18-14RESOLUTION NO 18-14
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR
THE CLEAN VESSEL ACT GRANT PROGRAM AT THE
CLEARWATER BEACH MARINA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Department of Environmental Protection has agreed to
provide funding for the Clean Vessel Act Program under Agreement Number MV312,
CVA18-891 (the Agreement) to conduct waste water pump -out boat operations for
resident and transient boaters in Clearwater Harbor, a copy of which is attached hereto
as Exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Agreement between the
City and the State of Florida Department of Environmental Protection, at the Clearwater
Beach Marina, and authorizes appropriate City officials to take all necessary action as
may be necessary or appropriate to perform all obligations and commitments of the City
of Clearwater in accordance with the provisions of the Agreement.
Section 2. This resolution shall take effect immediately upon adoption
PASSED AND ADOPTED this day of'prZ14 J1 2018.
— e0renCrC'1C, i/
Approved as to form:
VAAri
Michael Funio
Assistant City Attorney
George N. Cretekos
Mayor
Attest:
j4L kta, u- 0
Rosemarie CaII
City Clerk
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to Section 215:971. Florida Statutes:
1. Project Title (Project) Agreement Number
Clean Vessel Act Grant; CVA18-891, City Of Clearwater MV312
2, Parties
State. of Florida Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahagsee, Florida 32399-3000
(Departtnent)
Grantee Mine; Clearwater Beach Marina Entity Type: Public -City
Grantee Address: 25.Causeway Blvd.,
Clearwater; Florida 33767
MID: 59-6000289
(Grantee
3. Agreenient Begin Date:
Upon .Execution
Date efExpiration:
.September 30; 2020
4. -Project Number:
CVA1&•891
Project Lorcation(sy:
25.C.auseWay Blvd.,.ClcarWater, PL,.33767
Project Desoripticinr
Conduct purriPont boat operations for resident and transient boaters in. Clearwater Harbor.
5. Total.Amount offunding:
Funding Source?
Award #'s or Line Itcni ApproPriatiOns:
Amami per Source(s):
S.12,009.0P.
State. f3 Federal
C'Vt 16
$12,00.0.00
0 State. 0 Federal
0 State 0 Federal
6.. Department's Grant Manager
Name: Clyde Alderman
or successor
Address: 3900 Commonwealth Blvd. MS -235
Tallahassee, Florida, 32399
Phone: 850-245-2074
Email: glycle;alderman@dep,state.fLus
Orantee's Grant Manager
-Name: Michael MacDonald
or successor
25 Causeway Boulevard
C1Carwater, Florida 33767
Phone;. (721)224-7.005
Email: michael.macdonald@inyclearwar:com
-Address:
7. The Parties. aece to dottplY with the termSand cenditiOns of thelfelloviing attachthents and exhibits which.are hereby
incorporated by reference:
• Attachment 1: StandardTerms and Conditions Applicable to All Grants Agreements
0
.Attachment 2: Special Terins and Conditions
0 Attachment 3; Grant.: WorkPlan.
O Attachment 4: Public Records Requirements
IZ Attachment 5: Special Audit. Requirements
kJ Attachment 6: Program -Specific Requirements
21 Attachment 7: CVC16.0rant Award Tents (Federalr Copy available -at hitps://facts.ildfs.Com, in accordance
.with §21.5.985, F.S.
• Attachinent 8: Federal Regulations:and Terms (Federal)
O Additional Attachments (if necessaiy):
• Exhibit AiTtogresS Report Form
DEP PropertyReporting Form
VI Exhibit CI PaymentRequest Summary.Fonti
o Exhibit D:•.Qoality Assurance Requirements
O Exhibit Advance Payment Terns and. Interest Earned Memo
O Additional Exhibits .(if neeessary):.
DEP Agreement No. 1V1V312 kev8128/1;7
8.. The fallo.wing.informatiou applies. to Federal .Grants only and.is identified in accordance with 2 CFR200331(a)(l):
Federal: AwardIdentification Number(s):(FAIN):,
FI6AP01097
Federal Award Date;to: Dep_aitment
October 01, 2016.
Total; Federal; Funds Obligated'. by: this Agreement: ;
S12,000.00
Federal AwardingAgency ':
iiS Fish & WiIdlife Service
A:ward.R&D.?.::...:::..:...: .:.:......... ..
0 Yes ®N/A
1N WITNESS WHEREOF; this Agreement -shall be effective on the date indicated by the Agreement Begin Date above
or the last date signed below, whichever is later:
9. City .of Clearwater
GRANTEE
Grantee Name
By
(iinfiarired 8/via-lure)
Date Signed
Print Nanie and. TitleofPerson Signing
M. State: of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee Date:Sigried
Print Name and Title of Person Signing
i Additional signatures attached on separate page:
DEP AgreementNo. MV312 Rev8/28/17
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTALPROTECTION.
STANDARD TERMS AND - CONDITIONS
APPLICABLE TO. GRANT AGREEMENTS
ATTACHMENT .1
1. Entire Agreement.
This Grant Agreement, including any Attachments. and Eihibits referred to herein and:attached hereto.(Agreement),
.constitutes the entire:agreement-between the.parties with respect to the subject matter hereof and supersedes all prior
agreertierits, whether written.or oral, with respeet to such subject Matter. -Any/reprinted terms -and conditions included
on Grantee' S' forts .or invOices-shal I be nullandvojd.
2. Grant Administration..
a. Order of Precedence. ifthere are Conflicting preiviSions.hetween.the'docunients that make 'up the Agreerrient,
the:order of precedence for the decuments it as follows:
Attachments other than Attachment 1, in numerical order aselesignatcd in the Standard Grant
Agreement
ii. Standard Grant Agreement
iiL Attachment1, Standard Terina andeonditions
iv. • The.ExhibitS:in the -Order designated inthe Standard Grarit Agreeinent
b. All apprOvals,'Written.Or verbal, and -other written c ormini nice t ion between the parties includ ing.all no ti es, shall
be obtained by or sent to the partiesGrant Managers All Written communication .sliall be by electronic limit
U.S. Mail,.a. courier delivery •serviee, or delivered inperson..Notices shall be considerect.detivered when reflected
by an electronic mail read receipt, a. courier service 'delivery receipt, other mail service deliVery.receipt,'cir when
receipt is acitnowle.dged..by recipient.
c. If.a different Grant Manager is designated byeither after execution of this Agreementi'notice Ofthe. name
and contact information of thanew Grant Manager will besnbniifted.in writingto the otherparty and maintained
in the respective parties' records. A change of 'Grant -Manager does not require a formal amendment or. change
'order tri Agreenient.
d: This .Agreement. niay be:amended-, through a formal amendment era change order; only by a written agreement
between both parties: A formal .amendatent to this Agreement is required for changes which cause anyof the
following: an increase or decrease in the Agreement funding amount; a change.. in the Grantee's match
requirements; a change in the expiration date of the Agrpernent; and/or changes to the cumulatiVe. amount of
funding transfers between approved budget categories, .as defined in Attachment 3, Grant WorkPlan that exceeds:
or is expected to exceed ten'percept (10%) ofthe total budget as last approVed by the Departhient. A change order
to this Agreement may bensed when tasktimelines within the current autherized Agreement period change, and/or
When the cumulative transfer .of funds between approved budgetcategories, as defined in. Attachment 3,. Grant
Work Plan, are less than ten percent (101Y) of the total budget as last approved by the Department,. or without
limitation to Changes to approved fund transfers between budget categoriaS for the purchases oftheeting match
requirements. This Agreernent may be amended to providefor additional services- if additional. funding is,made
available by theLegislature.
e. All days. in thisAgreeinent are calend.ar. days unlesS.otherwise specified.
3. -Agreement Duration.
. .
the term of the :Agreementshall begin and end on the dates indicated in the Standard Grant Agreement,..unless.
extended or terminated earlier in accordance with the. applicable. terms and conditions. The Grantee shall be ehgible
ferreimburs.emerit for werk perfanned crier after -the date of execution. through the expiration date o.fthis..Agreernent,
Unless Otherwise.specified:in Attachnient 2Special Terms and tonditions. However, work performed prior to the
execution ofthis- Agreement May be reimbursable or...used for match purposes if permitted. by the:Special Terms. and
Conditions..
4. Delivefibles.
The 'Grantee -agrees to -render the.itiviCes .or Other unitS.Of deliVerables asset forth in Attachment 3, Grant Work Plan.
The services or Other units'of deliverables shall be deliveredni accordance with theschedule and' at the pricing. outlined
in the Grant Work .Platt. Deliverables may be comprised of activities that Must. be completed prier to -the Departnient
making pay/tient on that deliverable.. The.Grantee.agrees to perform in accordance with the -terms and conditions set
forth in this Agreement and all attachments and. exhihits incorporated bythe Standard Grant Agreement.
Rev. 7/11/2018
Attachment 1
1 of 12
5. Performance Measures.
The Grantee warrants that: (1) theservices will be perfernied by qualified personnel; (2) the services will be of the
kind and quality described in the Grant West Plan; (3) the...services will be pettormed in -a professional and
workmanlike manner in aCcordance with industry standards -and.pradtides; (4) theservices shall not and do not infringe
iipon"the intellect -nal property rights,: or any other proprietary rights.pf any third party; and (5) its employeet,
subcontraptors, and/or subgrantees shalt comply with-anysecurity.and safety requirements -and processes, if provided
•by the Department, for work done at the Project -Location(s).. The Department reserves the right to..investigate Or
inspect at any time whether the services or qualifications offered by the Grantee.meet the -Agreement requirements,
Notwithstanding any provisio.nsto the contrary,. written. acceptance of a particular deliverable/minimumrequirement
:does net. foreclose the Department's remedies in the event those performance standardsthat cannot be readily
measured. at thetithe of deliverYare not met.
G. Acceptance of Deliverables:
a, Acceptance Process. All deliverables must be received accepted in writing by.the.Department's:Graiit
Manager before.paymentm*Orantee shall. work diligently to correet.ag deficiencies irithe deliverable that
remain outstanding, within areaspnable time at the Grantees. egperisd. If -the Deportment's Grant Manager does
pot...accept:the deliverables within 30 days of receipt., they wilt be deemed rejected.
b. Rejection. of Deliverables. The Department reserves.thelight to.,reject :deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate; or unacceptable due, in whole or in part, to the -Grantees lack.of
satisfaCtOrY.performaned under the tonns of this Agreethent The Grantee's efforts to:correct thc.rejected
doliVerablcs will be at the Grantees sale eripense.. The Grantee shall only invoice the Departnient. fcir
deliverables.that*re cotiripleted in accordance with the-Grairt Work Plan. Failure to fulfill the applicable
techniCal requirOnients.or-Complete all. tasks or activities rn accordance with the Grant Work. Plan will result in
rejection ofthc deliverable and the associated invoice: Payinent.-for the rejected deliverable will not he issued
unlessthe rejected .deliv.erableis- made acceptable to the Department in accordance with the Agreement
requirements... The Department, at its option, may allow additional time within which the Grantee may remedy
the objections rioted by the Department. The Grantee's failure to make adequate or acceptable_ said deliverables..
after a reasonable opportunity to.do.so.may.constitute an eventof default.
7. Financial.ConSequenees [or Nonperformance.
a. •Witliholding.Pavment'Inaddition to the specific consequences. explained. in. the Grant Work Plan 'and/or
Special TermstinclConditionS, the..State ofFlorida (State)reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions ef this Agreement These consequences for
nonperformance shall net be considered penalties.
b. Corrective Action .Plari. If the Grantee fails to correctall the deficiencies in a rejteted•deiiverable within the:
specified. timeframe, the Department may; inits sole discretion,. request that a proposed CerrectiyeActionPlan
(CAP) be.submitted.by the .Grantee to; the Department. The.Department shall:provide the.Grantee with a written
request for a 'cAP that specifies. outstanding deficiencies. Alt CAPs :must be able.. to be implemented and
performed in no more than sixty (60) calendar days.
i. The Grantee shall- Subtait a CAP -within ten (10) calendar days of the.date.ofthe written request from
the Depattnient. The CAP shall be sent to the Graiit Manager for.review arid approval.- Within ten'
(10) caleridatdaysof receipt of a CAP, the .Department shall notify the Gratitee:in Writing whether
the CAP proposed has been accepted'. If the CAP isnOt...aceepted,..the..Ginntee. shall have ten (10)
calendar days from receipt of the Department letter rejecting the proposaltosubmit 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* this Agreement..
ii. Upon:the Department's notice .of-acceptanceof. a. proposed. CAP, the Grantee shall have ten (10)
calendar days to commence implementation.of the accepted plan. Acceptance ofthe proposed CAP
by the Department does not relieve the Grantee of any ofit.s. obligations under the -Agreement, In
the event the -CAP fails to correct or:elinrinateperformancedeficiencies by Grantee, the Department
shall 'retain the .rightto requite additional or furtherremedial steps, or to. terminate this Agreement
for failure to perforin.. No actions approved by the Department Or steps taken by the Granteeihall
preclude theDepartment from subsequently isserting.any -deficiencies:in performance. The Grantee
Shall continuetoiniplement the CAP until all deficietties are COrrected. Reportson the..progrets of
the CAP. will be :madet� the.Department as requestedby the Department .GrantManager.
iii:. Failure to respond to a _Department request for a CAP Or failure to correct a deficiency in the
performance. of the Agreement-asspecified by the...Department may result in -termination of the
Agreement
Attachment
2 of 12
Rev. 7/11/20.1$
S. Payment.
a:. Payinent Pracess..Subject to the.terrns andconditions establishedby the Agreement, the pricing per deliverable
establishedby the Grant Work Plan, and the.billing procedures established -by the Department, .the :Department.
agreea to pay the Grantee for. services. rendered iit,accordance with Section 215 A22, Florida Statutes (F.S:): To
obtain the :applicable .interest:rate., please refer to:
httpa/www.myforidacfo.comlDivision/AA/Vendors/default.htrn.
b. Taxes. The Department is exempted from payment of State sales and; use taxes. -and Federal excise taxes. The
Grantee, however, shall not be exempted from paying any taxesihat it is subject to; including State sales and use
taxes, or for payment by the Grantee to suppliers for taxes on materials used .to: -fulfill its contractual. obligations
with the Departiment.The Grantee shall not use the Department's exemption -number in. securing such.materials.
