STANDARD GRANT AGREEMENT TO CONDUCT PUMP-OUT BOAT OPERATIONS FOR RESIDENT AND TRANSIENT BOATERS IN CLEARWATER HARBORSTATE 'OF FLORIDA
DEPARTMENT OF ENVIRONMENTALPRQTECTIO.N.
Standard Grant Agreement
This Agieentent is entered into betWeetithe.Parties named below; pursuant to Section 215.971. Florida Statutes:
1. Project Title (Project) Agreement Number
Clean. Ve§sel Act Grant; CVA18-891,.City of Clearwater
2. Parties
State. of Florida Department of Environmental Protection
3900 Cbranionwealth'B'oulevard
Tallahaasee, Florida 32399-3000
.(Departinent)
Grantee Name: Clearwater Beach Marina Entity Type: Public. -City
Grantee Address: 25.Causeway Blvd.,
Clearwater; Florida 33767
FEDI 5.9-6000289
(Grantee)
Agreenient Begin Date:
Upon.Exectition
Date OfExpitation:
September 30; 2020
4, ['reject Number:
CVA1S-891
Project LOCation(s):
25'Causeway Blvd.,.C1carWetet, .FL,.33767
Project DesariptiOn...
Conduct pump -out boat operations for resident and transient boaters in Clearwatet Harbor.
5. Total Amotmt of :Funding:
•$42,000.00
Finding Source?
12 State. El Federal
Award irs or Lino Min Appropriations:
Amount per Source(s):
CVCI6
$12,000.00
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: elytie:eldermanigdep.state.fLus
Grantee's Grant Manager
Name: Michael MacDonald
or successor
.Address:
Phone;,
Email:
25 Causew.ay.BOulevard
Clearwatei, Florida 33767
(721)224-7005
Michael.maedonald@tnyellearwetentom
7. The Parties. agiee-to. dotttply with thelermS•ind canditions.Of thefoltoviing attachments and exhibits whiebare.hercby
incorporated by reference:
Attachment Standard.Terms and:Conditions Applicable to All Grants Agreements
;EI .Attachment 2: Special Terms and Conditions
Attachment 3.; Grant Work.PIan,
21 Attachment 4: Public *Records Requirements •
2 Attachment 5: Special Audit. Requirements
la Attachment '6: Program -Specific Requirements
CI Attachment 7:. CVCI6 Grant Award Terms (Federal)* Copy availableat littps://facts.ildfs.Com, in accordanee.
with .§21.5.985, F.S.
12I Attachinent 8:Federal Regulations:and Terms<Federal)
a Additional Attachments (if necessary):
'La Exhibit A: Progress Reportrorm
12I Exhibit 13'. DEP Property'Reporting Form
El Exhibit PaymentRequest SumtnatyFortti
▪ Exhibit D....Quality Assurance ReqUirements
• Exhibit.E: Advance Payment Terms and. Interest Earned Memo
D Additional Exhibits :(if necessaty):.
DEP Agreement No. MV31.1 ReV8/28/17
$.. 'Che following jaermat€(XI;aFp1w to Fedorti Grhnts only 4ndJs idendflod in sc;ord&Acc:with 2 CSP,204:33"10)0).
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A. ... $ ) :. yrs 0 /A
IN WITNESS WH EREOF i this Agiement shall W effective•on the dstb indieab6d by the Agemff6t Begin Dste atbove
ar the last da to si'ned below' whkhevler is lamer,
Ci of Cleanva ter GRAN.` h
Gm nteo Name
By (
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l'rint'l+larne a' Title�of l'orsoia Si' ' '
M State;oftf orkda-ale 4r t eut ofEnviropingntal Pretectiop DjBPMT ENT
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Sccretaty or Msa"0le Ssgncd
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nt l3ame grad title o P on Sig
Q Addi doral signatures attached on seer 4W page:
DF,,P Agragncnt-A?o.MV312 Rcvdi"8117
STATE Of FLORIDA
DEPARTMENT OF ENVIRONMENTAL PRO.TECTIOly
STANDARD TERMS AND. CONDITIONS
APPLICABLE TO. GRANT .AGREEMENTS
ATTACHMENT .1
1. Entire Agreement.
This Grant:Agreemettt, including any Attachments and Exhibits referred to. herein and :attached hereto.(Agreement),
.constitutes the entire: agreement between the.partics with respect to the subject matter hereof and supersedes all prior
agreenierits, whether writtenor oral, with respect to such subject matter. Anypreprinted teirnsand conditions included
on Grantee's•fornis.orinvoicesshall be ritilland void.
2. Grant Administration..
a.. .Order of Precedence. lfthere.are Conflicting provisions. between. thedocurnents that makeup the Agreemeut,
tee: order of precedence for the documents is as follows:
i,. Attachments other than Attachment 1, in numerical order as.;designatedin the Standard Grant
Agreement
it. Standard Grant Agreement
Attachment 1, Standard Terins andConditions
iv. TheExhibits. in the order designated in'the StandardGraiit Agreetnent
All approvals, written or verbal,.andother written comniunication between theparties;.including.allnotices, shall
be obtained by or sent to the parties' Grant :Managers. All written communication shall belby electronic mail,
U.S. courier delivery service, ordclivered in person.. Notices shall be cpnsidcreddelivered when. reflected
by.an electronic mail read receipt, a.courier service delivery receipt, other mail service delivery: receipt, or when
receipt is acknowledged by recipient.
c. If a different. Grant Manager is designated by either party after execution of this ,Agreement; notice of'the. name
and contact information ofthe new Grant Manager will be: subrnitted.in writing to. the other party and maintained
in the respective parties' records. A change of GrantManagcr does not require. a formal amendment or, change
'order to the Agreement.
d: This.Agreement.niay be amended, through a fernier amendment bra change order, only by a written agreement
between both parties: A formal . amendment to this AgreeMent is required for 'changes which cause any of 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 Agrectnent; and/or changes to the cumulative. amount of
funding transfers between approved budget categories,. as'defned.in Attachment 3, Grant. Work Plan; that exceeds:
or is. expected to exceed tenpercent (14%) ofthe total budget as last.approved bythe Departs ent. A Change order
to this Agreement may be.used when task.tirrtelines within the current authorized Agreement period change, and/or
when the cumulative transfer .of funds between approved budget .categories, as defined in. Attachment 3,. Grant
Work Plan, are Iess than ten percent (10%) of the total budget as last approved by the Department; or without
limitation to changes to approved fund transfers between budget categories far the purchases of'ineetiing match
requirements. This Agreernent may be amended to provide for additional services if additional fimding is made
available by theLegislature.
e. '.All days in this -Agreement: are calendar. days unless.otherwise specified.
