearly dated invoices and receipts, copies of
cancelled checks, or bank statements (to verify payment of purchases), and if applicable, payroll
documentation showing the names, titles, hours and pay rate of your employees who worked on
the project. Include the Certificate of Completion form- (if requesting final payment), a Grant
Payment/Match Request form, a quarterly Pumpout Report form, and quarterly Progress Report
form. Additional payment reimbursement instructions may be found at the web link below.
http: / /www.dep. state. fl. us /cleanmarina /CVA/reimbursement package.htm
Mr. Gordon Wills
December 20, 2013
Page 2
Additionally, until August 17, 2019, you are required to keep a log sheet of gallons pumped, and
records of any fees charged for the pumpout service. This information is to be submitted to our
Department quarterly. Quarterly pumpout forms may be located on our CVA website listed
below, and submitted to our office via email, mail, or fax.
http: / /www.dep. state .fl.us /cleanmarina /CVA/quarterly pumpout.htm
Should you have any questions, please contact my staff member, Diane Barber, at
(850) 245 -2865, and she will be happy to assist you. Thank you for your part in helping keep
Florida's waters clean!
Sincerely,
Brenda Leonard
Program Manager
Clean Vessel Act Grant Program
Enclosures
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