The Grantee shall be responsible and liable: for the :payment of all its FICA/Social Security and other .taxes
resulting front thisAgreettient:
C. Maximum .Amount of Agreement. The .maximum amount of compensation under this Agreement, without an
amendment, is.descn7iedin the Standard GrantAgreement. Any additional Angles -necessary for the completion of
this Project, are the responsibility of the Grantee.
d. Reimbursement for. Costs. The Grantee. shall be paid on a cost reimbursement basis forall eligible Project costs
upon the completion, submittal, and approval of each deliverable iidentifiedin the Grant Work .Plan.
Reimbursement shall be requested on Exhibit .C.; Payment Request Summary Form, 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, which can.beaccessed at the
following web. address: http://wivw:niyfloridacfo:com/aadir/reference. guide!:
e. Invoice Detail. All charges forservices rendered. or for reinibursementof expenses authorized by -the Department
pursuant -to the Grant. Work Van shall be. submitted to theDepartmentin :sufficient detail for a proper.pre-audit
and post -audit. to be performed.
f. Interim Payments. Interim -payments may be ,made. by the Department,. at its.discrction, if the completion of
,deliverables to date have.first.becnacceptcd in writing by the:Departrnent's Grant Manager.
g. Final Payment Request.. A final paymentrequest should be submitted to the Department no :later than sixty. (60)
calendar. days following the completion date of the Agreement to ensure the availability' of funds for payment.
However, ail work performed pursuant to the Grant Work. Plan must .be performed'on or before.the completion
date of the Agreement,
h. Annual Appropriation Contingency. The State .of Florida's performance' and :obligation t� pay under this
Agreement is contingent upon an annual appropriation by the Legislature.. This Agreement isnot.a commitment
of future appropriations. Authorization for continuation and completion of'work and any associated payments -
may be rescinded, with proper:notiee, at the discretion of the Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates.. All' interest rates charged under the.Agreement shall be calculated on the prevailing rate. used by
the State Boardof Administration:
9. Documentation Required for Cost Reinibursement Grant Agreenientsand Match.
If Cost Reimbursement or Match is authoriied. in Attachment 2, Special Terms and Condirians, the following
conditions apply. Supporting documentation must. be .provided to substantiate cost reinibursement.or match
requirements for .die following budget categories:
a. Salary/Wages. Grantee shall list personnel .involved; position classification, direct salary rates, and. hours spent
on the Project in. accordance: with Attachment3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and' Administrative Costs. If the.Grantee is being reimbursed for :or claiming match
for multipliers,. all multipliers used (La,. hinge bcncfits, overhead, indirect, and/or general and administrative
rates) shall be supporteddby audit_ Tfthe Department dctermines:thatmultipliers charged.by the Grantee exceeded
the•rates supported by. audit, the Grantee shall be required to reimburse such fundsto the Department within thirty
(3.0) calendar:days ofwritten notification: Interest shall be charged on iheexecssive rate.
c, Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors Must be
substantiated by .copies -of invoices with backup docuinentation .identical to that required from the Grantee.
Subcontracts which involve payments for direct salaries -shall clearly identify Abe personnel iiivolVed, salary rate
per hour, :and. hours spent on the Project. All eligible. natiltipliers used (i.e., fringe benefits, overhead, indirect,
and/or.general ani administrative rates)' shall be. supported by audit.. .If the.Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be. required to reimburse
such funds to the Departmentwithin. thirty'{30) calendar days of written notification. Interest shall be charged on
Attachment1
3 of 1.2
Rev.
7/1(12M
the rate, -Nonconsumable.,andlor nonexpendable :personal property .or equipment costingS 1,000 or more
purchased for the Project under a Subcontract is subject to the requirements set forth in Chapters 273 .and/�r214,
F.S., and Chapter.691-72, Florida AdininiStrative-Code (RAC.) and/Or Chapter:691434 PAC:, as applicable. The
Grantee shall be responSible.fOr Maintaining...appropriate prOperty records for any subcontracts:that include the
,purchase ofequipment as part of the deliver), of services: The .Grantee. Shall comply with this:requirement-and
ensure -its kihcentracts. issued 'under .this Agreetnent, if -any, impose tbiS requirement; in wiiting,..on.its
subcontractors.
i. For. fixed-price (vendor) subcontract, the ..following provisions.shall apply: The Grantee may award,
on a competitive basis, fixed-price subcontractstoconsultants/contractorsin performing the work
described in Attachment 3.; Grant Work. Plan. Invoices -submitted to the Department for fixed- price
subcontracted activities shall be supported with a Copy of the Subcontractor's invoice and a copy of
the tabulation form fOr'the.,cOnipetitive procurement process (e.g., Imitation. to Bid; .Request :for
Proposals, or other. similar .Competitive prOcurenient document) resulting in the fixed-price
SUbContract.. The Grantee may request approVal. from the Department to :aWard a fixed-price
.subeontract resulting frOnt procarementinetliods Other than thOSeidentified -above. In this instance,
the Grantee shaltreqUesttheadvance...Written.apprOval from the Deparartent'S Grant Manager ofthe
fixed, price negotiated by the Grantee. The letter...of request shall be supported by .a detailed budget
and Scop.e.ofServicesto be. performed hy the subcontractor. Upon:receipt of the Department Grant
Manager'sapproval of the fixed-price amount the Grantee may.proceedin finalizing.the fixed-price
:subcontract:
ii. If the. procurement IS subjed to the Consultant's. Competitive Negotiation Act under section
287.055, F.S. orthe Brooks Act, the Grantee mustprovide documentation Clearly:evidencing .it has
.ceinplied-With the statutory.Or federalrequirements.
d:. Travel. -All requests formatehor rehnbursernent. oftravel expeaiSes. shall be in accordance with. Sectitm 112.061,
F.S.
.e. Direct Purchase Enuioment For the purposes of this.Agreement, Equipment-is defined as capital outlay -costing.
$1,000 or more Match..orteinibursement for the Grantee's direct purchaseorequipment is subject to specific
approval of theDepartipent and. does not inelude any equipmentpurchased under the.delivery of.services to be
completed by a subcontractor. Include copies. of invoices or receipts to document purchases, and a properly
Completed. Property .Reperting Form:
f. Rental/Lease of.Equipment MaXthorreimburementrequestsforrentaV1ease of eqUipment must .include 'copies
of invoicesof.reeeipts to dcicutnentscharges.
.g. Miscellaneous/Other Expenses. If miscellaneOus :or other :expenSes, such .as .materiaLS, supplies, nci;excluded
phone expenses, reproduction, or mailing, are reimbursable or available for -Match.or reimbursement underthe
termSof this Agreement, the. documentation supporting these expenses.must be itemized and include copies .6f
receipts or invoices:.Addthonaliy independent-of :the Grantee's contract obligations to its. stibcontractor, the
Department.shall not reimburse any of the following types of charges: cell phone usage, attorney's fees or. court
costs, civil or .administrative-petialties;or handfingfees,.such as set percent overages associated with purchasing
supplies or equipment.
h. Land AcOuisition. ReirribUtsement for the coStS associated Withacquiring...interest and/6r rights to real property.
(including: access rights through ingress/egress easentents, Leases, license agreernents, or other site 'access
agreements; and/or obtaining. record title ownership of reatrOperty through purchase) must be supported by the
.applicable: Copies of PrOpertY Appraisals, EnVironniental.SiteAssessments, SUrveys and Legal
Descriptions, Boimdary Maps, Acreage. Certification,: Title Search RepOrts, Title Insurance., Closing
StaterneutS/Doctiments, Deeds, teaSes„Easements, .Lieense.Agreements, or other legal instrument documenting.
:acqniredpropertyinterest and/or rights.. if land acquisition costs are used to ineetmateh requirements,the Grantee
agreesthat those funds shall not be used as match.for any other.Agreenaent. supported by -State.or :Federal funds.
To. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,.
Progress Report Form, to the Department's-GrantManager describing the work performed during the reporting:
period; problems-encountered, .problem resolutionsi.scheduled updates, and. proposedwork for the next reporting.
period. Quarterly status reports are.dtieno later than twenty (20). calendar days following the Completion ofthe
quarterly reperting period. For theptiiposes of this .reporting requirement,. the quarterly -reporting periods end..cnt
March 31, June 30, September 30 and. December 31. The Department will review the tequirettreports submitted
bythe Grantee within thirty (30) days,
Attachment 1
4 of 12
Bev. 741/2018
Il. Retainage,
The following provisions apply if the. Department withholds retainage. under this Agreement:
a_ The Department reserves the right to: establish the amount and epplication:of retainage on .the.work performed
under this.Agreement toe maximum percentage described tn.ttie Special Terms and Conditions. Retainage. may
be Withheld from • each payment .to :Grantee pending satisfactory completion of work: and approval of all
deliverables.
b. The Department reserves the right to::withhold payment of retainage:for Grantee's failure to respond to or correct
identified deficiencies within the timeframe stipulaated in the Grant. Work Plan: The Department shall provide
written notification to. Grantee of' identified deficiencies :arid the Department's intent to- withhold retainage,
Grantee's failure' to .rectify the.identified deficiency within the titriefrarne stated in the. Department's notice will
resuilt in forfeiture of retainage by Grantee.
c. If Grantee fails tc perform: the requested work, or fails to perform the work. in a satisfactory. manner, Grantee shall
forfeit its right to payment forthe.work and the retainage called for under the entire Grant Work Plan. Failure
perfomt includes, but is not limited to, failure to.submit the: required deliverables or failure to provide. adequate
documentation that the work was.actually:performed.
.d. No retainage>ahall.be released or paid for incomplete Work while this Agreement is suspended..
e. Except as otherwise provided above, Grantee shall be paid the retainage associated'with the work, -.provided
Grantee has.-coniplctcdthe. work and submits an invoice for retainage held iu aecordance with the invoicing
procedures under this Agreement
12.. Insurance:
a. Required Coverage. At all times. during the Agreement the Grantee, atits sole expense,.shallmaintain
insurance coverage_of such types and with such terms and limits described below. The limits:of coverage under
each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liabilityand obligations
.under the Agreement. All insurance.policies Shane through insurerslicensed and. authorized to issue.policies
in Florida; or alternatively; Grantee.may provide.coverage through a self -insurance program established and
operating under the laws of Florida. Additional insurence.requirements forthis Agreement may be required
elsewhere inthis Agreement, however the minimum'insurance requirements applicable to:this Agreement are:
i. Caminercial.General Liability. Insurance.
The. Grantee shall provide adequate commercial general liability insurance coverage and such
liability insurance at all times during the Agreenrenc..The Department of )<nyirorirnental
Protection, its employees, .and.officers'shall.be named as an additional insured on any general
liability policies. The minimum limits shall be $200;000 each individual's claiinand :$300,000.
each occurrence.
ii. Workers' Compensation and Employer's Liability Coverage:
The Grantee shall provide workers' compensation, in accordance-with Chapter.440; E.S., and
employer's liability insurance with niinimurn limits of $'100,00D per accident, $100,004 per
person,. and S500,000 policy aggregate: Such policies shall cover all employees engaged' in any
work under the.Agteemcnt:
iii. Commercial Automobile Insurance.
'If the Grantee's duties include the use of a. commercial vehicle,:the Grantee shalt maintain:
automobile liability; bodily injury, and property damage coverage. Insuring clauses for intb
bodily injury:and,property damage shall provide-coverage on. an occurrence basis. The
Department of Environmental Protection, its employees;:and officers shall be named as:an.
additional insured on any automobile insurance policy. The minimum limits. shall be as .follows:
$200;000/300;000 Automobile Liability for Company-Owned Vehicles; if
applicable
$20(7,000/300,000 Hired aud.Non-owned Automobile Liability Coverage
iv. Other Insuranec.
Additional:insurance maybe required. by federal law;•where. applicable; if any Work proceeds. over
or adjacent to:water, including but not limited to Jones Act, Longshoreman's and Harbor
Worker's,. or the inclusion of.any applicable rider to'worker's compensation. insurance, andatiy
necessary watercraft insurance, With limits of not. less than $300;000 each, Questions concerning.
required coverage should be directed .to the U.S. Department of Labor
(http;//www.dol.gov/owcp/dlhwc/lscontac.htrn) or to the parties' insurance carrier.
b. Insurance Reguirements forSub-Grantees and/or Subcontractors. The Grantee shall require its.sub-grantees
atid/orsubcontractors, ifany, to maintain insurance.coverage of.such types and with such terms and limits as
Attachtiient 1
5af12
Rev. 7/11/2018
described in this Agreement. The Grantee shall require.all its sub -grantees arid/or subcontractors, if.any, to
Make compliance with the insurance requirements of this.Agreentent a eendition.ef all centractsthat are related
to this Agreement. Sub-granteeS .and/or.stilopontraetors mast provide proof of insurance upon request.
c. Exceptions to Additional Insured Reauireirients. If the grantees insurance is provided through an.insnrance
trust, the Grantee Shall instead.add the Department of Environmental Protection, its.employees.„and officers as
an additional covered party everywhere the Agreement requires theritto be added as an additiorial insured.
Fuither,.notwithitandingthe requirements above, if Grantee is self-insured, then the-Departutent of
Environmental Protection, its employees, and Officers:de not iteed. to be listedia.additiOnal insureds.
d. Dedtietiblet. The.D.epartment shall be exempt frorn,..an&in no way liable for, any.simis..of money representing .A.
deductible -in any insurance policy...Thepaymentef such deductible -shall be thc sole responsibility of the'
Grantee such insurance.
e, Proof -of Insurance. Upon execution of this. Agreement, the Grantee shall provide the Department
documentation.demonstraling.the existenceaed amount for each type OfappliCable insurance coyoragoprior to
performance of any. work under this Agreement Upon receipt:of writtentegnest from the Department, thc
grantee shall furnish theDepartment with proof of applicahle insurance coveragebystan.dardifornicertifiCates
cifinsutance,.a self-insured authorization,. or other. cert ifieation Of self-insurance.
f. Failure to. Maintain Coveraze: Inthe event thatanyappliCable coverage isoancelled by the insUrei for any
reaseni, the Grantee shall. iinmediatelynotify.theDepartment of stieb cancellation and Shall obtain: adequato
replaeetrient coverage .Conforming to the.requirementsherein and provide proof of tuth replacement coverage
within ten. (10) calendar days after the. caocellation:of enverage..