3. Agreement Duration.
The term .of the :Agreement. shall. 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
forreimbursement for work performed otter afterthc date of execution. through the expiration date of this Agreement,
unless otherwise specified in Attachment 2;. Special Terms and Conditions. However, work performed prior to the
execution of this• Agreement may be reimbursable or,:used for match purposes if permitted by the: Special Terms. and
Conditions..
4. Deliverables.
The Grantee agrees to render the.services .or other units bf deliverables asset forth in. Attachment 3,,Grant Work Plan.
The services or other units.of deliverables shall be delivercdin accordance with theschedule and at the pricingoutlined
in the Grant Work .Plan". Deliverables may he. cornprised of activities that mustbe completed prier to .the Department
making payment on that deliverable, The Grantee.agrees to perform in accordance with the tertns and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
b.
Attachment 1
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Rcv. 7/11/2018
5. Performance Measures.
The .Grantee warrants that: (1) theservices perforniedby qualified perSonisek .(2) the service's will be of the
kind arid quality described in the Grant Work Plan; (3) the- .Services will be"performed in a professional and
workmanlike- mannefinzecordance with industry sta1dards.and.prattides;,(4) theservices shall hotanddry not infringe
uporrthe intellectual property righta.., or any other proprietary fights,;of .any'third party; and (5) its employees,
subcontractors., and/or subgrantees: shall comply withanysecurityanct safety requirements and processes, if provided
by the Department, for work done at the Project 'tec.ation(s).. The Department reserves the right to.hiveatigine or
inspect at any time whether the services or qualifications offered by the Grantee .meet theAgreement requirements..
Notwiihstanding. any provisions to the contrary, written acceptance of a particular deliverable/minimum .requirement
doe's 'not. farectoie the Departments remedies in the event those performance standardi that cannot be readily
measured at the tithe Of deliverYine not met.
6. Acceptance of Deliverables;
a. Accentance Process. All deliverable's mug be reteivedsand accepted in writing: bytheDepartmerit's:Grant
Manager before payment The Grantee shall work diligently to correct alt deficiencies in the deliverable that
remain ontstanding, wt1nn areasnriable time at the Grantee's.ptpense. Ifthe Department!s Grant Manager does
notacceptthe deliverables within 30 days of repeiptrthey will be deemed rejected.
b. Rejection. ofDeliveribles. The Department reserves the right to:reject:deliverables, as outlined in the Grant
Work Plan, .as incomplete, inadequate; or unacceptable due, in whole or in part, to the -Grantee's liekof
satisfactory performance under the:terms of this Agreement. The Grantee's efforts to:correct the.rejected
deliverables will be at the Grantee's kola ekpense. The Grantee shall only invoice the Departhient fcir
deliverableathat.are completed in accordance with the'Grant Work Plan. Failure to fulfill the. applicable
technical requirenients.or.Complete all tasks or activities rn accordance with the Grant Work Plan will result in
rejection 011ie deliverable and the associated invoice, Payinehtfor the rejected deliverable will not be issued
unless.the rejected .deliverable is:made acceptable to the Department in accordance with the -Agreement.
requi.ternent.s:. The Departinent, at its option, may allow .additional time within which the Grantee may remedy
the objections noted by the:Department. The Grantee's failure to make adequate pr.:acceptable:said deliverables..
after a reasonable opportunity to-do :so -may -constitute an eventof def.ault..
7. Financial. Consequences for Nonperformance.
a. •Withholding:Pa.vmerit.. In addition to' the' specific consequenceiexplained in the Grant Work Plartand/or
Special Tennsanct Conditions, the_State of Florida (State)..reServesthe tight to withhold parnent when the
Grantee has failed to perform/comply with provisions ofthis Agreement. These consequences for
'nonperformance shall not be considered penalties.
b. Corrective Action .Plan. If the Grantee fails to correctall the deficiencies in a rejected,detiverable within the:
specified. tirneft ante, the Department may; inits sole discretion,. request that a proposed Corrective Action Plan
(CAP) be.submitted.by the :Grantee to...the Departinent. ThoDepartment shallprovide the.Grantee with a written
Inquest. for a CAP that specifies- the: outstanding deficiencies.. All CAPs must be able, to be implemented and
performed in no more than sixty (60) calendar days.
i. The Grantee shalt Stibtait a CAP ten (10) calendar days of the date.olthe written request from
the Departinent. The CAP shall be sent to the Grant Manager for -review and approval.. Within ten.
(10) calctidar:days'o.f receipt of a CAP, the .Department shall notify the Graincein Writing whether
the CAP proposed has been accepted.. If the CAP is. nOtaceeptekthe, Grantee shall have ten (10)
calendar days from receipt of the Department letterrejecting the proposal . to. submit a revised
proposed CAP-, Failure to 'obtain the Department approval of a CAP as:specified:above shall result
in the Department's ..tOrnlinatigil of this:Agreement for causc.as antliorizedin this Agreement,
ii. Upon. the Department'. s notice of .acceptance• of. a. proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementationsof the accepted plan. Acceptance of the proposed CAP
by the Department docs not relieve the Grantee of any of its. obligations under. tha-Agicemcin In
the event theCAP fails to correct or elirninate perfonnance:deficiencies by Grantee, the Department
shall retain righttO require additional or further remedial steps, or to terminate.this Agreement
for failure. to perforin. No actions approved by the Departinent or steps taken by the Grantee -shall
preclude the:Department from subsequently asserting.anycleficiencies.iii performance. The Grantee
Shall continueloiniplement the CAP until all deficiencies are corrected. Reports -en the progress of
the CAP.will be :made to the.Department as tequestedby the Department .Grant.Manager.
iii.. Failure t'o respond to a .Department request fOr a CAP or failure- to correct.a deficiency in the
performance of the Agreementas specified by the.Department may result in termination of the
Agreemtnt
Attachment I
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Rey. 7/.11/20.1i1 •
8. Payment.
• a: Payment ProCess..Subject to theternii.and.conditions established by the Agreement, the pricing per:deliVerable.
established-by the Grant WorkThin, and the.hiiiingprocedures establishedby the Departmentythe Department.
agrees. to pay the Grainee:forseririces.rendered inaceordance.with Section215.422, Florida. Statutes (F.S.).• To.
obtain the :applicable interest:rate., please:refers tip:
littp://www.mylloridaefo.com/Diyision/AANendors/default.hun.
b. Taxes. The Department is. exempted from. payment of State sales and: use taxes-•and Federal excise taxes, The
Grantee, however, shall not exempted from 'paying any taxes That 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 Department. The Grantee .shall not usethe Departments ekomption. number in. securing sucla-materials.
