PROJECT AGREEMENT FOR CLEAN VESSEL ACT GRANT PROGRAM - DEP AGREEMENT NO MV149DEP Agreement No: MV149
For CVA14 -720
PROJECT AGREEMENT
FOR
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399 -3000 (hereinafter referred to as the "Department ") and the CITY OF CLEARWATER, whose address is 25
Causeway Blvd, Clearwater, Florida 33767 (hereinafter referred to as the "Grantee "), a local government, to conduct
Clean Vessel Act Grant; CVA 14 -720, City of Clearwater approved under the Clean Vessel Act Grant Program (CFDA
15.616).
WHEREAS, the Department is the recipient of federal financial assistance from the Department of Interior,
U.S. Fish and Wildlife Service through Grant Agreement No. F13AP00815; 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.
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 and funds from the Florida Inland Navigation District;
and
NOW, THEREFORE, in consideration of the promises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
1. The Agreement shall be performed in accordance with Public Law 102 -587, Subtitle F, the Clean Vessel Act
of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85), which are
hereby incorporated by reference as if fully set forth herein.
2. The Grantee agrees to conduct the project known as the Clean Vessel Act Grant; CVA 14 -720, City of
Clearwater, in accordance with the terms and conditions set forth in this Agreement, the Scope of Work and
Conditions, provided as Attachment A, and all exhibits and attachments referenced herein and made a part
hereof.
3. By executing this Agreement, the Department certifies that a site visit has been conducted by Department
personnel to verify and document that the project activities and location of the work described in Attachment
A meet the categorical exclusion criteria under the National Environmental Policy Act (NEPA) and that
activities conducted as a result of this Agreement will have no impact on any species listed in the NEPA
criteria. The Department will maintain the site visit documentation in its files in Tallahassee in accordance
with the conditions of the Department's source grant agreement with the U.S. Fish and Wildlife Service.
4. This Agreement shall begin upon execution by both parties and remain in effect until December 17, 2015,
inclusive. This Agreement may be amended to provide additional services if additional funding is made
available by the U.S. Fish and Wildlife Service and/or the Legislature.
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 $12,015.66
towards the Total Project Cost as described in Attachment A, 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.
DEP Agreement No. MV149, Page 1 of 10
B. 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, 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.
i. Reimbursement shall be requested utilizing Attachment B, Grant Payment/Match Request
Form. In conjunction with Attachment B, an itemized listing (by deliverable) of all
expenditures claimed (including the dates of service) shall be submitted. To be eligible for
reimbursement, costs must be in compliance with laws, rules and regulations applicable to
expenditures of State funds, including, but not limited to, the Reference Guide for State
Expenditures.
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 shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof.
iii. The Grantee shall submit a fmal invoice to the Department no later than December 31, 2015,
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.
C. For the purchase of goods or services costing more than $2,500 and less than $100,000 the Grantee
shall obtain at least two written quotes. The quotes must be submitted 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
must be provided whenever the Grantee proposes the use of a vendor quoting other than the lowest
price. The Department has the right to reject all quotes and require additional documentation
supporting the anticipated Project costs. The Department shall make no reimbursement from grant
funds until this documentation has been provided and approved. Any purchase over $100,000 shall
comply with the procurement requirements described in 43 CFR 12.76.
D. The parties hereto understand and agree that this Agreement requires match in the form of cash or
third party in -kind, on the part of the Grantee. The match expended by the Grantee shall be at least
25% of the total amount actually expended on the Project. All match shall meet the federal
requirements established in 43 CFR, Part 12 and OMB Circulars A -87 (2 CFR 225), A -122 (2 CFR
230) and A -21 (2 CFR 220).
E. The Grantee may also be required to submit a cost allocation plan to the Department in support of
its multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable.
State guidelines for allowable costs can be found in the Department of Financial Services' Reference
Guide for State Expenditures at http: / /www.fldfs.com /aadir /reference %5Fguide and allowable costs
for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at
http: / /www.access.gpo. gov /nara/cfr /cfr- table- search.html and OMB Circulars A -87 (2 CFR 225),
A -122 (2 CFR 230), A -21 (2 CFR 220); and administrative requirements can be found in OMB
Circulars A -102 and A -110 (2 CFR 215) at
http://www.whitehouse.gov/omb/circulars/index.html#numerical.