13 Termination,
a. Termination for Convenience. The Department may terminate the. Agreement in wheleor in part by.giving 30
day's' written notice to the Grantee, when the Departspentdetenriines; in its sole discretion, that it is in the State's:
interest to do so, The Depatiment shall notify the Grantee of -the termination for convenience With instructions as
to theeffective date of termination'or the sPecific stage of work at which the-Agreemerit is to be terminated. The:
.grantee shall.not furnish any.serviee or deliVerable.after it receives the notice oltermination, tallest otherwise
instructed itithenotice. The Grantee shall tiot beentitledio recover any cancellation charges or lost. profit. It'd*.
Agreement isterminated before performance. is comPleted, the grantee shall be paid only 'for that Work,
satisfactorily performed forW.hichcosts ambestibstantiated.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of.dethult described
bclow'occur or in' the event that-the:grantee fails to fidfill any .of its .other obligations under this Agreement The,
Grantee shall continue.worken.any portio.n.o:f the Agreement notterniinated. lf, after termination it is determined
that thegrantee was not in default, or that the default was excusable,.the..rights and obligatio.nsofthe.parties shall
be the same as if the termination had been issued for the convenience oftlieDepartnient. Therights and remedies
of the Department in this clause are in. addition to any other rights and remedieSprovided by law or tinder this
Agreement:
grantee Obligations Upon. Notice: of Termination: Afterredeiptof a notiee-of termination or partial termination,
And exeeptas otherwise directed bythe Department„ the Grantee stop pet -thrilling serviees. on the date,:and
'to the extentspetifiect Mille notice.
Noticeof Default
Ville. Grantee defaults in the 'performance of. any ,covenant or obligationcentainedin the A.grcement, ineluding
without limitation, any attic events of default listed below, the Department shall previdenetice to the Grantee and
an. opporhinity to curethat isreasonable under the eirenmstanc.es„ This .notice shall statethe nature eithe failure to
perthortand provide a time certain for correcting the failure The notice will also prot.ide. that; should the Grantee fill
to perform within thetime ...provided, thc Grantee.willbe found in default, and the Department May terminate the.
Agreementeffective as afthe date of reetiptof the default notice.
15: Events ofDefault.
Provided siieh.thilureis not the fatilt Of theDepattmentor outgide.the feasonable.aontrol of thegrantee, the .following
non-exclusive list tof v.eht..4, acts, or otnisSions, shall ceristitute..everits.Of default
a, The commitment of any material 'breach of this..Agreenient by the. Grantee, incluclin-g.failtrete timely deliver a
material deliverable; failuretOperform the minimal level Of services required for a.deliverahle, discontinuance of
thc performance of the work, failure to resurnework that has. been discontinued within a reasonable time after
noticeto do so, .or ahandenmentotthe Agreement;
b. The commitment of any material misrepreseptationor omission in any materials, or discovery by the Department
of Such, made by the ,Granteein this -Agreement or in its application for -funding:
Attatheient 1
6o.f12
Rev. 7/14/2018
.c. Failure to:submit any ofthe reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information,
d. Failure to honor any term of the Agreement;
e. Fail ire to abide by any statutory; regulatory, or licensing requirement, including an entry ofan order revoking
the certificate of autharity granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities; individuals, and the.like.fiimishing labor -or materials, or failure to make
payinent to any other entities as required herein in connection with the Agreement;
g. Employment of an. unauthorized alien. in the performance of the work,' in violation of Section 274 (A) of the
Immigration andNationality Act;
h. Failure .to. maintain the insurance required by this Agrcement;.,and
i, One or more. of the.following. circumstances, uncorrected for more than 30 calendar days unless, within: the.
specified 30 -day period, the Grantee (including :its receiver or trustee in bankruptcy) provides to the Department
adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness .to fulfill
its`obligations under the Agreement_
i. Entryof an order for relief under. Title 11 ofthe United..S.tates Code
ii: The braking by the Grantee of a. general. assignment for the .benefit o fcrcditers;
The.appointment of:a general receiver or trustee in bankruptcy of the Grantee's .Business or property;
and/or
iv. Anactionby the:Grantee underany state insolvency or similar law for the purpose of.its.bankruptcy.
.reorganization, or: liquidation.
[6. S"u"spension of Work.
The Department niay, iii its sole discretion, suspend any or..11 activities under.thcAgreement: at any time, when it is
in the best interest 'of the State to do so. 'The Department shall provide the Grantee written :notice outlining: the
particulars of suspension. Examples of reasons for suspension include, but are not lirnited:to, budgetary etaittraints,
declaration -of emergency, or other such. circumstances. Afterrevciying a suspension notice; the Grantee shall cot' ply
with the notice. Within 90 days, or any longer period agreed to:by the,parties, the Department shall either; (1) issuc.a
notice authorizing resumption of work, at which time activity shall resume; or. -(2) terminate the -Agreement If the.
Agreement is terminated after.30 days of suspension, the:notice; of suspension shall be:deemed to:satisfythe thirty
(30) days' notice required for anotice of termination for convenience. Suspension ofwork:shall not entitle the Grantee
to.anyadditional compensation.
I7: Force.lVIajenre:
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the faint nor the negligence
ofthe Grantee or its employees or agents. contributed to the delay and the delay is due directly to acts of God, wars,
acts of piiblic.eneinies; strikes, fres, floo.dss or other similar cause wholly beyond the.Grantee's control, or for any of
the foregoing that affect subcontraetors or suppliers if no alternate source of supply is available to the Grantee. Incase
of any delay. the Grantee. believes is excusable,. the 'Grantee shall notify .the .Department in writing. of the.. delay or
potential dclay.and describcthe.cause of the delay either. (1) withintendays after the'eausc that creates; or will create
the dclay.first.arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay -is -not
reasonably foreseeable, within five days,afterthe date the.Grantee first hadreasonto believe that.a delaycoul'd result.
THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH
RESPECT TO'DELA.Y. Frbviding notice in strict accordance with this paragraph is a condition precedent to such.
remedy. No claim for damages; other than for an extension of time, shall be asserted against the Departihetit. The
Grantee. shall not be' entitled to an increase in the: Agreement price or payment of any kind. from the Department. for
direct; indirect, consequential, impact or other costs, expenses or. dainages, including but not limited ie, costs of
acceleration or inefficiency, arising .because of delay, •distuption, interference, or hindrance from any cause
Whatsoever, If performance is Suspended .or delayed, in .Whole or in part, due to any of .the causes described in thus
paragraph, after the causes have ceased to existthe Grantee shall. perform at no increased cost; unless- he Department
detertithies, in its sole discretion, that the delay will significantly impair the value. of the Agreement to the Department,
in which case the.Depattment may (1) accept allocated performance orrdeliveries from the Grantee, provided that the
Grantee grants. preferential treatment to Department with respect.to products subjected to, allocation;; (2) contract with
other sources.(withoutrecourseto and by the. Grantee for the related costs and expenses) to replace all or part of the
products or services that are the stibj ect.of the -delay, which purchases maybe deducted from the Agreement quantity;
or (3) terminate the Agreement in whole or in part.
Attachment I
7of12
Rev. 7/11/2018
18. IndemnifitatiOn.
a. The Grantee -.shall liable for the actions of its agents; erriployees, partners, or subcontractors and shall
*fully inciemnify„defend, and held harmlesstheDepartment and its of4cert,. agents; andtmployees,lfrom suits,
actions, damages,:andcosts ofevery name and description arising -froth or.relating to:
i. personal and damage to real orpersonal tangible property alleged to be caused in whole.orin
part. by Grantee, its agents, employees, partners, or. subcontractors; provided, however, that the
Grantee shall not indemnify for that. portion ofany loss or damages proximately caused by the
negligent actor emission: of the Department;
ii. the Grantee's breach of this Agreement or the negligent acts.Or emissieni of the.Grantee,
b.- The Grantee's obligations under the precedingparagraph with.reSpect to any legal actionare contingent upon the
Department giving the Grantee. (1) written notice of any action; (2) the opportunity la take
over and settle or defend any such action at.Grantee's sole expense; and (3) -assistance in defending the action at
Grantee'ssole expense:. The .Grantee -shall not be liable for. any cost, e;cpense,.Orcomprorniseincurred or made.
by the Department in any legal action without the Grantee &prior written consent, which shall not be unreasonably
withheld:
c. Notwithstanding sections a, — b, above, the following:is.the sole:indemnification-provision. that applies to Grantees
that are entities : Each party hereto agrees that it shall be .solely responsible for the negligent or
Wrongful acts ofits. ernployeeS and agents. However, nothingcontainedherein shall Constitute a waiver by either.
party °fits -smith -Op iminunitybrthe provisions -of Section.768.28, FS, Further, nothing hereinshall be COnstrued
as consent by a state agency 'or subdivision of the State:o.fFlotida. to be sued. bythird parties Many Matt& arising
out of any contract prthis Agreement,
d. No provision in this Agreement shall require the Department to hold harmless. or indemnify the. Grantee, insure.
or assume liability for the Grantee negligencewajve the Department'..s sovereign immunity under the laws. of
Florida, or otherwise impose liability on the. Department for Whiehit would not otherwise be responsible. Any.
provision, implication pr suggestion to the contrary is null and void.
19. Limitation of Liability.
The:Depart:Merit's liability for any claim arising -from this Agieemetitislimited to compensatory damages in an amount
no greater than the sum cif the unpaidbalanee olcompensition due for goods Or Seivices tendered pursuant toand in.
compliance with the terms.of the Agteement. Such liability iS furtherlimited. to a cap Of$1110,000.
20. Remedies.
Nothing in..this Agreement shall be:construed to •make the Grantee -liable forforce majeure evonts. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit the Department s right to pursue its,
remedies for other types ordarnages under the .Agrcement, at law or in equity. The Departmentmay, in addition to
other remedies available to it at law orin .equity-andupon notice to the Grantee, retain such monies.from amounts due
Grantee as may benecessary to satisfy any claim for daniages, penalties,.costs-andthefilce.asserted by or against it.
21. Waiver:
The delay -or failure bythe Department to exercise or enforce any. of itsrighti.under this Agreement sliall.not conatititte.
or be deemed a waiver ortheDepartnient'S- right thereafter to enforce those rights, .nor shall 'anysingle.or partial
exercise °fatly such right preclude any other Or further -exert iSe.thereof Or the exercise .cif.any othetright.
22..Statutory Notices Relating.to Unauthorized Employment and.Subcontracts.
a. The. Department shall consider the employment by any Grantee of unauthorized aliens 'a violation of Section
214A(e)..ofthe Immigration .and Nationality Act if the Grantee/subcontractor-knowingly employs unauthorized
aliens; such violation shall be ose.t.b.ruitilateral cancellation of lb is. Agreement; The Grantee shall be responsible
for including this provision in all subcontracts With private.prganilations issued as a resultpfthis.Agreement.
b. Pursuant to Sections 287.133 and 287,134, RS., the Inn owing restrictions apply to persons placed on. the
convicted vendor list or the discriminatory -vendor hit;
i. Public 'Entity. Crirne. A person or affiliate who has been placed on :the. convicted vendor list
follewinga conviction for a public entityorime may not submit a biclipreposali or replkon a -contract
to provide anygoods or services to a :public entity; Maynot submit a bid, proposal, or reply on a
contract with aPubiic entity for the construction Or repair Of a Public-Infilding or public wink, may
not submit bids; proposals, or-repliesonleases ofrealpinputyth. apublic entity:may not be awarded
or perform- work as a Gratitte, supplier, subcontractor, or coniultant under a contract with any
entity; and may not. transact business With any public: entity . in excess of the threshold amount
provided in Section .287.017,.F.S., for CATEGORY for a period. of 36 nionthS'foll owing the
date ofbeing placed on the. convicted vendorliSt..
Rcv 112q18
Attachment.1
8 of12
ii. Discriminatory Vendors. Ari entity Di affiliate who has been placed .on the discriminatory vendor
list may not submit..a.bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal,. or. reply on a contract with a public entity for. the:
construction or repair of a public building or public work;. may not submit bids;; proposals,,or replies
on leases of real property to a public entity; may not be awarded or perform:work as a contractor,.
supplier, subcontractor, or consultant under a contract with any: public entity; and may not tranSaet
business with any public.entity.
:Notification. The.Grantce shall notify the Department if it or any ofits:suppliers; subcontractors; or
consultants havebeenplaced ori the.convicted vendor list orihe discriminatory vendoriistduring the.
life of the Agreement. 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 (85Q) 487-0915.
23. Compliance With Federal,:State and Local Laws.
a; The Grantee and all its agents shall comply with all federal; state and local regulations, including, but net limited'
to, riondiscriminatien, wages, social security, workers' compensation, licenses, and registration requirements. The
Grantee shall..include this provision in all subcontracts issuedas a result of this Agreement.
b. No person; on the grounds of race, creed, color, religion, national origin, age, gender, or disability,: shall be..
excluded from: participation in; be denied the proceeds or benefits.of; or._be otherwisestibjected to discrimination.
in performance.of this Agreement.
c. This Agreement shallbegoverned by and construed. in:accordance: with:the laws .of the State. ofFlorida.
d.. Any dispute concerning. performance of the Agreement shall be processed.as described.herein. Jurisdiction. for
any damages arisingundcr the terms of the Agreement will be in the courts ofthe •State; :and venue will be in the.
Second Judicial Circuit, in and kir-Leon County. Except as otherwise provided by law, the parties agree:to be
responsible for their own.attomey fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a, Grantee certifies that it is rot on. the Scrutinized Companies that. 'Boycott Israel List or engaged. in -a: boycott of
Israel. Pursuant to Section 287.135, F.S., the..Department'may °immediately teririinate this Agreement at its sole.
option ifthe the Grantee is found to have submitted a false certification; grit the 'Grantee is placed on the Scrutinized:
Companies. that Boycott Israel Listor is engaged in the boycott oflsrael during the term of the.Agreement.
b. If this Agreement is for more than one.million.dollars, the Grantee certifies that it is. also not on the. Scrutinized
'Companies with Activities in Sudan, Scrutinised Companies with Activities in. the Iran Petroleum Energy
Sector' List, or engaged with business operations' in Cuba.or Syria as 'identified in. Section 287.135,,.F.S. Pursuant
to Section 287.135, F.S:, the Department may immediately terininate this Agreement at its soleoption.if the
Grantee is found to .have 'submitted a false certification; or if the Grantee is placed. on the Scrutinized
Companics..with Activities inSadan List, or Scrutiiiized Companies with Activities. in. thelran Petroleum..