The Grantee Shall be responsible and liable-for the :payment of all ith FICA/Social Security and other taxes
resulting front this•Agreenient.
c. Maximum Amount of AMtement. The .maximuni amount of•Compensation under this Agretinent, without an.
amendment, is.deseribed-in the Standard Grant:Agreement. Any additional farttls-necessetli for the completion of
this Project are the responsibility of:the-grantee.
d J imbursement for Costs The Grantee shall be paid on a cost reinibmsement.basis for all eligible Project costs
upon. the completion, submittal, and approval of each •deliverable identified in the Grant Work
Reimbursement shall be requested on Exhibit .C; Payment Request Summary Porip, To be eligible 'for
reimbursementcoSts Must be in compliance with laws, rules, :and regulations apPlitableto expenditures of State
funds, including, but not limited to, the...Reference Guide for 'State. Expenditures, which Can.beaceessed at the
.fol10%.vitig• web address: http://WWw:MYfloidaefo.torn/aadirireference. guide/:
e. Invoice Detail. All charges for services rendered. or for teinibursement.Of e.xpenksauthorized by the Department
pursuant. -tothe Grant Work Plan shall be submitted to theDepartnient'in..suffitient detail for a;pr.oper.pre-audit
and pot-audit to be performed.
f. interim Payments. interim-payments may be -made.hy the Department, at its...discretion, if the completion-of
:deliverables to date hayefirstbeenaccepted in writing by theDepartment'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 heperforrned'on or before the- completion
date of the -Agreenient
h. Annual Appropriation Contingency. The State ..cif.-Flotides performance. and :obligation- to pay under this
Agreement is contingent upon •an, annual appropriation by the Legislature.. Tina Agreement is nota-eommitment
of future appropriations. Authorization for -continuation and. completion of work and any associatedpayments.
may be rescinded with proper at the discretion ofthe Department if the Legislature reduces or eliminates
appropriations.
L Interest Rates, All interest rates charged under the Agreement shall be calculated' an the prevailing rate used by
the State Board-of Atiministratiom.
9. Documentation Required for CostReimburtement Grant AgreeMentaand Match.
IfCbat Reitnbursetneitor Match is atithoriked. in Attachment 2, Special Tema and Conditions, the Following
ConditionSap.ply. Supporting documentation mita be .provided 1:0 substantiate cost reimbursement .ortnatch
requirements for.die following budget CategorieS:
a.. Salary/Wages. GranteeslM11 list personnel .involved, position Classification, direct safety 'rates, and hours-4,0M
On the Projectin.aecordance with Attachment3, Grant Work Plan in their-doeumentation for reimbursement or
match reqtiirements.
b. 61(ex-head/Indirect/General- and Administrative. Costs. If. the Grantee is 'being reimbursed for or claiming match
for.mtiltipliers„ all multipliers used (Le.„ fringe benefits, overhead, indirect, -and/or general and administrative
rates) shall be supported by audit. Ifthe Department determines:that multipliers chargedby the Grantee exceeded
therates supported by audit, the Grantee-Shall be required to reinibuisesuch funds to the Department Within thirty
•-(30) calendardayS of•wiitten netification, interest shall be charged on ilie.exceisive rate.
c. Contractual Coat (Subcontractors. Match or reimbursement requests for payments to-sUbcontractors -Must be
substantiated by copies •of invoices with backup documentation.:identical to that required from the .Grantee.
Subcontracts which involve payments for direct salaries--shall clearly identify the personnel involved, Salary. rate
per hour, 'and hours • spent on the PrejeCt. All eligible. Multipliers used (i.e, fringe benefits., -Overhead, indirect,
an.dlot general and administrative rates) shall be.:stipported by:audit.. If the.Department-determines.that multipliers
charged by any subcontractor exceeded the-rates supperted by audit, the-Grantee shall he.required to reimburse
such funds tetheDepartmeatWithinthirty(30) calendar days of writtennotification. I nterestshall be charged on
Attachment-1
3 of 1.2
Rev. 7/11/201:8
the excessive rate. -NoucoustunableAnd/or nonexpenclahle personal propettyor equipment costing. S1,060 or.more
.purchased for the Project under a. Subcontract is subject to the requirements set forth in Chapters 273 -and/�r:274,
F.S., and Chapter.691.-72, Florida AdniinistrativeCode (F.A.C.) and/or Cluipter:69I-131 F:A.C.-, as applicable. The
Grantee- shall be resporiSible. ler Maintaining.. approptiate property records for any subcontracts:that include the
.,purc.haSe: of equipment:as- part of the delivery of services. The .Citantee. Shall comply with this:requirement-end
ensure its subcontracts issued under .this Agreement, if -any,. impose this requirement, in Writing,. -on its
subcontractors.