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.
DEP Agreement No. MV 149, Page 2 of 10
Organization Type
Applicable Cost Principles
State, local or Indian tribal government.
OMB Circular A -87 (2 CFR 225)
Private non -profit organization other than
(1) an institution of higher education, (2)
hospital, or (3) organization named in
OMB Circular A -122 as not subject to that
circular.
OMB Circular A -122 (2 CFR 230)
Education Institutions
OMB Circular A -21 (2 CFR 220)
For - profit organization including an
organization named in OMB A -122 as not
subject to that circular.
48 CFR Part 31, Contract Cost Principles and
Procedures, or uniform cost accounting standards
that comply with cost principles acceptable to the
federal agency.
Hospital
45 CFR Subtitle A - Appendix E to Part 74-
Principles for Determining Costs Applicable to
Research and Development Under Grants and
Contracts with Hospitals
G. Any State agency or agency of a political subdivision of a State which is using appropriated Federal
funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation
and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply
to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of
such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section
6002 requires that preference be given in procurement programs to the purchase of specific products
containing recycled materials identified in guidelines developed by EPA. These guidelines are listed
in 40 CFR 247.
H. i. The Grantee's accounting systems must ensure that these funds are not commingled with
funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program -by- program or a
project -by- project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's, or subrecipient's, accounting
system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a
system to provide adequate fund accountability for each project it has been awarded.
ii. If the Department finds that these funds have been commingled, the Department shall have
the right to demand a refund, either in whole or in part, of the funds provided to the Grantee
under this Agreement for non - compliance with the material terms of this Agreement. The
Grantee, upon such written notification from the Department shall refund, and shall
forthwith pay to the Department, the amount of money demanded by the Department.
Interest on any refund shall be calculated based on the prevailing rate used by the State
Board of Administration. Interest shall be calculated from the date(s) the original
payment(s) are received from the Department by the Grantee to the date repayment is made
by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed
by the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund shall
be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to
the date repayment is made to the Department by the Grantee.
6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of
future appropriations.
DEP Agreement No. MV I49, Page 3 of 10
7. The Grantee shall submit progress reports, on the form provided as Attachment D, Progress Report Form,
on a quarterly basis until the Agreement 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.
8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes.
9. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee
to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall
provide thirty (30) calendar days written notice of its intent to terminate and shall provide the
Grantee an opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar days written notice.
C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow
public access to all documents, papers, letters, or other material made or received by the Grantee in
conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of
the State Constitution and Section 119.07(1)(a), Florida Statutes.
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. 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 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.
DEP Agreement No. MV149, Page 4 of 10
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.
11. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any
Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or
more of the following actions.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after
termination of the Agreement are not allowable unless the Department expressly authorizes them in
the notice of suspension or termination. Other Grantee costs during suspension or after termination
which are necessary and not reasonably avoidable are allowable if the following apply.
i. The costs result from obligations which were properly incurred by the Grantee before the
effective date of suspension or termination, are not in anticipation of it, and in the case of
termination, are noncancellable.
ii. The cost would be allowable if the Agreement were not suspended or expired normally at
the end of the funding period in which the termination takes place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
12. 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
(5) 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 fmal action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five (5)
years following final disposition.
DEP Agreement No. MV 149, Page 5 of 10
13. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto
and made a part hereof. Exhibit 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 1 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.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit
1 when making its determination. For federal financial assistance, the Grantee shall utilize the
guidance provided under OMB Circular A -133, Subpart B, Section .210 for determining whether
the relationship represents that of a subrecipient or vendor. For state financial assistance, the
Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient
vs Vendor Determination" (form number DFS- A2 -NS) that can be found under the "Links /Forms"
section appearing at the following website:
https://apps.fldfs.com/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.
14. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible
for all work to be performed under this Agreement. 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 agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915.
C. The Grantee agrees to follow the affirmative steps identified in 43 C.F.R. 12 for its selection of
subcontractors and retain records documenting compliance.