Energy Sector List, or engaged.with business operations, in Cuba or.Syria during the term of the Agreement.
c. As:providedin Subsection 287.1.35(8), F.S., if federal law ceases to: authorize.: these contractingprohibitions
then they shall become inoperative..
25. 'Lobbying and. Integrity.
The Grantee: agrees:that no funds received -by it under this. Agreement will be expended for the.:pnrpose of lobbying
the Legislature or a State agency pursuant to Section 216347,f .S., except that pursuant to the. requirements of Section
287.058(6),. F:S:, during the terns of any executed agreement between the Grantee and the State, the Grantee niay
lobby the .ettecutive Or legislative branch concerning the'scope of services, performance, term, or compensation
regarding thatagreernent. The Grantee shall comply With Sections 11.062:end 21.6:347, F.S.
26. Record Keeping.
The .Grantee.shall maintain books, records and documents directly'pertinent to performance under this Agreement.in.
accordance. with United States generally accepted accounting. principles (US! .GAAP) consistently applied. The
Department, the State,. 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 the completion date or termination of the Agreement.. in
the event that any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allot.
access to such records for audit purposes. Upon request of the Department's Inspector. General, or other authorized.
State official, the Grantee shall provide any type of information the Inspector General dcemsrelevant to the Grantee's.
integrity Or responsibility.Such information may include,. but shall not be"limited to, the Grantee's business or.financial
records, documents, or files of any type or form that refer to or relate to the Agreement. The Grantee shall retain such
Attachment 1
9. of 12
Rev: 1111/201'8
record.sfer the.longer Of:•(1.) three:years afterthe expiration:of the Agreement; or (2) the period required by the General
Records :Schedules maintained by the Florida Department of State (available at: littp://dosa yfforida.com/library-
•archives/records-managcmcntiaenerahrecords-sehedulest).
2:7, Audits.
•a. InSpector•General. The Granleetinderstands its:duty, pursuant teSeetien 20.055(5), F,S.; to cooperate with the
inspector general in.any investigation, :audit. inspeetion,..review, or hearing. The Granted.Will complY:With.this
dutyariciensitre that ita:.Stibcontracts isSued.nnderthis Agreenient,:if arty; impose this.requireinencin Writing, on
its sub-granteel;
b. Physical Access and Inspection. Department person neishail be given access to and ma.y • observe and inspect work
beingperformed under this:Agreement; with reasonablenoticeand duringuorrnat business hours, including by -any
of the. following methods: . .
i. Grantee :shall provide access to any location orfacility on whith.-Graritee is performing work, or
Storing or staging eqiiipment,Mateiials. or documents;
ii Grantee ...shall permit inspection of any facility, equipment, praCtiees; or operations required in
performance ofarty work piisuant tothiSAgreernent;: and,
iii.. Grantee shall allow and facilitate..Sampling and mentoring:Olany substances,. soils; materials,or
parameters et any kitatiOnrea,sonable Or necessary. to assore compliance 'with. any work .or legal
requirements. pursuant to this Agreement
Special Audit Requirements The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendmentthat authorizes a funding.increase or decrease shall include, art
updated copy of Exhibit 1, tO.Attachment 5. If •the Department fails to ptovidean Updated copy of Exhibit:1.10
include in each amendinent.that.authoriaes a funding:increase of decrease, the :Grantee shall request one from the
Department'iGrants Manager: The Grantee:shall Consider the type of finaneial.assistarice (federal anditfr state)
:identified in Attachment 5, Exhibit '1 and whetherthe torths- of Federal. and/or Florida Single-Andit Act
Requirements may fiirthei apply to lower tier transactions that inay be a.reSult:of this AgreeinCrit, For federal
financial asSistante,•the.GranteeShall utilize:the guidance providedUnder:2 CFR §200.330 .for deterinining :whether
dierelationShiprepre?ents that ofla subrecipient or vendor. For State:financial:assistance, the.Granteeshall.uttlize..
the form entitled'!Checklist for Nonstate Organizations Recipient/Subreeipient vs Vendor Determination" (form
number DFS -A2 -NS) that can be. found under llte.:"1,inits/For.ms" section appearing at.the: following.website:
https:\lapps.fldfs.com\fisaa,.
d.. Proof of Transactions.: In addition to documentation provided to support cost reimbursernent as described.herein,
the Department may periodically request -additional proof of airansaCtion to evaluate the.apPropriateness ofee§ts.
to the.Agreerrientpuituantto State:andTederal guidelines (inOluding coStalloCation guidelines)_ The Department
May :also. reqUett a cost alloeationplan in support of its multipliers (overhead, indirect, general .adiriinistrative
eostsi.and. fringe benefits). • The Grantee must:provide the proof within. thirty(30) calendar days ofstich
:request.
e No .Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with..fitnds from other *Funds fromeach agency nuistberaceounted for.separately„ Grantees
areprohibited fromconuninglingfunds on.either a program -by -program or a project -by -project basis Funds
specifically budgeted and/ovreccived for one project may not beused to support another project. Where :a
Grantee's,. or subrecipientls,..accounting system cannot eoniply With this requirement, the Grantee Or subrecipicnt,
shall establisha system to provide adequate fund accountability for each •project it has been awarded.
i. Lithe Department finds that these funds•have been -corhiningled, the DepartmentShall -have the right
to derriand a: refund, either*in whale Or in part,, of the funds provided to. the Grantee under this
Agreement fornon-compliance with.the materiattetins Of this Agreernent.T.ho Grantee, upon such
written. notification from the Department shall: refund, and. shall fOrthwith pay to the Departnient,
the' ;Mount of.moneydemande.d bythe Department. Interest oniany.refund shall be ealcnlatedbased
an the.proVailing rate used by the State .Board Of Administration. Interest: shall be calculated.from
the date(s) the original paytnent(s)..are. received from the Department by the. Grantee to the date
repayment is made by the Grantee to theDepartment.
ii. In tbeevent 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 and interest shall be charged -for. those recovered
costs as calculated on: from* the the iiayinent(s) are recovered by. the Grantee to the date
repayment is.madc to theDepartment
Attachment 1.
10 pf. 12
Rev. 7ii 1/2618
28. Conflict of Interest.
The:Grantee covenants that it prescrittihasno interest and shall not acquire anyinterest which wo.ulci.conflictin.any
Manner or degree with the perforniance of services required.
29. Independent Contractor.
The:Grantee is, an. independent contractor and is. not an. employee or agent of the Department..
30. Subcontracting:
a. Unless otherwise specified intheSPecial Terms and Conditions„ all services contracted for arc to be performed
solely by the Grantee and may not be subcontracted or .assigned without the prior written consent of -the
Departro.ent.
b. The Departmentinay, for cause, require the-replaccinent nf any Grantee emplOyee,.subcontractor, pr.agent. For
cause, includes; but is limited to, technicalortrainingcmalifications, quality ofwork, change insecurity atatus,
or hon -compliance with an applicable 'Department policy or other.requirement.
c. The Departinent.may, flit cause; deny access .to the D.epartment's secure information or any facility by any
Grantee emPloyee, subcontractor, or agent.
d.. The Departirient's actions under paragraphs b ore. shall •notrelieve.the*.Grantee Of its obligation to perform all
work in compliance with the Agreement. The. Granteeshall be responsible for the payment of all Monies due
under any .subcontract The Department:shall not be tiable to any subcontractor for any expenses or liabilities
incurred tuideranyisubcontract and the Graittpe..shaii be solely liable to the subcontractor for all expenses and
liabilities incurred under any stilicontract. . . .
e. The Department wilt not deny the Granteets-employees, subcontractors, or agentsaccess to meetings within:the
Depiartinent's fatilities-, unless the basis of the Department's -denial is safety.or security considerations,
f, The .Departnient.supperts diversity. in procurement prograttztand.requesta that all subcontracting opportunities
afforded bythis Agreetnentembrace diversity enthusiaSticalty. The: Mvard ofsubcontracts should reflect the full
diversity ofthe citizens ofthe State ofFlorida. A list of minorityowned firms that could be offered Stibetintractirig
opportunities may be obtaine.dby contacting the:Office of Supplier Diversity. at (850) 487-0915:
g. The Grantee shout -413e liable any excess costs fora .failtuc: to perform, if the failure. to perform is caused by
the default of a subcontractor at any tier, .and if the cause of the. default is completely beyond the -control Ofboth
the .Grantee and ,the subcontractor(s), rind. without the fault or negligence of either, uniesa:the .subcontracted
products or services were obtainable from other sources in sufficient .time .for.tho.Grantee to meet the required
delivery- schedule.
3 1. Guarantee. of Parent Company.
If the Grantee is a.Stibsidiary *of anothereorporatiO it or otherbusiness entity, the Grantee:asserts' that its parent company.
Will guaranteelll of the.obligations of the Grantee.forpirrpoSea.of fulfilling the obligatieris of-the...Agreement. In'the.
event the Grantee issold during the period'the Agreement is in effect, the Grantoe:agrees that it:willbe a requitement
.ef sale that the newparent company guarantet. Of the.:obliigions of theGrantee.
32. .SurViyal.
The respective:.obligations of tbe-parties, which by their nature would continue beyond the. tertnination.or'expiration.
of this Agreement, including without limitation, the obligations .regarding ,conildentiality, proprietary interests„,.and
public records, shall survive termination, cancellation; or expiration of this Agreement.
33. Third Parties.
The,. Department shall not be.deemed to. itsStima any. liability for the acts, failures to act or. negligence nf the- Grantee,
its agents,:servants, and employees, nor shalltheGraritee disclaim its-ownnegligence-to the Department -or any. third.
Party. This Agreement does notlind isnot intended to conferany rights or remedies upon any person other than the
parties. if the -Department consents tos'a•subdontract, tht. Grantee wilfspecifically disclose :that this Agreenient.does
not create any third-partyrrights.. Further; no third patties shal Irely upon .any of the rightsand obligations created. under
this Agreement,
34. Severability.
If a court -of competent juriachction -deems any term or condition herein. void or nnenforceable, .theother provisions
are severable to -that void:provision, and shall remain in fullforce and effeet.
35. Grantee's Employees, Subcontractors and Ageots:.
All Grantee mriployees, sithcontractors, or agents perforrning..work.under the Agreement shall be .properly.trained.
technicians who meet or exceed any spetifiedtraining qualificatiOns. Upon request, 'Grantee Shall-fliruisb.a copy of
technical certification or otherproof of qualification; All entployees, subcontractors, or agentperformingwork under
the Agreement-milsreomplywithall security :and adninistrative requirements of the Department and shall comply
with all controlling laws and regulations.relevant to the services they are providing under theAgreernent.
36. Assignment.
Attachment 1
11 of 12
Rtvz 71.11/2018.
The Grantee shall not sell, assign, or transfer any.of its rights, duties, or obligations under the Agreement, or under
any purchaseorderissued pursuanito the Agreement, withoutthe prior written consent of the Department: In. the.event
of any:assib menta the -Grantee fernainS secondarily liable for performance of the. Agreement unless the Department.
expressly waives such secondary liability: The Department may assign the: Agreement:with priorwritten notice to the
Grantee 'of its intent to do s�.
3.7. Prohibited Local Government Construction Preferences.
Pursuant to -Section 255.0991,:5., for a:competitive solicitation for construction services in. which 50 percent (50%)
or more of the cost will be -paid from state -appropriated funds: that have.been appropriated. at the time ofthe competitive
solicitation,. a state college, county, municipality, school district, or other: political subdivision ofthe State may not use
a local ordinance or regulation that provides a preference based upon:
i. The:contractor's Maintaining an office or place of business within a particular local jurisdiction;
ii. Th&contractor's hiring; employees or subcontractors froth within a.Particular local jurisdiction;or
The contractor's prior payrncnt.of local fazes, assessments, or duties within a particular local
jurisdiction.
For any competitive solicitation that meets the criteria of this section, a state college,. county; municipality, school
district, orother political subdivision of the state.shall disclose in the solicitation: document that any applicable local
.ordinance. or regulation. does not include any preference- that: is prohihited,by this section.
38.. Prohibited GovernanentatAetiona.for.,Pnblic Works Projects,
Pursuant to Section 255.0992, F;S: state and political subdivisions that contract for public works projects are
prohibited from imposing restrictive conditions. on certain contractors, subcontractors, or material suppliers and
prohibited from restricting qualified bidders from submitting bids.
:a. "Political subdivision" means: separate agency or unit of local goveminent created or established by law or
ordinance and .the officers thereof. The terra includes, but is not :limited: to, :a county; a city, 'town, or other
municipality; or a. department, .commission, authority,. school district,. taxing district, water management district,:
board, public corporation, institution Of higher education, or other public agency or body thereof authorized. to
expend public funds for construction, maintenance, repair or:improvement of public works.
b. "Public works project." means an activity of which filly percent (50%) or more Odle. cost will be:paid from state -
appropriated funds that were appropriated at the time of :the. competitive • solicitation and which consists of
construction; maintenance;repair, renovation,retriodelingor improvement of a builduig;road, street, sewer; storm
drain, water system; site development, irrigation system.; reclarnationproject, gas ot electrical distribution system;
gas. or electrical substation;. or other facility; project, or.portion thereof thatis owned in whole orin. part by any
political subdivision:
c: Except as required by:federal Or state law, the 'state Or politiCal sub.divisiciti that contracts for a public wOrks. projett
May -not require that a contractor, subcontractor'or Material Supplier -or carrier -engaged in suchproject:
i. Payeinployees a: predetermined amount .of wages orprescribe anywagerate;
ii. Provide employees specified type,. amount, or -rate. of employee benefits;
iii. Control, limit; or expand staffing; or
iv. Recruit,. train, or hire employees from designated; restricted, or single source..
d. For any competitive solicitation that ineets the criteria of this section; the -State or political subdivision that.
contracts. for a public works project:may notprohibit any contractor; subcontractor,: or material supplier. or carrier
able'to perform such Work who is qualified, licensed, or certified as required:by state law to perform such work
from submitting a bid. on the public works project, except for.thosewendors listed cinder Section. 287.133 and
Section 287:134; F.S:
e. 'Contracts executed under Chapter 337, F.S.: are exempt from these prohibitions.