i. For: fixedpriee (vendor)subcontracts, the following provisions shall apply: The Grantee- may award,
one competitive basis, fixecl,price subpontractsto consultants/contra.ctors in performing. the work
described in Attaclunent 3; Grant Work Plan. Invoices submitted to the Department for fixed- price
subcontracted activities shall be supported with a copy of the stibcontraeter's invoice and a cippy.df
The tabulation tbrin for Ihe-cOnlpetitive procurement process InVitation. to Bid; Request for
Proposals, . or Other. similar .Competitive procurement document) resulting- in the fixed-price
subcontract. The Grantee may request approval: from the Department to :award a fixed-price
subcontractresulting frOm"prOenrement -Methods Other than theSeidentified above: In this inStante,
the Grantee shaltreqUesttheadvance:WrittenapprOval from the Department's Grata Manager of the
fixed.priee negotiated by the Grantee. The letter:of request shall be supported by. a detailed budget
and .Scop.e.qf :Services -to beperformed by the. subcontractor. Uppnreceipt of the Department Grant
Manager's approval ofthe fixed-price amount,the Grantee mayproceedin finalizing the fixed-price
:subcontract
ii. If .the procurement is subject to the Consultant's. Competitive Negotiation Act under station
287.055, F.S..erthe Brooks ACt, the:Grantee mustprovide docuMentaticin Clearly. -evidencing it -has
compliedWith the statutory.Or federal -requirements.
d. Travel...All requests for match. or reimbursement oftravel expenses shall be- in accordance with. SectiOn 112.061,
F.S.
.e: Direct Purchase Equipment. For the purposes of this:Agreement, Equipmentis defined as capital outlay costing -
$1,000 or more. Match:orreirribursement for the Grantee's direct purchase. ofequipment is subject to specific
approval of the Departinent, and. does not. inahide any equipmentpurchased under the. delivery ofservices to be
completed by a subcontractor: Include copies of invoices .or receipts to document purchases, and a properly
Completed.Property.RePOrting Form
f; Rental/Lease of.EqUiprnent Match -or reimburtement requests -for rental/lease of:equipment must includecopies
of invoices. °tie:Cants to decutnenteltarges.
.g. Miscellaneous/Other Expense's. if miscellaneous :or otherexpenses, such .as .material, Supplies, ncin--excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match. or reimbursement underMe
terms of this Agreeinent, thedocumentation supporting these expenses must be. itemized and include copies Of
receipts or invoices:. Additionally, independent -of the .Grantee's contract obligations to itssubcontractor, the.
Department'shall not. reimburse any of the fallowing types of charges: cell phone usage, attorney's fees or ceurt
costs, civil or -administrative penalties,. or handling fees,.such as set percent overages associated with purchasing
supplies or equipment.
h. Land Acquisition. Reimbursement for the costs associated Withacquiringinterest and/br rights to real property
(including; access rights through ingress/egress easeitients, leaseS, libeuSe -agreeinents, or other site -access
0,g-teeth:ems; and/or obtaining record title ownership. of .real property through purchase) -mist be supported by the
.applicable; Copies of Property Appraisals, EqVironinenialSite Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage. Certification,: Title Search Reports, Title Insurance ; Closing
StaterhentS/Doctitrients, Deeds, Leases„ Easements, .Ligense. Agreements, or other legal instrument docUMOlitirig
2cqoired property interest and/or -rights. .Ef land acquisition costs are used to meet. match requirements,..the Grantee
agreesthat t:tiose farads shall not be used as match-lot.any other .Agreement supported byStateorf ederal ftinds.
-10. Status Reports.
The Grantee shall submit status reports quarterly, unless -otherwisespecified in the Attachments, on Exhibit A,.
Progress Report Form, to the Department's.GrantManager describing the. work petformed during the reporting:
period; problems -encountered, problem resolutions, scheduled updates, and. proposed for the next reporting.
period. Quarterly status reports are .dtieno later than twenty (20). calendar days following the completion Of the.
renortingperiod: For thepuiposes of this .repOrting i•equiidnidat,. die quarterly reporting periods end..on
.March 31, Aim 30, September 30 and December 31, The Department. will review the required -reports submitted
by.the Grantee within thirty (30) days,
Attachment 1
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Rev. 7 111 /20 18
11. Retainage,
The.following provisions apply if the.Dcpartment withholds retainage.: under. this Agreement:
a- The Department reserves the right to: establish the amount and application.' of retainage on the .work performed
Murder this.Agreement€o. a maximum percentage described in. the 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 retainagefor Grantee's failure -to respond to or correct
identified .deficiencies Within the tinieframestipulated in the Giant. 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 theidentified deficiency within the titriefratne stated in the.Department's noticeWill
result in forfeiture of retainage by Grantee.
c. If Grantee fails to 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 entre.Grant Work Plan. Failure.to
perform includes, but is not limited to, failure to.submit the: required deliverables or failure to provide,adequate
documentation that ;lie work was.actualiy:perfotnned.
A, No retainageshall.be released orpaid incornplete Work while this Agreement is suspended..
e. Except as otherwise provided above, Grantee shall be paid the retainage associated. with the work:provided
provided
Grantee has:completcd the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement:
12.. ]insurance:
a. Required Coverage. At all times .during the Agreement the Grantee, at its sole expense,.shall maintain
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.limitting the Grantee's liabilityand obligations
.under. the Agreement. All insurancepolicies shall be through insurers licensed and authorized to issue.policies
in Florida; or alternatively;.Granteeinay provide coverage through a self-insurance program established and
operating under the laws of Florida.. Additional insurance.requirements forthis Agreement may be required
elsewhere in this Agreement, however the minimutn insurance requirements applicable to:this Agreement are:
i. ConrninercialGeneral Liability. Insurance.
The:Grantee shall provide adequate commercial general liability insurance coverage and hold'such
liability insurance at .all times during the Agreement..The Department ofEnvironniental
Protection, its employees, .annd.offeers shall.be named as an additionalinsured on any general
liability policies. The minimum limits shalt be $200i000 each individual's claim and :$300,0011.
each occurrence.
ii. Workers' Compensation and Emplover.'sLiability Coverage:
The Grantee shall provide workers' compensation, in accordance with Chapter 440; 'F,S., and
employer's liability insurance With .tninitnutittitbits of S100,000 per accident, 8100,000 per
person; and 8500,000 policy aggregate; Such policies shall cover all employees engaged in any
work under the.Agreement.
iii. Commercial Automobile Insurance:
if tine Grantee's duties include the use of a.commereial vehicle, the Grantee shall maintain:
automobile liability, bodily injury, and property damage coverage.. Insuring clauses for botb
bodily ininry.:and property damage shall provide coverage on. an occurrence basis. The
Department of Environmental Protection, its employees„and officers shill be named as.an.
additional insured on any automobile insurance policy. The minim= limits. shall be as.follows;
8200,0001300,000 Autoinobile Liabilityfor Company -Owned Vehicles; if
applicable
$200,0001300,000 Hired and:Non-owned Automobile Liability Coverage
iv. Other. Insurance.