D. 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.
E. This Agreement is an exclusive grant and may not be assigned in whole without the written approval
of the Department.
15. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on
behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee
of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
DEP Agreement No. MV 149, Page 6 of 10
B. The Grantee shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontractors, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients certify accordingly.
C. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
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.
16. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing
under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to,
compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee
further agrees to include this provision in all subcontracts issued as a result of this Agreement.
17. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt
requested, or delivered in person to the Grant Managers at the addresses below.
18. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for
this Agreement is identified below.
Brenda Leonard
Florida Department of Environmental Protection
Office of Sustainable Initiatives
3900 Commonwealth Boulevard, MS #30
Tallahassee, Florida 32399 -3000
Telephone No.:
(850) 245 -2847
Fax No.:
(850) 245 -2159
E -mail Address:
Brenda.leonardna,dep.state.fl.us
19. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this
Agreement is identified below.
Gordon Wills
City of Clearwater
25 Causeway Blvd
Clearwater, Florida 33767
Telephone No.:
(727)
462 -6954
Fax No.:
(727)
462 -6957
E -mail Address:
G ordon. wil 1 samycl earwater. com
20. To the extent required by law, the Grantee will be self - insured against, or will secure and maintain during the
life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work
of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly
to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by
the protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply
fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous
work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide,
and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection
of his employees not otherwise protected.
DEP Agreement No. MV 149, Page 7 of 10
21. 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.
22. 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.
23. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement.
24. A. The Department may at any time, by written order designated to be a change order, make any change
in the work within the general scope of this Agreement (e.g., specifications, task timelines within
current authorized Agreement period, method or manner of performance, requirements, etc.). All
change orders are subject to the mutual agreement of both parties as evidenced in writing. Any
change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership
shall require formal amendment to this Agreement, and will not be eligible for processing through
the change order procedures described above.
B. In the event of a change in the Grant Manager for either the Grantee or for the Department, such
party will notify the other party in writing of the change within thirty (30) days after the change
becomes effective. The notice for a change in the Grantee's Grant Manager shall be sent from the
Grantee's representative authorized to execute agreements to the Department's Grant Manager. The
Department's Grant Manager will transmit a copy of such change to the Department's Procurement
Office and the Contract Disbursement Office for inclusion in the Agreement file.
25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on
a contract to provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity at (850) 487 -0915.
26. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400), the Grantee certifies
that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency;
and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with
a person who is similarly debarred or suspended from participating in this covered transaction, unless
authorized in writing by the U.S. Fish and Wildlife Service to the Department. Where the prospective lower
tier participant is unable to certify to any of the statements in this certification, such prospective participant
shall attach an explanation to this Agreement. The Grantee shall include the language of this section in all
subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement.
27. The U.S. Fish and Wildlife Service and the Department, reserve a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant.
B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with
grant support.
DEP Agreement No. M V 149, Page 8 of 10
28. Land acquisition is not authorized under the terms of this Agreement.
29. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions
contained in Attachment G, Contract Provisions, attached hereto and made a part hereof. In addition, the
Grantee acknowledges that the applicable regulations listed in Attachment H, Regulations, attached hereto
and made a part hereof, shall apply to this Agreement.
30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any
action hereon or in connection herewith shall be brought in Leon County, Florida.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV 149, Page 9 of 10
ATTACHMENT A
Clean Vessel Act Grant Program
Scope of Work and Conditions
OPERATIONS AND MAINTENANCE & REPAIR
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 $12,015.66 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, CVA 14 -720, and
provide a minimum 25% non - federal matching funds. The project is located at City of Clearwater, 25 Causeway
Blvd., Clearwater, FL 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.
Project Requirements
1. Pumpout facilities will be designed and operated in accordance with state and local health regulations.
2. Each pumpout facility, pumpout vessel, 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 term of
this agreement period as set forth in Paragraph 4.A of the Agreement.
3. 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.
4. 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.
DEP 55 -240 (3/13)
DEP Agreement No. MV 149, Attachment A, Page 1 of 3
5. 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.