39, Exceutiun in Counterparts anti Authority to Sign.
This Agreement,. any amendments, and/or change orders related to the.Agre.emcnt, may be executed in counterparts,.
each: of which shall be original and all of which shall constitute- the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so •and to bind the respective party to the Agreement.
Attachment 1
12 (4'12
Rev. 711112015.
STATE.OF FLORIDA
DEPARTMENT -OF ENVIRONMENT/ill, PROTECTION
GRANT AGREEMENT
SPEC7,41, TERMS AND. CONDITIONS
AGREEMENT # MV312
ATTACHMENT 2
These Special Terms and Conditions shall be read together Wjih. general terms outlined in:the:Standard Terms and
Conditions; Attachment 1. Where in conflict, these more specific terms shall apply.
1. S Cope. of Work:
•The.Projeet funded under thisiAgram.erit is Conduct puinp-ourbOat.operatiens for resident and transientboateis in
Clearwatcr.Harbor... The Projectis defined-in:more. detail in theAttachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement -Period..
'The reimbursernent.period for this.Agreemerit begins upon execution through September 30, 2020, which shall be
.defined as the -Project Completion Date: All work, eligible for underthis Agreement, musfbe
Completed byrtheProjett Corripletioni Date.
b. Extensions. There are extensions available.for this. PrOject,
c. .Service. Periods: Additional service period S are licit authoiiied under this Agreement
3. Payment Provisions.
a. Compensation. This is a. agreement The Graptee.shall.bc compensated under this Agreement as.described
in Attachment -3.
b. Invoicing. Invoicing..willoccur as .described in. Attachment 3,
c. Advance.Pay.. Advance.Pay is nor authorized under this Agreement.
4.. Costs Eligiblafor ReunbursementorMatching Requirements...
Reimbursement fortosts or availability for costs to meetinatehingreqUiretnerits shall belimited to the following btidget.
categoriet„ as clef-m.6i in -the -Reference Guide for State Expenditures, as indicated:
Reimbursement Match. Category.
• Salaries/Wages
Overhead/Indircet/General and Aclininistrative Cests:
• a. Fringe Benefits, N/A.
O b.. Indirect Costs, N/A.
O 0 Contractual (Subcontractors)
O Travel
.• EquipMent
o 0 Rental/Lease of Equipment.
gl Miscellaneous/Other Expense's
O Land Acquisition
5., -Equipment; Furehase
No Equipment purchases shall be funded:under this Agreement.
6. Land Acquisition
There wjll be no Land AcqUisitions funded under this Agreement
7. Match Requirements
The.Agreement requites. at least a 2.5%.mateb on the:part of the. Grantee. Therefore, the Granteeis responsible for
previding.S4,p00.0() through cash or third party in-kind towards the work funded under this Agreement.
Attachment 2, Ageornantii..Mv312
1 of 2 Rev. 12/13117.
The Grantee may claim allowable. project expenditures. made.upen execution or after for purposes'of meeting its
.thatch rcquirementas identified above.
Each payment request submitted shall document all matching funds and/or match efforts (i:e.,. in-kind services)
provided'Miring the period covered by each request. The final. payment will not be processed until the match
requirement has been met.
8. Quality Assurance. 1 equirements
There.are .special Quality Assurance requirements under -this Agreement
9. Additional Lobbying Requirements for'Federally-Funded Agreements
Referto Attachment 8'.
10. Miscellaneous Contract Terms
a}. Retainaee.
No retainage is required underthis Agreement
b) Subcontracting.:
The: Grantee.may subcontract work under this Agreement Without the prior'ivritten consent.of the
Department's. Grant Manager except for_certain fixed-price:subeentracts pursuant to. this Agreement; which
require prior approval..The Grantee shall submit a copy of the subcontract to the..Departinent poor
to.subnutting any invoices for subcontracted work... Regardless of any subcontract, the Grantee is uitimately
responsible for all work to be.,performcd wider:t is, Agreement
c) State-owned land.
The work _notbe. performed.on State-owned:land.
11. Additional Terms
Anl• Ionia deified holy mtis't be (tJ)).Y)t'i d b)Y this Q.Ilice qt. Cr''iu ra! (.'orul:s°c>!.
Attachment2, Agreement # MV312 7 of")Rev. 12/I3/17
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
CLEAN VESSEL ACT GRANT PROGRAM
DEP AGREEMENT #: MV312
ATTACHMENT 3
PROJECT TITLE: Clean Vessel Act Grant; CVA1891, City of Clearwater ("Project')
PROJECT LOCATION: 25 Cailseway Blvd., ClearWater, FL, 33767 ("Project site")
TASKS AND DELIVERABLES
Thefollowing is a schedulerif tatics/deliVerableSandbudget detail for the completion of the tasks required:to complete
this. Project Payment may be -requestedupon Sarni:Mien:review, and apprOvallefthedeliVerables assigned to each
task.
Permits
The Grantee is responsible for .obtainingall state and local. permits and .approvalsrequired:for installation and
operation of pumpout equipment prior to commencement of this Project. Copies of :permits; letters of permit
issuance, and insPeetions-reports, as applicable, will need to be submitted to the: Department before .the Grantee
commences any work on the subsequent pennit-related tasks/activities below.
Task. 1: Maintenance and Repair
The Grantee is responSible for maintaining the pumpout according to manufacturer's specifications. and providing
anyteceSsark repairs. ThiSiteludes pubdpOitt Vessel -motor service, bottom cleaning, and bottom painting:
Deliverables.:. COmpletion.of task.asevidetteed by submittal of a .1iSt ofmaintenance or repairs made to the.
pumpout equipment and--cOpies of paid maintenance/repair receipts:
performance:Standard: The Department's Grant Manager will review all deliverables.associated with this task to
confirm that. the necessary maintenance and/or repait(s.). wetc.completed.
Task Deadline: August 1, 264
Budget:
Allowable tests for this task.are for Salaries/Wages;. Miscellaneous/Other Expenses.
Task -2: Operations ofEquipment
The Grantee shall operate each pumpout facility or dump station funded under this Agreement in accordance with
this Agreeinentancl a Pumpout Station Operational Plan,: the details of which arebelow. Ptunpout facilities must be
designed and Operatediti accordance with.stateafid -local health regnlationS.
• Pumpout Station Operational Plan:. Grantee will complete a:Pumpout Station Operational Plan that specifies
.hours of operation; maintenance Principles, methods: to. determine- volume almaterial pork:fed, including the
:Use *of flpwineters as May be necessary, andassurances that thepunipoinfacility, pumpout vessel, 'or dump
Station Will be used solely for thecollection ofrecreatidrial boat sewage.
• Daily Pumpout Loa Sample: The Grantee WiltalSe..stibmit a puinpOut log sample, which. shall provide for
:how the GranteeWill track, on a daily basis, .vessels :piunped,. total gallons :puinped.per Vessel,. out of State
vessels, fees•-colleeted, and maintenance costs. The actual daily log IS not. required-m..13e 'Submitted to the
Department. completion date.
Attachment 3, DER Agreement-# MV312
Page 1 of 3 Rev.. 8/28117
• Quarterly Purnpout Report: The Grantee will.also complete the quarterly punipout'report in accordance with
the Project -Specific Requirements, paragraph B.C. beginning tiponthe first quarter of operations.
Deliverables: Completion of this taslcas.evidenced by submittal .ofa copy of the Pumpout Station Operational
Plan, pumpout log sample, and quarterly pumpput report(s).
Performance:Standard: The Department's Grant Manager will review the Pumpout Station Operational Plan,
putnpout log sample; and quarterlypumpout report .to; confirm that the Grantee is :operating in accordance with this.
task and the Agreement.
Task Deadline: August 1, 2020
Budget;
Allowable costs for this task are for Salaries/Wages'.
CVA TASK BUDGET TABLE:
Miscellaneous/Other Ex. enses
SALARIES/WAGES;BY TASK: Salaries for personnel, if listed below, shall :only be reitnbursed for salary
rates. and hours spent on the Project. The Grantee shall not be reimbursed for multipliers (i:c., flange .benefits,
overhead, indirect,. and/or general and administrative rates)_ Cost Reimbursement is based on direct salary rates
with the maximuinlallowable rate per hour.indieated below: Salaries/Wages reimbursement requests must
include: (1) list of employee position title%lassifications; (2) hourly rate; (3) the specific dates fortune worked;
:and, (4):nuniber of hours.worked per position title classificationby date and total..
Tradesworker
Tradesworker Su rvisor
S17.89
$19.83
559
I00
$10;000.51
$1;983.00
$0.00
50.00
50.00
50,00
PROJECT BUDGET SUMMARY: Costreimbursable grant fiiudingmust not exceed the category totals for the
project as indicated below.
S alarics1 W ages Total
$ 10,500.0.00
�pk„. atth.... unduig+,
5 3;500.000
Attach men t 3.. DEP Agreement: # MV312
Paget of 3
Rev. $/28/17
Miscellaneous/Other Expenses Total
$ 1.500.000
$ 500.000
,,::,..... .... ...,..:Tot_ .. _ ......
- .::$it400 ,,
- - -$4;000A1.0.:.�=�>':;'ts:;;:
, _: TotatPro"' etCast ?_ '<?.::>::::'' ::
_ . :-:
_
6,00.0:110: '::;:;= •`: ;?<_`:, :; :::s_ ;::>`; "-
..,.......:......:...:.
:.:..:.. .................Percentage_ atch ..
:,...,......75 0._..:,...:,,:.,:..... ,.-:..._:.:_:•.,:;:::-:•,::
•REMAINDER OF:PAGE INTENTIONALLY LEFT BLANK.
Attachment 5,' DEP Agreement # MV312
Page 3 of 3
Rey_ 8/28117
DEPARTMENT OF. ENVIROMENTAL PROTECTION
Public ReCords Requirements
Attachment 4
1. Public Records
a. it the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf ofthe
Department in its performance of services under the. Agreement, the Grantee must allow
public access to all documents, papers, letters, or other material, regardless of the physical
form, characteristics, or means of transmission, made or receivedby the Grantee in
conjunction with the Agreement (PublicRecords), unless the Public Records are exempt
from section 24(a) of Article:I of the Florida Constitution or section I 19.07(1), F.S.
b. The Department may unilaterally terminate the Agreernentjf the Grantee refuses to allow
ptiblic Access to Publ ie. Records as required by law.
1 Additional Public Records Duties of Section 11907.01, FS, If Applicable.
For the purposes of this paragrapht the term "contract" means the. "Agreement." If the
Grantee is a "Contractor" as defined in Section 119 0701(1)(a), FS., the following provisions
apply:.
a. Keep and Maintain Public Records required -by the Department to perform the service.
b. Upon request provide the. Department with.a copy ofrequestedPublic Records or:allow the
Public Records to be. inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, F:S„ or as otherwise provided bylaw.
c. A contractor who fails to provide the.Public Records to the Department within.a reasonable
time :may' be subject to penalties under section 11.9.10, FS.
d. Ensure that Public Records that.are. exempt Or confidential and exempt from Public Records
disclosure requirements are not disclosed except as authorized by law for the duration of the.
contract term and following completion of the 'contract if the contractordoes not the
Public Records to the Department.
e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in
possession. of the contractor or keep and maintain Public Records required by the Depaiticent
to perform the service. If the Contractor transfers all Public Records to the Department Upon
completion of the contract, the contractor shall destroy any duplicate Public Records that are
exempt or confidential and exempt from Pnblicitecordsdisclosure requirements. If the
contractor keeps and Maintains.Public:RecordS. Upon completion of the contract, the
contractor Shall •meet all applicable requirements for retaining Public Records. All Public
Records stored electronically must be provided to the Department, upon request from the
Department's.eustodian of Public Records, in •a fortnat'specified bythe tkpartineht as
compatible with the information technology systems of the Department, These formatting
requirements are satisfied by using the data formats as authorized inthe contractor Microsoft
Word, Outlook, Adobe, or Excel, and any software formats the contractor is. authorized to.
access.
I, IF THE. CONTRACTORHAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119; F.S., TO THE CONTRACTOR'S
D.UTY TO PROVIDE PUBLIC RECORDS RELATING TO THE
CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF
Attachment 4, DEP Agreement No. MV312 Page 1 of2 Rev. 5/26/17
PUBLIC RECORDS AT:
Telephone:
Email:
Mailing Address:
(850) 245-2118
Dublic.services@dep.statell.us
Department of Environmental Protection
ATTN: Office of Ombudsman and Public
Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachtridnt 4, DEP Agtekrittelit Na. MV312 Pagel of 2 Rev: 5126/17
'ATTACHMENT'S
• SPECIAL AUDIT REQUIREMENTS
Tlie:adrhinistration of resources awarded bythe Department of Environmental. Protection (which may be referred to
. as.ihe "Department", "DEP", "FDEP" or "Grantor`; or other name in the contracl/ag •eement) to the recipient {which
may he referreid to as the "Contractor", Grantee' or other name in ihe''contract/agreenient) Maybe subject -to audits.
and/or monitoring by th. Departmcnt of Environmental Protection, as. described.in:this attachment.
MONITORING
In -addition to reviews of audits conducted in accordance with. OMB Circular A-133, as revised, 2 CFR Part 200,.
SubpartF, and Section 215.97, F.S., as. revised (see:"AUDITS"below), monitoring procedures may include, but not
be limited to, on-site visits by De}iartrrtent staff, limited scope audits as defined by OMB Circular A-133, as revised,
and 2 CFR Part 200, Subpart F, 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 Departtbeiit •of
Environmental Protection. In.the event the Department ofEtiviroiiniental Protectiou determines that a limited scope.