Additional:insurancemay be 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, andany
necessary watercraft insurance, with limits -of not less than $300,000 each. Questions concerning
required coverageshould be directed to the U.S.. Department of Labor
(http;llwww.dol.gov/owcp/dlhwc/lscontac.htm) onto the parties' insurance: carrier.
b. Insurance Regnirement's for Sub -Grantees and/or Sribcontractors. The Grantee shall require its.sub-grantees
• And/or subcontractors, ifany, to maintain insurance.coverage of.such types and with such terms and limits as
Attachtiient l
5 of 12
Rev. 7/11/j018
described inthig Agreement. The Grantee shall require.all its sib-grantees and/or subcontractor, if.any,. to
Make compliance with the insurance.requirements'of this.Agreentent a cOndition.of all contracts. that are .related
Wails Agreement. Sub-grantees .andfor.subeontractors must provide proof of instuance upon request.
c. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided.through anipsnrance
trust, the Grantee Shall instead.add the Department of Environmental Protection, its.employeesk and Officers as
an additional covered party everywhere the Agreement requires thetn 'to be added as an additionalinsured.
Further, .notwithstanding.the requirements above. if Grantee is self4nSurecl,then the- Departnient of
Environmental Protection, its employees, and officerslde nottieed.to be listedig.additidand insureds.
d. Deduttibles. The.D.epartme.nt slia4.4e..ex6mpt frorn,..and.in no Way liable fer, any.stuns..of money representing a.
deductible:in any insurance policy.. Thepayment.Of such deductible ghat be the.sole responsibility ofthe
Grantee-providing such insurance.
e: Proof of Insurance. Upon execution of this. Agreement, the Grantee shall provide the Department
documentation. demon.stratingthe existence.and amount.for each type. Of.appliCableinsuranee coverageprior to
performance of any work underthis Agreement: Upon receipt:of written request from the Department, the
Grantee shall furnish the -Department with proof of applicable insurance coverage.bystandardformeertifiCates
cif-insurance, a self-insured authorization,. or other certifieation. cif self-insurance.
.f. Failure to Maintain Coverage: lathe event.that anyapplieable coverage iscancdllcd by the insurer for any
reason, the Grantee shall irnmediatelynotifythe.Department of siieh cancellation and .Shall obtain: addqnate.
replacement coverage Conforming.to Merequirements 'hereinend provide proof of such replacement coverage
within ten. (10) calendar days after the-cancellation:of-coverage..
13. Termination,
a. Temunation for Convenience. The Department may terminate the Agreement in whole or in part by.giving 30
days' written notice to the Grantee, when -the Departmentcletennines; in its sole discretion, that it is in the State's:
interest to do so: The.Department shall notifythe Grantee ofthe terminationfor convenience With instructions as
to the-effective date of termination'or the specific stage of work at which the-Agreement is to be tenninated. The:
Grantee shall.not furnish 'any:senile:a or deliverable'after it receives the notice of termination, unless .otherwise
instructed inthcnotice. The Grantee shall not beerititlecito rec,over any tantellatiOri charges or lost profits. lithe.
Agreement isterminated before performance. is completed, the Grantee shall be paid only for that Work.
satisfactorily performed for.W.hich- costs can besubstantiated.
b.. Termination fr C use, The Department.mayterminate this Agreement:if-any of die events of .default described
below occur or in the event that the,Grantee fails to fulfill any ofits other obligations under this Agreement. The.
Grantee shall continue.workott any portion ofthe Agreement not terminated. If, aftertertnipation, it is determined
that theGramee was not in default, or that the default was excusable,.the-rights and obligationsoftheparries shall
be the same as if the termination had been issued for the convenience ofthe'Departirient.. The rights and remedies
of the Department in this clause are in. addition to any other rights and remedieSprovided by taw or under this.
Agreement:
0.: Grantee Obligations Upon. Notied.of Termination: After reeciPtof a noticeef termination or partial termination,
And extept.as Otherwise directed by. thd Department,. the Grantee-shall stop perfototingserViteson the date, :and
to the extent:specified; in the notice.
14. Natieeof Defa:ult.
Tf.the. Grantee defaults.. in the 'performance of. any •covenant or obligation contained. in the Agreement, including,.
without limitation, any of the events of default listed below, the Department shall provide notice to the Grantee and
an.opporttinity to cure that is.reasonable under the circumstances, This notice shall state..the nature of.thefailure to
perfOrm.and provide a time certain for correcting the failure. The notice will also provide. that; should the Grantee fail
to perform within the prciVided, thc Grantee-Willbe..foimd in default, and the Department inay tenniiiite the
Agreement:effective as Ofthe date Ofireeipt'of the'.default notice.
15: -Events ofDefault.
Provided such failure- &A the lank Of the Depattmerit.ot 'outside the reasonable:Centro' ofthe-Grantee, the following
non-exclusive list of ev.ents, acts, Or' oiniggions, shall constitute..events.bf default ..
a, The cornmitment of any material 'breach of this: Agrecznent by the-Grantee, including failure to timely deliver a
material deliverable; failuretO.perform the minimal level Otservice.s required for a.deliveratile, discontinuance af
the performance- of the work, failure to resume.work that has. been discontinued within a. reasonable time after
-noticeto do so, or abandonmentof the Agreement;
b. The commitment of any material miSrepresemationsor omission in any materials, or discovery-by the Department
ofsuch, made by .the Grantee in this-Agreement or in its application forfunding;
Rev. 7111.11201S
Attachment 1
6 of I;
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. Failtire to abide by any statutory; regulatory, or licensing requirement, including an entry ofan order'revoking
the certificate of authority granted to the Grantee by a state or Other licensing authority;
f. Failure to pay any and all entities; individuals, and the'.like.furnishing labor or materials, or failure to 'make
payrnertt 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 apd Nationality Act;
h. Failure .to. maintain the insurance required by this Agreement;.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 arid willingness to fulfill
.its obligations under theAgreement:
i. Entry of ran order forrelief under Title 1.1 bfihe United.States Code;
ii The making by the Grantee of a.general. assignment for the beiicfit of creditors;
iii
TheapppintmentefageheraI reeeiver or tros in bankruptcy pf the Granted §-business or property;
and/or
iv. An. action. by the.Grantee under any stateinsolvency or similar law for the purpose of its bankruptcy,
.reorganizatioq, or:liquidation.
t6. Suspension of Wor:.