6. 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 the execution of this Agreement
occurred and continue until the end of the Agreement period in paragraph 4 of this Agreement. 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.
7. 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.
8. 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 Department's Grant Manager will
transmit a copy of the written approval and revised budget to the Department's Procurement Office and the
Department's 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.
Task 1.
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 prior project completion date of December 17, 2015.
Budget: Allowable costs for this task are for daily operations of pumpout equipment salaries. Salaries: $15,009.92:
Pumpout Operator 1 at $16.70/hr., Pumpout Operator 2 at $23.63/hr. and Pumpout Operator Supervisor 1 at $25.56/hr.
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Task 2.
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 prior project completion date of December 17, 2015.
Budget: Allowable costs for this task are for required maintenance and repairs Salaries: $1,010.96: Maintenance
Tech 1 at $16.70/hr., Maintenance Tech 2 at $23.63/hr. and Maintenance Tech Supervisor 1 $25.56/hr.
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
DEP 55 -240 (3/13)
DEP Agreement No. MV 149, Attachment A, Page 2 of 3
Approved Tasks/Deliverables and Amounts
Tasks
Deliverables
Total Project Amount
(100 %)
1.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.
$15,009.92
2.Maintenance and Repair
List of maintenance or repairs made to the
equipment and copy of maintenance /repair
receipts.
$1,010.96
Total Project Amount 100%
$16,020.88
Total Grant Award Amount 75%
$12,015.66
Total Match Amount 25%
$4,005.22
DEP 55 -240 (3/13)
DEP Agreement No. MV 149, Attachment A, Page 3 of 3
City of Clearwater
ATTACHMENT B
GRANT PAYMENT/MATCH REQUEST
MV149 CVA14 -720
DEP Program: Clean Vessel Act Grant Program
I f Department payment is being requested, an invoice on your letterhead must accompany this form.
TOTAL PROJECT
(100 %) of costs
Permitting $ N/A
Construction N/A
Renovation N/A
Equipment Purchase N/A
Equipment Installation N/A
Operations N/A
Maintenance and Repair
Sewage Hauling N/A
Pumpout Signage
Education and Instructional N/A
Materials
TOTAL PROJECT $
25% Grantee match $
75% reimbursable to Grantee $
I attest that documentation has been and will be maintained as required by this Agreement to support the amounts reported
above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are
true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project Agreement No. MV149. I
fiirther attest, that City of Clearwater has complied with the terms and conditions of this Agreement.
Grantee's Project Manager Date
DEP Agreement No. MV149, Attachment B, Page 1 of 1
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in
the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries:
(2) Fringe Benefits:
(3) Travel:
(4) Other direct costs:
(5) In -house charges:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
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.
Reimbursement will be made based on paid invoices /receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A- 1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273.02, Florida Statutes, for subsequent transfer to the State.
Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed
on a usage log which shows the units times the rate being charged. The rates must be
reasonable. N/A under this Agreement.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown. N/A under this Agreement.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http:// www. fldfs .com/aadir /reference_guide.htm
DEP Agreement No. MV 149, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
MV149
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date.
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., copies of permits, photographs, etc.)
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
MV 149 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
DEP Agreement No. MV149, Attachment D, Page 1 of 1
Date
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor" or other name in the contract /agreement) to the recipient (which
may be referred to as the "Contractor", Grantee" or other name in the 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 defined by OMB Circular A -133, as revised, and/or other procedures. By entering into
this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed
appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional
instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer
or Auditor General.
AUDITS
PART 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.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this 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 provisions of OMB Circular A -133, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from
non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
interne at http: // 12.46.245.173 /cfda /cfda.html.
DEP 55 -215 (03/09)
DEP Agreement No.MV 149, Attachment E, Page 1 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.
1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass - through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must
be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https: / /apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http: / /www.leg.state.fl.us /Welcome /index.cfm, State of Florida's website at http: / /www.myflorida.com/,
Department of Financial Services' Website at http: / /www.fldfs.com/ and the Auditor General's Website at
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits ofState financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular
A -133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55 -215 (03/09)
DEP Agreement No.MV 149, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System 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 (f),
OMB Circular A -133, as revised.