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Departmentto 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 partis applicable if.the recipient:is a State or local government or anon-profitorganization.as. defined in OMB
Circular A-133, as.revised.(for fiscal year start dates prior to December 26, 2014), oras defined in 2 CFR §200..330
(for fiscal year start:dates after Decernber 26, 2014).
1. In the event that the.: recipient,expends $50.0,000 ($750,000. for fiscal year start dates after December 26,
2014) or more in Federal awards .in its fiscal.year, the recipient must have..a single. or program -specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised; and 2. CFR Part 200,
Subpart F. EXHIBIT 1 to this Attachment indicates Federal. funds .awarded through the Department of
Environmental Protection by this Agreement. In determining the Federalawardss expended in, its 'fiscal 'year,
the recipient shall consider all sources of. Federal awards, including. Federal resources received front the
Department ofEnvironinentai:Protection. The determination ofamounts of Federal :awards expended. should
be in accordance with the guidelines established by OMB Circular A-133, as:revised, and 2 CFR Part 200,
Subpart F. An audit of the recipient conducted. by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, and 2. CFR Part 200; SubpartF, will meet the requirements .of this part_
2. in connection with the 'audit requirements addressed in. Part 1, paragraph 1, the.recipient shall fulfill the
requirements relative to auditcc responsibilities as provided in SubpartC of OMB Circular A-133, as.revised,
'and.2 CFR Part 200, Subpart F.
3. [f the recipient expends less than.S500;000 (or:$:750;000; as applicable) in Federal awards in its fiscal year,
an audit conducted iii accordance with the provisions ofOMB Circular A,133, -as .revised, and 2 CFR Part
200, .Subpart F, "stet required. In .the event that the recipicnt.expends less than. $500;000 (or $750,000;. as
applicable) in Federal awards in its fiscal year •and elects to have an audit, conducted in. accordance with the
provisions..of OMR Circular A-133; as revised, and 2 CFR Part 200, Subpart F the cost of theaudit must be
paid from non-Federal.resources (i.e., the cost of such an audit.must be paid from recipientreso.urcesobtained
from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
intcrnetat www.cfda.gov
Amid -mem 5. 1' Ics t of 4
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstatc- entity as defined by Section 2:15,97(2)(n), Florida Stamtes„
In the event that the recipientexpends total amount of state financial assistance equal to or in excess of
S750,009 in anyfiscal year of such recipient, the recipient must have a State single or project-specifie.audit
for such fiscal. year in -accordance-with Section 21597.„ Florida Statutes; applicable rules ofthe Department
of Financial Services; and Chapters 10.55.0 (local governmental entities) or19.45Q (nonprofit and for-profit
otganizatierts),.-Thilea of the Auditor General.. EXHIBIT .1 to this Attachtnent indicates state financial
assistance awarded through the Department of Enviropmental.Protectioriby this Agr.eement. In determining
the State financial assistance expended.in its. fiscal year; the recipient shall .consider all sources of state
'financial assistance; inch:ding:state finania1 assistance received from the Department of Environmental
Protection, :Other :State agericica„ and othernonatate. entities. State financial assistance does net inelude
Federal direct or pasS,through awards and resources received by a nonstate entity for Federal program
matching re.quiretnents„
2.. -In:connection With the audit requirements addressed in-Far.t.II, paragraph 1; the recipient shall ensure thatthe
.audit complies with the.requirements of Section 215.97(7), Florida Statutea. Thiainelurles submission of a
financial reporting package as. defined. by Section 115.97(2), Florida Statutes, and Chapters 101$9.(load
governmental entities) or 10;650 (nonprofit and for7profit organizations), Rules of.the.Auditor General..
.3. If the -recipient expends less than 5750,000 in state.financial assistance in its fiscal year, .an: audit conducted
in 'accordance with the. -provisions. ofSection.215.97,.F.MridaStetutet, isnot required, In the event that the
tecipient expends loss: than .$750,00.0 M. -state -financial assistance in its fiscal year and elects to have ari audit
Conducted in accordance 'with the provisions:of Section 215„97„Flerida Statutes, the cost of the audit must
be paid.from the ton-state.entitY'a resnurces.(i.C.,the.cost.of such an.audittrinst be paid from the recipient's
• reaources..obtained from other -than State entities).
4.. For information regarding the Florida:Catalog of State..Financial Assistance (CSFA), a recipient shouldaccess
the Florida. Single Audit Act website located at https;fiapp&fidfa.corn/fsaa for assistance. In addition to the
• above websites; the 'following. websites may be accessed for information; Legislatures Website at.
http:f/www.Iea.state.fl.usfWelcomc/indcx.cfm. State of Florida'sWebsite at httn://WwW.myflorida.cornt;
Department.of Financial Services' .Website at http:T/wwW.fidfstcoftil and the Auditor General's Website at
htto://www.mVflorida.condaudgen/..
PART- I fl: OTHER AUDIT REQUIREMENTS
(NOTEThis part would be used to.specify any.additional audit requirements imposed by the State awarding entity
that are,solely a matter of aid State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is -not in conflict withatherPederal or.State audit requirements). Pursuant ioSection 215.97(8); FloridaStatuteS,.
State agencies may Conduct or arrange:for audits of State. financial assistanee.that are in addition to audits.conducte.d
in .accordance with Section 215.97, Flotida-Stainte.i': In snailan event. the State awwding agency ?Mist arrange for
fundingthefidl cost .of sac's:additional audits)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits condneted in accordance,with 0m13 Circular A -I 33, as revised, and:
2 CFR art 201), Subpart. F arid required. 4y pARt I of this Attachment Alail be. sullinitted, when requiredlv
Section .329: (d), OMB Circular A-133, as revised, and 2 CFR Part 209; Subpart F.,.by or :on behalf of die
recipient directly to each of the following:
Attachment 5_ Page -2 Of 4.
A. The Department of Enviromncntal Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Proteeticth
Office of the InSpeetor:General, MS 40
390 Commonwealth Botileyard
Tallahassee, Florida 3239573006
Electronically:.
FDEPSingJekeditadeo.state.fhus
B. The Federal Audit Clearinghouse tiatignated in OMB Cireular A-133, as revised, and 2 CFR §200.50 I (a)
(the numb& tif copies required by Sections 320 (d)(1) and (2),. OMB CirCular A-133; is revised,
and 2 CFR §200.501(a} 'should be Sithmitted to the Federal.Audit Clearirighoutc),. at the following
address:
c.
Federal Audit Clearinghouse
Bureau of the Census
1201 Ejst 10th Street
Jeffersonville, IN 47132
Submissions :of theSingle Auditreporting package.for fiscal periods ending oitOr after January 1,
2008; Must be stibmitteduting the.Fcderal Clearinghouse's Internet Data.Entty Systemwhich can
be foundat littp://harvester.eensits..Rov/facweb/
Other Federal agencies and pass-through entities in accordance with Scctions .320 (e) and (0; OMB
Circular A-133, as revised, and 2CFR §200312.
Pursuant to Section 320(0, OMB Circular A -I33, as revisedand 2 CFR Part 200, Subpart F, the recipient
Shall submit a dopy of the reporting packagedescribed in Section .320(c); OMB' Circular A-131, as revised,
and 2 CFR Parr 200,. Subpart F,. and any management- letters issued by theauditor, tO the Departincnt of
Environmental Protection at One thefollowing addresses:
By Mail:
Audit Director
Florida Department of Enyiromnental Protection
Office of the Inspector General; MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAtidit@dep.state: ft us
3. Copies.of -finaiacialreportingpaCkages reqUired by-PA.RI ll'oftliis Attachment -Shall be submittedby Or on
behalf ofthe.-.recipientdirectly 1oech fthe following:
A. The Departmentof EnYironinental Protection at one. ofthc 'following addresses:
By Mail:
Audit Director
Florida Department of Environmental. Protection
Office of the Inspector General, MS' 40.
3900 ComirionWealth Boulevard
Tallahassee; Florida 32399-3000
Attadtrricra Pag 1-orzt
Electronically:
FDEPSingleAudit(aldep.state.fi.us
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 3.2399-1450
4. Copies of reports Or management letters required by PART cif this Attachment shall be suhrriitted by or
on behalf of the recipientdirectly to the Departthent of Eriyirontriental Protection at one of the following
addresses:
By Mail:
Audit Directrir
Florida Department Ii=i1 Environmental Protection
Office of the Inspector General, MS 40
3900 CommonwealthBoulevard
Tallahassee, .Florida. 323993000
Electrcinically:
FDEPSinaleAudia,dep:stateitus
5, Any reports, management letters, ar other information required to .be Submitted to the,Department of
Environmental Protection pursuant to this AgreementShall be submitted timely in accordance with OMB
Circular A-133., as revised, and :2 'CFR Part 200, Subpart F, Florida.:Statotes, or Chapters 10.550. (local
governmental entities) or 10.650 .(nonprofitand for-profit organizations), Rules of the Auditor General, as
. applicable.
6. Recipients, when-siibmittint financiaLreporting paekages to the Department of•EnYironmental ProteCtion for
audits' doneinaccordance- With OMB"Citeular A-133, asieVised and.2 CFR Part 200, Subpart F, or Chapters
10.550. Peal governmental efititieS).br.1.01650 (nonprofit and for-profit orgathations), Rides of the Auditor
General, should indicate the-date:that thereriorting Package Was delivered to thei-cCipient in correspondence
accompanying the reporting package.
PART V:.RECORI;) RETENTION
The.,recipient.shall retain sufficientrecords demonatrathigits compliance with the terms of this Agreement for a period
of:5 year§ from the datethe audit report is issued, and shall: allow theDepartment of Environmental Protection,. or its
.designee, Chief -financial Offieet;or AdditorGeneral, access' t� Such records UportrequeSt. Thetetipient shall ensure
that audit working papers, are. made. available to the Department of Environmental Protection,. or its designe.e, Chief
Financial Officer, or.Auditer General upon request for a period' of 3 years from the date the audit report is' isstied,
unless extendedin writing by the Department of Envirandiental ProteetiOn.
.REMA1NDER. OF PAGE INTEM'1ONALLY LEFT.BLANK
A Etaehment 5. Page 4 Of 4
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TOTEM AGREEMENT CONSIST OF THE FOLLOWING:
Federal .Resources Awarded to the Recipient Pursuant to this Agreement Consist of the. Following:.
Federal Program
•Nutiiber
Federal Agency
CFDA
Number
CFDA Title.
Funding Amount
State
Appropriation.
Category
Original
.Agreement
US Fish & Wildiife Service
15.616
Clear: Vessel Act
• $12,000:00
1401.22
State-Resourees Awarded to the Recipient Pursuant to:this Agreed -lent .Consist of the )!ollowinn Matching Resources for Federal Programs:.
Federal Program.
.Number.
Federal Agency
CFDA.
CFDA Title
.Funding Amount
.State
Appropriation
. Category.
State
Appropriation.
Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist ofthe Followiing Resources'S.ubject to Section 215:97; F.S.:
.State. Program
•NumberState
Funding'Source
Fiscal' Year
CS FA,
Number
CSFA Title
or
Funding Source Descrption.
Funding Amount
State
Appropriation.
Category
Total Award $12,000.00
For each program identified above, the: recipient:shall comply with the prograin requirernents describedin the Catalog of Federal Domestic Assistance (CFDA)
[www,cfda.gov] and/or the Florida Catalog of State Financial. Assistance (CSFA) [https://apps;fldfs,coal/fsaa/searchCatalog.asoxj. 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.
Page lof1
ATTACHMENT 6
STATE OF FLORIDA
•DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM -SPECIFIC REQUIREMENTS
FOR THE CLEAN VESSEL ACT GRANT PROGRAM
t. Purpose.
The primary goal of ttl.c. Clean VesselAct (CVA). is to reduce overboard sewage discharge-frorn recreational boats by
providing.pumpotit and dump stations for recreational boaters to dispose of human waste in an; enyironmentally.sa:fe
manner. The: purpose of the CVA Grant. Pregrarn. ('Program") is to establish or restore -ptunpoutfacilities that are
operational and accessible to the general boating public for the useful life of the .facrlities. The Program also provides
educational materials ferboaters on the. ha7Rrds of boater sewage, when applicable.
2.. PUmpout:Station Operation Plan.
The -Grantee shall operate each pumpout facility .or dump station iiinded.under this Agreement so that it is 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 tbc. period of time- set forth in the
Agreement.. The Grantee wili. conduct operations of the pumpout,.facility; pumpout vessel, or dump stations in
accordance with tbe. PumpoutStation Operational Plan, available for :download from the : Department!'s Clean Vessel
Act Program website (see Exhibit 1 ofthis Attachment). Pumpout vessels.arc to be used sole[y for the collection and
hauling arecreational boat sewage.
3. Program Guidelines.
Mc -Agreement shall be performed in accordance with the..Federal CVA Grant Program Guidelines (50' Codea
Federal Regulations (CFR) Parts 80 and 85) which .are.berehyineorporated by reference as if fully set forth bereim
The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state &fecal permit.
will be issued fora.particular activitY.. Further, the Grantee agrees to ensure that all necessary permits are obtained
priorto implementation of'any grant -funded activity lltet may:fall under -applicable. federal, state or local laws:
4: Reporting.Requirements.
Soma CVA-fundedPrOjects have a five (5) year reporting.requirentent.. If required. by Attac.hment3:,. the Grantee shall
provide a quarterly pumpout report (available.online at the Department's Clean:Vessel Act Program website, listed in
Exhibit 1 of this Attachment, and hereby incorporated by reference) in accordance with the requirements and
timeframes set forth in Attachment 3. hi addition..to the Obligations. listed in Section 32. of Attachment 1 Of this
Agreement,the reporting obligations 'of the Grantee hrthis Section, shall survive expiration of this Agreement for five
rays from the date..of completion pf the .Project..
5. Fees. for PumpoutServices.
Pumpout facilities,.pumpout vessels, or dump station services will be provided free of -charge or for a fee 'lotto exceed
S5 per Vessel. Fees greater than $5 require prior written cost justification approval by the .Department. If ptunpout
fees are collected, such proceeds. shall be accounted for, and must be:deducted from any reimbursement requests
submitted by the Grantee for 'expenses .associated with conducting operations and maintenance actiVities„ An
accounting Of allfees Collected WillbeproVided on the qiiarterly pumpout-report desoiibed in AttichMent
6. Project Completion Certification.
Projectcompletion means the-prejectis open and available:for rise by thepublie..Projectmust he designitedeoinplete
prior to release -of final reimbursement. 10 order to certify Completion,. the Grantee shall submit a.Completed and signed
Pumpout Project Certification of Completion (available Online at the Vessel Act Prograni website.