The Department niay, in its sole discretion, suspend any or. alractivities under.tlic.Agreemcnt, at any time, when it is
in. the best interest �f'thc' 'Sate 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 limited to, budgetary constraints,
declarationof emergency, or other such.circumstances. After receiving a suspension notice; the Grantee shall.coniply
with the notice. Within 90 days, orany longer period agreed to: by the..parties, the Department shall either; (1) issnc.a
notice authorizing resumption of work, at which time activity resume; or (2) terminate the.Agreement. If the.
Agreement is terminated after.30 days of suspension, the,notice.of suspension shall be.: deemed to: satisfy the: thirty
(30) days' notice required fora notice of termination; for convenience. Suspension of vrork:shall not entitle the Grantee
to :any additional compensation.
17: Force.Majeure:.
TheGrantee shall notbe responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of the Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars,
acts of public. enemies; strikes, fires, floods,: or other similar cause iwwholly beyond theGrantee's control, or for any of
theforegoing that affect subcontractors 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 delay. and describe the.cause of the delay either. (1) within ten days after theGausc that creates :or Will create
the dclay:first amsc, if the Grantee could reasonably foresee that delay could occur as a result; or (2) if delayisnot
reasonably foreseeable, within five days,after the date the. Grantee first had reasonto believe that .9. delay could result.
THE: FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH
RESPECT TO' DELAY. Providing 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 a§sorted against the Department. The
Grantee shall not be entitled to an inctease in the. Agreement price or payment of any kind. from the Depai ttnetit.'for
direct; indirect,. consequential; impact or other casts, expenses or. damages, including..but not limited to costs of
acceleration or inefficiency, arising .because of delay, disruption; interference, 'or hindrance froth any cause
whatsoever, If performance is suspended .or delayed, in.whole or in part, due to any of. the causes described in this
paragraph, after the.causes. have ceased to existthe Grantee shall.perform at no increased cost; uinicss.the Department
detertnines,.in its sole discretion, that the delay will significantly impair the value. of the Agreement to the Department,
in which case the Department may (1}accept allocated performance or deliveries from the Grantee, provided that the
Grantee.grants preferential treatment to Department with respect.to products subjected to. allocation; (2) contract with
oilier sources:(without.recourse to and by the. Grantee for the related costs and expenses) to replace all or part of the
products or services that are the stibject.of the: delay, which purchases maybe deducted from the Agreement quantity;
or (3) terminate theAgreement in whole or in part
Attachment f
7 of t2
Rev: 7/11/2018
18. IndemitifitatiOn.
a. The Grantee shall be :fully liable for the action' of agents, eniployees, partners, or subcontractors and shall
fully indemnify„defend, and held itatiless.. the Department and its officert,. agents: antkemployeesi.'from stilts;
actions, damages, And pests, of every name. and description arising fool er. relating to:
1. personalinjury and damage to real or personal tangible property alleged to be..caused in wholeorin
part by. Grantee, its. agents, employees, partners, or.subcontractors; provided, howev.er, that the
Grantee Shall not indemnify for that. portion of any loss or damages proximately caused by the
negligent actor Omission: of the Department;
ii..tbe.Gratitee's 'breach Of this Agreement or the negligent acts.or omissioni Of the.Grantee,
b.. The Grantee's obligations under the precoding.paragraph with. respect to any legal action are c.ontingerit open. the
Department giving the Grantee. (1) written:notice...of iny-action.:prthr.Wened. action; (2) the opportunity totake
over and settle or defend any such action at.Grantee's Kole: expense; And (3) .assistancc in defending the action at
Grantee's -sole expense:. The •Grantee.shall norbe liable forany cost, expense, Oreompromiseineurred or made.
by the Department in any legal action witlio*.the Grantee s prior written consent, which Shall not be unreasonably
withheld,
c. Notwithstanding sections a— b. above, the followingis.the sole :indemnificatiOnprovision that applies to Grantees .
that..are.goVernmental-entitiet: Bach party hereto agrees that it shall be solely responsible for the negligent or
wrongful acts of its employees.and agents. HoWever, nothing. containedherein shall Constitute a waiver by either.
party °fits. soVereign immunity:al.-the prOvisions.of Section.768.-28, FS. Further, nothingherein shall be aimstrued
as consent by a .state agency or subdivision .of the State:offlorida. to be. stied. by third parties inany matter arising
out of any cantractorthis. 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's negligence,:waive the .Department"s sovereign immunity under the laws. of.
Florida, or otherwisoimpose liability on the Department: for Whit:hit would not otherwise be responsible. Any.
provision, implication or suggestion to the contrary is null and void.
19. Limitation of LiahilitY.
The:Department's liability for any claim arising -from this Agreementislimited to compensatory damages in an amount
no greater than: the aunt ofthe unpaidbalance of Compensation duc for goods Or services rendered purSbant to:and in.
compliance with the terms of the Agreement. Such liability is further limited. to a cap .Of S100,000.
20, Remedies:
Nothing in..this Agreement shall be . construed to make the Granteoliable for force majeure events. Nothing in this'
Agreement, including financial consequences for nonperformance, shall limit the Department's right .to pursue its'.
remedies for other types of damages. under the .Agreement, at law or in equity. The Department may, in -addition:to
other remedies available to it at law or in equity and upon notice to the Grantee, retain such monies . from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and thelikeasserted by or against it.
21. Waiver:
The delayor failure by the Department to exercise or enforce -any of its.righti.under this Agreement shall. not conatitine.
or be deemed a waiver of Vie .Deparnitent'S. right. thereafter to. enforde those rights, ..nor shall 'any: .Or partial
exercise of Any such preclude any other erfurther exereiSe.thereof *or the exercise otherright.