2. Pursuant to Section .320(0, OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters
issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
3. Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (03/09)
DEP Agreement No.MV149, Attachment E, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for - profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its
designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure
that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief
Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,
unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (03/09)
DEP Agreement No.MV149, Attachment E, Page 4 of 5
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Category
140122
Original
Agreement
U.S. Fish and Wildlife
Service
15.616
Clean Vessel Act Grant Program
$12,015.66
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources
for Federal Programs:
Funding Amount
State
Appropriation
Category
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
State
Appropriation
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Category
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http:/ /12.46.245.173 /cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https: // apps. fldfs .com /fsaa/searchCatalog.aspx]. The
services /purposes for which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55 -215 (03/09)
DEP Agreement No.MV149, Attachment E, Page 5 of 5
ATTACHMENT F
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States "). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
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 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction ").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
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 Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No. MV 149, Attachment F, Page 1 of 4
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
7. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h -3(e)) - Contracts and
subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 U.S.C. 300h- 3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 —1508 and 7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Agreement No. MV 149, Attachment F, Page 2 of 4
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91 -190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93 -205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug -Free Workplace Act of 1988 (Public Law 100 -690, Title V, Sec. 5153, as amended by
Public Law 105 -85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003, 68 FR 66534), which require that the recipient take steps to provide a drug -free workplace.
22. Compliance with the Buy American Act (41 U.S.C. l0a -10c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this Agreement should be American -made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g).
DEP Agreement No. MV 149, Attachment F, Page 3 of 4
24. Registrations and Identification Information, the Grantee agrees to maintain current
registration in the Central Contractor Registration (www.ccr.gov) System for Award
Management (SAM) at all times during which they have active project funded with these
funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(www.dnb.com) is one of the requirements for registration in the Central Contractor
Registration.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV 149, Attachment F, Page 4 of 4
ATTACHMENT G
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work performed under this Agreement.
General
43 C.F.R. 17
Nondiscrimination in federally assisted programs of the DOI
Grants and Other Federal Assistance
43 C.F.R. 12
43 C.F.R. 12
43 C.F.R. 18
43 C.F.R. 43
Subpart C - Uniform administrative requirements for grants and cooperative
agreements to state and local governments
Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
New restrictions on lobbying
Government wide requirements for drug -free workplace
Other Federal Regulations
2 C.F.R. 1400
Suspension and Debarment
48 C.F.R. 31
Contract Cost Principles and Procedures
Office of Management and Budget Circulars
A -21 (2 CFR 220)
Cost Principles for Educational Institutions
A -87 (2 CFR 225)
Cost Principles for State, Local, and Indian Tribal Governments
A -122 (2 CFR
230)
Cost Principles for Non - Profit Organizations
A -133
Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV 149, Attachment G, Page 1 of 1
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF CLEARWATER STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
see attached for City of Clearwater
signature page * **
By
Signature of Person Authorized to Sign
Print Name and Title of Authorized Person
Date:
FEID No. 59- 6000289
By:
Director, Office of Environmental Education
and Sustainable Initiatives
Date:
Brenda Leonard, Program Administrator
DEP Contracts Administrator
Approved as to form and legality:
1/Ak1V rl " tiLl
DEP Attorney
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
board/commission must accompany the Agreement.
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment A Scope of Work and Conditions (3 Pages)
Attachment B Grant Payment/Match Request Form (1 Page)
Attachment C Contract Payment Requirements (1 Page)
Attachment D Progress Report Form (1 Page)
Attachment E Special Audit Requirements (5 Pages)
Attachment F Contract Provisions (4 Pages)
Attachment G Regulations (1 Page)
DEP Agreement No. MV 149, Page 10 of 10
Project Agreement for Florida Department of Environmental Protection Clean Vessel
Act Grant Program
DEP Agreement No. MC149 for CVA14 -720
Countersigned:
—qQ,o \C"
George N. Cr -tekos
Mayor
Appr•ved as to f
Camilo A. Soto
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
fax,i,v,c1t,
William B. Horne II
City Manager
Rosemarie Call
City Clerk