(see Exhibit 1 of this Attachment), and hereby incorporated by reference)witb finalinvoiceto, the.Department.
Attachment
1 of 3
9/224017
-7. Program Crediting and Signage:
The Grantee should dis}ilay the.appropriatepuinpoutsynibol on.fifeilities, such as_pumpout and portable toilet dump
:statioris, or on printed material or other visual representations relating to. Project accomplishments or
education/information.(50 CFR §85:43 and 50 CFR §85.47). Signage. specifications and erediting text:can be. found
online at the Department'sCleat} Vessel Act Program website (see -Exhibit 1 of t is Attachment).. Required logos and
graphics. cnust. be:requested from the Department; requests can be. made by email: Clcan.Vessel.Act(a)den.state:fLus,
by. phone: (8.S0). 245-2100, or through the Departtnent s :Grant Manager.
A. If specified in Attachment 3, the following. signage is required:.
i. One (1) .three foot (3') by. four -foot (4') sign of the:linemational Pumpout Symbol to be
located on a dock or on" land facing the waterway and clearly visible to boaters.
ii. One (1) informational sign,..to be posted in a clearly visible. location adjacent :to the
puntpout equipment,. must state: fees, restrictions, hours of operation, operating
instructions, an operator.name and phone:number, emergency phone numbers forreporting
serviceproblems, and.inchide the following:statement:
"Funded itipatt by the.US. Fish and Wildlife Service; Clean Vessel: Act through
the Florida Department of"Etivirontiiental•Pkitectiori."
$. if required by Attachment.3; all other printed materials or visual. representations. related to the
Project; includuig education an d.instrdctionalinaterials shall include the following statement:
"Ftmdedin.part,by. the:U.S. Fish and Wildlife Service, Clean Vessel Act through -the Florida
Deparhnent of Environmental Protection."
8. Project Required.Submittals'and Requirement$.:
The following: documents..are required submittals under this Agreement." Failure: to provide -any of the.following in
the timeframes provided may result in denial ofreimbursement.request.. These. provisions also:representrequirements
under this Agreement.that must be complied with for the term of this Agreement: Referenced documents and plantlog
sheet samples are available online at the Department's Clean Vessel Act Program. website (see Exhibit 1 of this
Attachinerit).
A. The Grantee shall submit a'copy of.execdted subcontracts withintten(10) days aftercxeaution.
B. In addition to: the detailed supporting documentation.required for. reimbursement: as described.the:
Agreement,. the Grantee shall, with the filial reirdbursement.request, submit all of the following:_
1. A completed and' signed Pumpout Project "Certification of Completion 1?brm to be
Submitted with the final invoice.
2. Photographic documentation that the Grantee has completed the appropriate program
crediting and signage as required under this Agreement.
3. Quarterly -Progress Reports (Exhibit A).
4. As. described in the appropriate Tasks/.Deliverables in• Attachment 3; .a. pumpout.log
sample, which shall provide for daily logging of vessels pumped, total gallons pumped per
vessel,: out:of state_vessels, fees collected, and maintenance. costs, The actual daily log. is
not required to be .submitted to the Department: However, the.Grantee.must keep the. logs
as backup documentation for five (S).years. following -the Project completion date.
5. As described in the appropriate Tasks/Deliverables in Attachment 3; a ?umpout Station
Operational Plan that specifies. hours. of 'operation, maintenance principles, methods in
deten lining v.oluiiie• of material pumped including the use of flow meters as may be
Attachment 6
•2`of3
Rev. 942/2017
necessaty, informational/Cducational materials 011 pumpout operation and assurances that
the putapput fadiity, pumpout vessel, ordumpstation will be used solely for the collection
of recreational boat sewage.
C. In addition. to the subinittal requirements identified above; the Grantee is required to submit.
.Quarterly hutment Reports (available .for download from the Departinent'S Clean Vessel Act
Program website, listed on Exhibit 1 of this Attachment) when oneotboth of the follewing apply.
t.
1. As desciibcd in :the. Tasks/Delivcrables Attachment .3, when;the. Project includes the.
purchase and/or. installation of pumpout equipment, the Grantee is responsible for
submitting Quarterly P.umpout Reports . for a period of five (.5) .years. The -five. (5) year.
reporting period begins upon.the receipt of the Certific.ate of Completion and submittal of
the final invoice, and the Quarterly Pumpo.ut Reports are due every quarter thereafter for
the neict-five.(5) years.
• 2. As described. in the' Tasks/Deliverables .Attachment- 3, when the ?inject includes
opetatiOns and/or Maintenance and repair,. the Grantee is respOnsible for submitting
Quarterly Pumpout ..Reports every quarter beginning upon execution Of this. Agreement
more specifically the first quarter of operation's, through the expiration ofthia Agreement.
9. State Funds (FIND),
If this Agreement inchideaFletida Inland Navigation District(FIND) funding; the following provisions aIso apply:,
A. FIND Rules.
The. Agreement shall also: be performed in accordance with the rules gOveming the FIND
Cooperative Assistance Program (Cliapter 6613-1, F.A.C.), which are hereby incorporated by
reference as if fully set forth herein..
B. FIND Signaae Requirements.
Notwithstanding. there.quirements above, all ofthe signage requirements and other printed materials
or visual representations related to the Project, includingeducation and instructionalmatetials must
include the following Statement:
"Funded inpart bythe and Wildlife SerViee, Clean Vessel Aetand Florida Inland
Navigation Distiict through the Florida DepartmentofEnvitoninental Protection.."
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment 6
3 of 3
Rev. 9/2232017
EXHIBIT 1
The following information.is available on the Department's Clean Vessel Act Grant Program website (Main Page:
littp://www.dep.statefl.ustelearimarina/CVA/default.htinj
Pumpout Station Operational Plan
Plan must include hours of operation, equipment maintenance .schedule; phone nuntber(s), emergency phone
number(s),puinpout operation directions; cleaninginstructions and VHF channels monitored. A Sample Plan is
available at: http:I/www.dev.state.fl.uslcleanmarina/CVA/documentslOperationalPlanExample.doe
:Quarterly Pumpout Report
For a period of five (5) years after completion -of the installation. of any pumpoutproject a Grantee is responsible.for
submitting quarterly pumpout gallon reports to the Department. You may email Pumpout gallon. reports may be
emailed to: Clean.Vessel.Act@.dep.state.fl.us or faxed to: 1-866-340-4683: The Quarterly Tumpout.Report may be
downloaded at
htip://wWw.dep.state.fl:usicleanmarinalcva/docurnents/20T7/cva03 5.vear quarterly Reporting Forrn.pdf
Pumpout:Protect Certification .of Completion
The Certificate of CompletionFonn must be completed and submitted with the final.invoice to the Department. The
form may be downloaded at
•http://www.dep.state:fi.us/cleanmarina/cvaidocuments/20'17/cva06 cert completion form.pdf.
Signage Specifications
Grantees are required to display signs to inform boaters about a.pumpout facility. Specifications are listed online at:
http://wW v.dep.state.fl.tis/cleanrnarina/CVAisians.htm aril the required logos may also be requested froth the
Department;
Contact -die Department's .Grant Manager or request the logos by:
Email: Clean.Vsel.Act@depstate.11.us
Phone: (850) 245-2100
Pumpout Losheets
Logs Must be kept as backup documentation for a. period of five (5) years. A Sample Purtipout Logsheet may be
downloaded at: http://www.dep.state.fl.tis/cleanmarina/CVA/dacumeints/2017fPumpaut Log jheet.pd£
REMAINDER OF.PAGE INTENTIONALLY LEFT BLANK.
Attachment 6
1 oft
:Rev. 9/22/2017
ATTACHMENT 8
Contract Provisions for DOI-Funded Agreements
The Department; as a Non -Federal Entity as, defined by . CFR 1200:69, shall comply with the following
provisions, where applicable. For purposes -of this Grant.Agreement between the Department and the Grantee,
the term "Recipient" shall mean "Grantee."
Fttrtlier; the Department, as a pass-through entity, also requires the Grantee to pass. on these requirements to
all lower tier subrecipients, and: to comply with the.provisions ofthe award, including applicable provisions
of the OMB .Unifortii. Guidance. (2 CFR Part. 200), and all associated terms and conditions. Therefore,
Grantees mustinclude these requirements in all related sabcontracts.andlor sub -awards. Grantees can include
these requirements by incorporating this Attachment in. -The related subcontract and/or sitb-awards, however
for all such subcontracts and sub=awards, the:Grantee shall assume the.role.of the. Non»Federal Entity and the
subrecipients.shalI assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
I, Administrative; Contractual: and Legal Remedies
The following provision is required.if the Agreement is for more .than $.150,000, In addition to any of the
remedies described in the elsewhere in the Agreement, if the Recipient materially Tails to comply with the
terms and conditions of this Contract,: including any Federal or State statutes, rules or regulations, applicable
to this Contract, the -Non -Federal Entity tray take one. or more ofthe following actions..
i. Temporarily withhold.payments pending correction of the deficiency by the
Recipient.
ii. 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 iu compliance.
iii. Wholly .or partly .suspend or terminate this Contract.
iv. Take,other remedies that may be .legally available,
The remedies identified above, donotprecludc theRecipient frombeing subject to.,debarmentand suspension
under Presidential Executive: Orders 12549 and 12689: ThcNon-Federal entity shall have the.right to.demand
:a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of
this Agreement.
2. Termination.for Cause and Convenience
Termination for Cause and. Convenience are addressed elsewhere iii tlie.Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of "federally assisted construction
contract" as. defined by 41 CFR Part.60-1;3:
During the performance of this Agreement,. the Recipient agrees as follows:
i. The RecipientwilI not discriminate against any employee or appl icant. for employinent
because.of race, color, .rcligion,.sex, sexual orientation, gender identity,.or national origin:
The Recipient wilt take affirmative action to ensure -that applicants are employed; and
that.einployeesare.treated during employment -without regard to their race, color, religion,
sex, sexual orientation; gender identity; or national origin. Such action shall include, but not
beiimited to the follo.witig:
a, Employment; upgrading; demotion, or transfer; recruitment or recruitnient advertising
layoff or termination;: rates of pay or other; forms.. of.conipensation; and selection for
training, including apprenticeship. The Recipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to:be provided setting
forth the provisions of this nondiscrimination clause.
ii.. The Recipient wili,in all °solicitations or advertisements for employees, placed by:or on: behalf
of the Recipient,. state that all qualified applicants will. receive. consideration for employment
Without regard to race, color; religion; sex, sexual orientation; gender identity.; or national
origin.
iii. The Recipient will not discharge or in anyother manner discriminate:against
anyemployec of applicant foreinployrnent because such employee or applicant has inquired
Attachment -8
1 of5:
Rev.. 6/30/17
about,.discussed, or.disclosed the -compensation oftheemployee orapplicant or
another employee orapplicant. This provision shall not apply to. instances in which
an employee -who has access to the compensation information of
other employees' or applicants as a part ofsuch employee's essential job functions .discloses
the compensation of such other employees or applicants. to. individuals who do not otherwise
have_ access to such :information; unless such disclosure is in response to a formal complaint
or:charge,.iti fit therance of an investigation, proceeding, hearing; or action, including an
investigation conducted by the employer, or consistent with the _Recipient's legal duty to
furnish information..
iv: The Recipient will send to. each labor union or representative of workers with which he has a
collective-bargaining agreement or other Agreement.or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Recipient's.commitments
under this: section;. and shall post copies of the notice in -conspicuous places available:
to employees and applicants for employment.
v. The Recipient:will:complywith all. provisions ofExecutive Order 11246 of Septeiimer24;
1965;.and of the.rules, regulations, and relevant orders:.of.the Secretary of Labor.
vi. The Recipient willfurnish all information.. and:reports required by Executive Order 11246 of
September 24, 1.965,: and by niles,,regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit accessxo his books, records; and accounts by
..the administering agency and the Secretary.of.Labor for purposes of investigationto. ascertain
compliance with such rules; regulations, and orders.
vii.. In the event of the Recipient's noricoinpliance with the nondiscrimination daises .of this
Agreement or with any of the saidrules, regulations, or orders,. this. Agreement may. be
canceled, terminated, or suspended in whole -or in part and:the.Recipient:may be: declared
ineligible.forfurther. Uovemmcnt contracts`or federally assisted construction contracts in:
accordance with procedures'authorized:in Executive. Order 11246 of Septernber 24, 1965, and
such_ other sanctions may be:imposed and remedies- invoked as provided in Executive Order
11246. of September 24, .1965, or by rt_ulc, regulation, or order of the Secretary of Labor; or as
otherwise provided by law..
viii. The Recipient will include the. portion..of the.sentence immediately preceding,paragraph (I)
'and the provisions'of paragraphs (1) through (8). in every subcontract orpurchase order unless
exempted by rules, regulations; or orders' of the .Secretary of Laborissued pursuant to section
.204 ofExecutive:Order 11246 61SePtember 24, .1965,.so that such'provisions will be binding
.upon each subcontractor or vendor: The Recipient Will take such action with respectto
any subcontractor purchase order as the administering agency niay direct as ameans of
'enforcing such provisions; including sanctions for noncompliance.
4. Davis Bacon Act.
If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient,.and if
required by the Federal Legislation, the Recipient must comply With the Davis -Bacon Act (40 U.S.C. 3141
3.144, and 3146-31.48) as supplemented by:Departnient of Laborregulations (29 CFR Part 5; "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed. and Assisted Construction"). In
accordance.witli the statute, contractors:must pay wages tolaborers and mechanics at a:rate not less than
thespecified in awwage determination made by the Secretaiy-of Labor. In addition,
contractors.rniist pay wages not less than oncea week. The Recipient must comply with the Copeland
"Anti -Kickback" Act (40-U.S.C. 3:145); as supplemented by Department of Label -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 Recipient or subrecipient must be
prohibited from inducing, by any means,.any person_ employed in .die construction,. completion, or repair of
public work; to give up any part of the.compensation to which he or sheis otherwise entitled.