22. .Statutory Notices Relisting.to Unauthorized Employment and.Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens 'a violation of Section
2/4A(e), of the Immigration And. Nationality Act If the Granteefsubcontractorknowingly employs unauthorized
Aliens; sachviolation.Shali be cause forunilateral cancellation °Obis. Agreement; The.Grantee shall beresponsible.
for including this provision ht all subcontracts With private prganiiationsissued as a resulkof.this.Agreentent.
b. Pursuant to Sections 287.133 and .287,134, the frillowing restrictions Apply to persons placed on the
'convicted Vender list or the diteriminatorYvendor. fiat:
i. Public Entity. Criine. A person or affiliate who has been placed on..theconvicted vendor list
follo.wing.a conviction for a:public entityorime May not Submit a bid preposali or replkon a.contract
to provide. any' goods or servicesto a ptiblie entity;. tnay. not submit a bid, proposal, orreply .on
contract Witha.publicentity for the construction or repair of a Public -building or public wOrk; may
not submit bids; proposals, orreplieson leases ofrealprepertyte a,public cntity;may not be awarded
or perform. work as a Grantee; supplier, subcontractor, or coniultant under a contract with any public
entity; and may not transact business :With any public : entity in excess of the threshold amount
provided in Section 287.617,.P for CATEGORY for a period of 36 -months following the
date ofbeing placed on the.convicted vendor
Rev, 7/11/2018
Attachment .1
8 of 12
ii. Discriminatory Venders.:An entity or affiliate who has been placed .on the .discriminatory vendor.
list may not submit. .a.bid, proposal, or reply on &contract to proVide any goods or services to a
public entity; may not -submit a bid, provost:or reply on a contract with a public entity for the
construction orrepair of a public buildingor public work; may not submit hids,proposals, or replies
on leases of real property t� a public entity; may not be awarded or perforrnwork as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not:traria=
business with any public:entity.
: Notification. The-Grantee shall niftily the Deliarttnent if it.or any of-hi:suppliers; stibcOntraCtors, or
consultants have.bednplaced Ort theconvicted vendor list orthediscriminatory vendorlist'cltring 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..Quettions regarding*:
discriminatory vendor list maybe directed to. the Florida Department of Management ,Services„
Office of Supplier Diversity, at(850) 48741915.
23. Compliance Yiith Federal,State and Local Laws.
a'. The Grantee and all its 'agents shall comply with all federal state and local regtilations, ineluding, but net limited'
to, tiOndiadritnination,Waget, social security, workers' compensation, houses, and registration requirernents;The
Grantee shallinclude thiS proVision in all subcontracts.issueda result of this Agreement.
b. No person; on the grounds of Mee, creed, color re1igion national 'Origin, age, gender, or disahility,:shall be..
excluded froinparticipation in; be denied the proceedS or betiefittofi Or be otherwiSe'stihjected to diScrimination.
in perlomianceofthis Agreement.
c. This Agreement shall-begoverned by and construed inaccordancewith:thetaws of the State.offlorida.
d.. Any dispute concerning performance of the Agreement shall be processed as .describeriberein. Jurisdiction for
any damages ariShigunddr the termsof the Agreement will be in courts ofthe State, and venue will be in the.
Second Judicial Circuit, m and forLeon County. Except as otherWise provided by law, the patties.agrec.to be
responsible for' their dwn..attomey fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Serntinized.Companiet.
a.. Grantee Certifies that it is not on. the Scrutinized Companies that 'Boycott Israel List ot engaged ina boyeett Of
Isrzel Pursuant to Section 287.115, FA, the Department may intmediately.tertiiinate this Agreement at itSsole.
option, ifthe Grantee is found to havesubmitted a false certification; orjfthe'Grantec is placed:on the Scrutinized
Companies. that Boycott Israel 'Lister is engages:1in the boycott ofisrael during the term of the. Agreement.
b. If this Agreement is for more than one Milliondollars, the Grantee certifies. that it-Is.also not on the Scrutinized
'Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or :engaged with business operations in Cuba or Syria as identified in Section 281.135,...F.S. Pursuant
to.Sedtien 287.135, F.S., the Department may immediately terininate this Agreernerit at its soleoptionif the
Grantee is foundto.have 'subinitted a false certification; .or if the Grantee iS placed.en the Sertitinized
CompanietWith Activities inSiidan List, or Sertitinized.CompriniesWith Activities. in the:Iran-P.etrelcitiri.
Energy Sector List, Cr engaged with business operations it Cuba dr.Sytia.durhig the term of the Agreement.
c. As provided in Subsection 287,05(8), F.S., if federal law teases to: authorizethese contracting-prohibitions
then they shall become inoperative..
25. 'lbbying and Integrity.
The Graritce agrces.-that no funds received.by it under this. Agreenient will be expended for thepurposenf lobbying
the Legislature or a State agency pursuant to Section 216347, .FA.,..except that pursuant to the requirements ofSection
287.058(6),. during the term of any executed.agreernent between the Grantee and the State, he Graptee...may
lobby the .executive or legislative branch conceming.the' scope of .Services, performance, term, or compensation
regarding thatagreeinent. The Grantee shall. complY WithSections 11.062.sand 21.6347, F.S.
26. Record Keeping,
The .Grantee. shall maintainbooks, records and documents direttly '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 .Agreernent.. In
the event that any work is subcontracted, the Grantee shall sitnilarly-require-cach subcontractor to maintainand allow.
access to such rccords 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 dcerristelevant to the Granted's.
integrity er responsibility. Such information may include but shall- not belim Red to, the Grantee's businessorfinan c
recorda, documents, or riks ofaily. type or form that refer.to or relate-to.the Agreement. The 'Grantee shall retain such
Attachment 1
9. oflI 2
Rev 1/11/2018
recordsfor the longer of: (I) three:years after the expiration. of the Agreement; or (2) the. period required by the General
Records Schedules maintained by the Florida Department of State (available at: lutp://dos.myfforida.com/library-
•archives/records-management/general-records-schedules/).