5: 'Contract Work Hours and Safe Standards Act
Where applicable, if the Agreement:is *excess of $100,000.and.involves the employment of mechanics or
laborers, the Recipient rirust comply.with 40 U.S,C: 3702 and -3704, _as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S:C. 3702.of the Act, each Recipient must be required. to
compute the wages of every mechanic and laborer: on thcbasis 'oft standard workweek of 40 hours. Work.
in excess Of the standard workweek.is perrnissibleprovidedthatthe Worker is compensated at a rate ofnot
Attachment 8
2 .of'5
Rev. 6/30117
less than one and a half times the basic rate -Of pay for all hours worked in excess of.40.hours in the work
week. The. requirements of 40 U.S.C. 3704. are -applicable to construction Work and providethat no laborer
.or mechanic must be -required tnworkinsurrouridingsor under Working -Conditions which 'arennSanitary,
hazardous or dangerous. These requirements do not apply to the pnrchass.of supplies or materials or
articles ordinarily available on the open market,or contracts for transportation or transmission of
intelligence..
6. Rights to Inventions Made UnderAgreement . . .
Ifthe-Federal• award meets the definition of "funding agreement' under 37 CFR.§401,2 (a):and the.Nen-
federal Entity or subrecipient wishes to.enter into a contract with a small business finn or nonprofit
organization -regarding the -substitution Of partici, assignment or Perfontiariceof-experimental,
developmental.„ or research work under that "funding agreement," theNon,FederalEntity Or subrecipient
Must comply with the requirements. tit 37CFRPart.401, "Rightsto Inventions Made•by Nonprofit
Organizations and Stnalltusiness Films Under Goverment Grant, Contracts and Cooperative
Agreements.," and any implementing regulations issued by the awarding agency.
7. Clean Air Act (42 U.S.C. 7401-7671g.) and the Federal Water Pollution Control Act.(33 U.S.C.
.1251-1387)
Ifthe Agreement is in excess of S10,000, the Recipient shall comply with all applicable standards,•orders
or regulations issued pursuant to the -Clean Air Act (42 1.1.&C. 74O1 -7671q) and the Federal Water
Pollution Contra Act as amended (33 U.S.C..1251-1387). Violations must be reported to the Federal
AwardingAgency and the:Regional Offiee.of the Envirothriental -Protection Agerity.(EPA).
8. Debarment and Suspension (Executive Orders -12549 and 12689)
The Recipient:Certifies that it is not liatedenthe...govemmentwide exclusions m the Systeinfor.Award
Management (SAM),..in accordance With the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549(3 CFR.part1986 Cerrip., p. 189) and 12689(3 CFR part 1989 Comp., p, 235), "Debarment
and Suspension."
9, ByrdAnti-Lobbying Amendment (31 U.S.C. 1352)
The Recipient certifies that it will not and has not used Federal appropriated funds 10 pay any person or
for influencing or attempting to influence an officer -or employee daily agency, a member of
Congress; officer employee ofCongreas, or an employee of a Member ofCongressin connection with
Obtaining.any.Federal contact, grant orany ether -award covered.by 31 U,S.C. 1352. If applicable, the
Recipient shall :disclose any lobbying with nen-Federal funds that takes -place in• connection with obtaining
any Federal -award, itsing.fomi SF -LLL, available at;
https://apply07.grants.goviatmlviformsisample/SF.111 1 2 :13V1.2.pdf
10. 'Procurement of Rccovered.Materials
The Recipient must comply with Section 6002 of the Solid•WasM Disposal Act; as -amended by the.
Resource Conservation and Recovery Act as described irr2. CFRpart200.322.
ADMINISTRATIVE
11. 'General Federal Regulations.
Recipients shall comply With the regulations listed in 2.CFR 200„48.CFR.31;'and 40 U.S1C,.11.01 et-
seggin.q.
12. Rights to. Patents and Inventions Made Under a Contract �r Agreeinerd-
Rights to inventions.made tinder this assistance agreement .= subject to. federal patent and licensing
regulations, which are.cedifiedat Title 3.7 cFR.Part.401.and Title 35 U.S.C. 200 'through 212,
1.3. Compliance with the. Trafficking.Vietims Protection Act of 2000' (2.CFR Part 175)
Recipients, their employees, stibrecipientsunder thisaward, and subrecipients' employees may not;
i. Engage in severe forms of traffickingin persons during the period of timethat the award is in
effect;
ii. Procure .icommercial sex act during the period of time that the award is in effect;: or
iii Use forced labor in the performance ofthe award oisuhatvardS tindettlie award.
14. Section 102(a) of.theT1Ciod DisasterProtection Act_of 1.973 (P.L. 93-234).
.Recipients.rimstcoreply with flood inSurance.purchase requirements of Seetion 162(a) it& the flood Disaster
Protection Act of 1973 (PI. 93-234), ifapplicable. This act requires recipients' in a special flood hazard:area
IQ:participate in die program and tos.purebaSe flood. insurance if the total cost .Of insurable construction and
:acqinsitionis-S10,000 or more.
15.. Water:Resources Reform and beveiopment.Act (WRRDA) P.L. 113-121
Rev. 0/30/17
Attathritent.8.
3-of.5
Recipients must comply with the.Water Resources Reform and DeVelOpment Act (WRRDA)
ilappliCabk. This act prOvidesfor iinproVeinentS to therivers and harbors of the -United States, to. provide
for the conservation and development ofwater and related resourees..
16. WhistlebloWer Protection
Recipients shall comply with :111.3.C. §4712; Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies In all awards issued after July 1., 2013 .and .effective
December 14, 2016.has been permanently extended(Public Law (Pl.) 114-261).
(a) This award, related- subawards„ and.related contracts over the simplified. acquisition threshold
and all eriipleYees working on thisaward,: related subawards, and related contracts over the
simplified acquisition threshold are -subject to the whistleblower rights and remedies in the pilot
program...On award recipient ernployee.whistlebloWer .proteetions-establiShed at:41 U.S.C. 4712 by
section 828 of the. National DefetiseAuthorization Act for.FiScal-Yetir 2013 (Pl. 112-239):
(b) Recipients, their •stibrecipients; and: their contractors -awarded contracts over the Simplified
acquisition . threshold related. to this • award, shall inform. their employeesin writing, in the
predominant language of the workforce, of the employee whistleblower rights and protections under
41 U.S.C. 4712,
(c) The Recipient shall insertthis clause, including this paragraph .(c),- in all subawards and in
contracts over the Simplifiedadq_nisition thresholdrelated to this-award;best efforts should be made
M. include this clause, including this paragraph (c) in any-subawards and contracts awarded prior to
the effective date of this provision.
17.Notification of Termination (2•CFR k 200.340)
In accordance with 2.CFR § 200,340,..in the..eyent that the Agreement is terminated prior to the end of the
period-of performance due. to the Reeipient's or stibcontraetor'..s material failure to c imply with Federal
Statutes,.regtilationswthe terms and conditions of this .Agreement.tic the Federal .award, the tenninatiOnshall
be reported:tn the Office of Management and lludget.(QMB),designated integrity and performance system;
accessible .through System for Award Management (SAM)currently the Federal AwardeePerformapee and
Integrity Information System (PAPHS). The Non -Federal Entity will notify the Recipient ofthe. termination
Mid the Federal. requirement to report the termination in FAPI1S: See 2 CFR. 200340 for the requirements
ofthe noticearid the RecipieneStights upon termination and following tennination.
l& Additional Lobbying Requirements
(a) The-Reeipienteertifies that no fundsprovided Under this Agreement hay.e-beenuted or will be used
to engagc, in the lobbying ofthe Federal Government or in.litigation.against the United States.unless
authorized under existing law.
(b) The Lobbying Disclosure- Act of 095, as amended (2 p.s..c..§10.1 i Seg,), prohibits any.
organization: described in Section 50•1(c)(4) of the.InternalRevenue Cnde, from receiving federal
funds through anaward, grant (and/or subgrant) or loan .unless such organization warrants:that it
does not, and -Will not engage in lobbying activities prohibited by the Act as a special condition of
an. award, grant (and/or subgrant), or loan. This rcstriction does. not apply to loans made
pursuant.to approVedrevolving loan progratifs or to contracts awarded using ProPer.procuremeni
procedures. • .
(c) Pursuant t6.2 CFR. §.200.450 and 2CFR 200 454(c) the Recipient is hereby prohibited •froin. using
funds provided by this. Agreement for me.mbership dues. to any. entity or .organization engaged in
lobbying activities.
COMPLIANCE WITH ASSURANCES
19 Assurances
.Recipients shall comply with. any and all applicable assurances made by the. Department or the Recipient to
theFederal Government ditring the Grantapplication process.
DEPARTMENT OF INTERIOR-SPECIFIC
20.Department of Interior (DOI)General Terms and Conditions
Recipients shall comply with DOI. -General Terms. and COnditianS available at
https:/AvwW...doi.gov/..parn/prOttrams/financial :assistancerfermsandConditions, and incorporated. • by
reference.
21. DOI RenuiatiOns
'Recipients shall comply with thc•following regplationsi,I.CFR 140071402 43 CFR 9, 43 CFR 17, 43 CFR
18,43 CFR 41, end 43 CFR 44.
Attachment 8
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Rev. 6/30/1.7
22.Drua--Free Workplace
Recipients -must makean ongoing,.good faith effort to maintain a drug-free workplace pursuant to the specific
reiquirernents set forth in. Title 2 CFR Part 140L Additionally, in accordance With these regulations; the
recipients must .identify all known Workplaces under its federal.awards,.and:keep. this information. on file
during the performance of the award.
23. Titles IT and III .of theUnifonn Relocation Assistance and Real Property Acquisition Policies Act.
As applicable, Recipient shall comply with the.requirements oldie Uniform Relocation Assistance and Real
Property Acquisition,Policies Act of 1970 (P.L. 91-646)to provide for. fair and equitable treatment ofpersons
displaced or whose property is acquired. as a result of Federal or federally. assisted programs. These
retniirenients applyto all interests in real property acquired for project purposes. regardless of Federal
participation it purchases.
24. Deposit. of Publications Produced under Grants
Pursuant to Departmental Manual. 505 DM4. (DOI) and Service Manual. FW1 (USFWS), any:grant or.
cooperative agreement that Will producea: publication; (other. than those listed as. exceptions) must. provide
two copies. of each publication to the Department of Interior's Natural..Resourees Library. Forza list of
exceptions, transmittal requirements, and delivery information see Departmental Manual 505 DM 4, Deposit
of Publications.Produced under Grants att.http://elips.doi.gov/ELIPS/DocView.asnx?id=1671.
UNITED STATES FISH- & WIL,DLIFESERVICE-SPECIFIC
25.USFWS FinancialAssistance Award Terms and Conditions
Recipicnts.shali comply with the USFWS Financial Assistance Award Terins and .Conditions applicable to
the specific Federal Award.funding source, available -at https:/hvww.fws.gov/granis/atc.litml, and
incorporatcd.by reference.
NATIONAL PARKS SERVICE LAND.AND WATER. CONSERVATION FUND STATE.
ASSISTANCE PROGRAM -SPECIFIC
26. Land and Water Conservation Fund (LWCF) Protect Agreement •General.Provisions
Recipients.shall comply with the LWCFProLect Agreement General Provisions available at
httns://www.nps;gov/ncrctprograms/lwcf/pub.htm, and incorporated by reference.
27. LWCF Federal Financial Assistance Manual
As applicable, Recipients shall comply with the LWCF Federal Financial Assistance Manual Effective
October 1, 2008;. or later, available at https://www.tills,gOv/ncrc/Drograms/lwcf/pub:httn, and incorporated
by reference..
28. Historic Preservation.
As applicable, Recipients shall comply with Section. 106.. of the National Historic Preservation: Act of 1966,
as :amended. (16 U:S.C, 470), E.O,_ 11593. (identification andprotection of historic properties), and the
Archaeological. and Historic preservation Act of 1974 (16 U.S.C: 469a-1 etseq.).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment 8
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Rev. 6/.;30/17
Project Number:
:Agreement Number:
Grantee Name:
EXHIBIT A
PROGRESS REPORT FORM
Reporting Period: Year -
Quarter -
Provide a summary of theproject'saccomplishments to date.
Provide an update on the :estimated. time for completion.ofthe project, and an explanation if there are any
anticipated delays..
Identify below, and attach copies:of any relevant work .being submitted for this -project fOr the reporting
period (e.g. copies of permits, photographs,.etc.)
This:report.is subrnitted in accordance with the reporting requirements `of Clean Vessel Act
Project. Agreement
Ng.
".....-_.......,...._."................. and accurately reflects the
activities- and Costs
associated with the approved project.
Signature of Grantee's Grant Manager
Attachment 8
6 of5
Rev. 6/30/17
Date
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
Grantee Name: City of Clearwater
MY: MV312 CVA: CVA18-891
DEP Program: Clean Vessel Act Grant Program
If reimbursement is being requested, aninvoice on facility letterhead Must accompany this form.
Permits
Site Preparation
Renovation
Equipment Purchase
Equipment Installation
Operations of Equipment.
Maintenance and Repair
Sewage Hauling
Pumpout Signage
Educational and Instructional Materials
Total Project Cost
75% Reimbursable to Grantee
25% Grantee Match
Total Project
{100% of cost)
l attest that docurnentation hasbeen and will be maintained as requiredby 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:far the purposes as described in Clean Vessel Act Grant Project Agreement
No.
MV
rther attestthat ::;..:..:.::;.:,..::..;`;::`;::'.:: ..::: :. :: °:.::...:.::::;>'::'_;.:;',;?
{Grantee) has
complied with the terms and conditions of this Agreement.
Grantee's Grant Manager.
CVA 01 Exhibit C (Revised 012/23/2018), Page 1 of 1
Date
IN WITNESS WHEREOF, the parties hereto have caused this Clean Vessel Act Grant Agreement to be
executed on the day of , 2018.
CITY OF CLEARWATER FLORIDA
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest:
Michael Fuino
Assistant City Attorney
Rosemarie CaII
City Clerk