21. Audits.
a. Inspector General. The Grantee:Understands its duty, pursuant toSeetidn 20.055(5), RS.; to cooperate with the
inspector general inany itiveStigatidn,:andit, inspeetiOn,..reviewi of hearing. The grantee:Will. comply .With.this
duty.andenstire that ita.Stib.contracts issued under this Agreenientr•if any; impose this .requireinent in Writing, On
its sub -grantees:
b. PhysicaLAccess and Inspection. Department personael.shall be given access m and• may • observe and inspect work
beingperfonned under this Agreement, with. reasonablenotice and duringtionnalbusiness hours, including by -any
of the. following methods:
i. Grantee shall provide access to any location or . facility on whith..Grantee is performing work, or
Storing or staging equipment, Materials. or documents.,..
if. Grantee •-shall permit inspection of any facility, •equipment, praCtides, or..operations required in
performance of.any work pursuant ttythiSAgreeinerkand,
iii.. Grantee shall allow and facilitate...Sampling and Menitoring:Of.any substances,. soils; materials or
parameters at ttny location:reasonable Or necessary to assure' etinipliance. with. any work .or legal
• requirements. pursuant to this Agreement.
c.. Special Audit Requirements; The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase ordecreas.e shall include, an
updated copy of Exhibit 1, to- Attachment 5. If•the Department fails te provide.an Undated Copy. of Exhibit .1.to
include in each amendinent that .authoriZes a funding:inerease or decrease, the :Grantee shall request One from the
Departm'enti.i:•Grants Manager: The Gfintee.shaIl consider the type of financial .assistance (federal and/Or state)
:identified in Attichnient 5, Exhibit '1 anddetermine whether•the tenns. of Federal and/or"Florida Single Atidit Act
Requirements May further apply to lower tier transactions that. may be a.reSulf.of this Agreeintrit, For federal
financial asSistanee.the.GrantepShall utilize:the guidaac e previdedundef.2 CFR §2130 330for determining .whether
tberelationship.represents that ofn subreeipientor vendor. For State .financialassistance, the Grantee shall
the form entitled' Cheeklist for.Npnstate Organizations RecipientlSubrecipient vs Vendor Determination" (form
number DFS--...42.-NS) that can be. found under the.:"1,in)cs/Forrns" section.appearing at. the following.wcbsite:
httPsMa.PPs•flafs.com\fgaa-.
d.. 'Proof of Transactions.: In addition to documentation provided to support Postreimbursetnent as described.herein,
the Department may peziodically request-addftional proof of a•trantaCtion to evaluate the.appropriateness ofeoita
the.Agreerrienf purinantto State guidelines (including coStallotation guidelines). The Department.
tnayalso. request a cost allocation -plan in support of its multipliers (overhead, indifeet, general .adniinistraxive
coSts,:and. fringe benefits). • The Grantee must:provide theadditional proofwithin thirty (30) calendar days ofsuch
:request
e No .Corruninglina. of Funds, The accounting systems for all Grantees must ensure that these funds are not
commingled with.ftmds from other -agencies. 'Funds from -each agency must.beaccounted forseparately. Grantees
•are.- prohibited frpni commingling. funds on either a program -by -program or a project -by -project basis i Funds
specifically budgeted. and/or received. for one project may not beused to support another project, Where ,a
Giantee's,.or sybreeipietts,..aCcounting system cannot comply with this reqUirement, the Grantee, or subrecipient,
Shall establish' a system to provide adequate fund accountability for. each•projeet it has been awarded.
i.. If the Department finds that these fimds-have been commingled, the DepartmentStiall have the right
to demand a refinid, eitherin whole dr in part of the funds provided to the Grantee under this
Agreement for non-compliance with. the material. terins of this AgreementThe Grantee, neon such.
written. notification from the Department .shall: refund, and. shall fOrthwithpay to the Department,
the amount of.moneydemanded by. the Department. Interest on: anyreftmd shall be calculated.based
on :the.prevailing rate used by the State .Board of Administration -Interest. shall be calculatedfrom
the date(s) the. original payment(s).•arereceived from the Department by the Grantee to the. date
repayment is made by the Grantee to -the-Department
ii, Jn the .e.vent 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
tests as calculated on fromthedate(a) the payinent(s) are recovered by the, Grantee to the date
repayment is.made to the Department.
Attachment
of12
Rev. 7/11/2018
28: Conflict of Interest.
The Grantee covenants that it-presentlyhas no interest and shall not acquire any -interest which wpulciconflictitt any
Manner or 'degree with the performance of services recniked.
29. Independent Contractor.
-The:.Grantee is an. independent contractor and ismOt en:employee:or agent of the Depaittnerit..
30. Subcontracting:
A. Unless otherwise specified inthe. Special Terms and Conditiona,. all Services contracted for arc to be perforined
solely by the Grantee and may not be subcontracted :orassigned without the prior mitten consent .of -the'
Department.
b.- The Department -May, for cause, require the -replacement ,fany Grantee :emplOyee,subcontractpr, or.agent. For
cause, includes but iinot hmited to, technical:et training- qualifications, quality ofw.ork, ehangeinsecurity status;
or non-compliance with an applicable *Department policy or otherrequirement.
c. The Departtnent.rnay, for. cause; deny access.ID the Department's secure information or any facility by any
Grantee employee, subcontractor; or agent.
d.. The Department's actions under paragraph§b: ort. shall -notrelieVethe.Grantee Of its obligation to perform all
work in compliance with the Agteenient. The. Grantee' shall be responsible .fOr the payment of all hinnies due
under any .subcontract. The Departmentshall not be liable to any subcontractor for any expenses or liabilities
incurred under-any:subcontract and the Graptee.:shall be solely liable to the subcontractor for all expenses and
liabilities incurred under any subcontract. . . .
e. The Department wilt not deny the Grantee'A employees, subcontractors, or agents access to 'meetings withinthe
Department's 'facilities; Unless the.basis of the Department's denial is safety.or security considerations,
f. The .Departthent.supperts diverSity in procurement programluid.requestithat all subcontracting opportunities
afforded bythis Agreeinenrembrace diversity enthusiastically. The: award of subtontraCtS should reflect the full
diversity ofthetitiensofthe State ofFlorida. A list Of minority;ownOd firms that Couldbe. offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at (850)487-0915-,
g. The Grantee shall not be liable for any excess costs. for a .failure: to perform, if the. failure. to petfonti is caused by
the default of a subcontractor at any tier, Aria if the cause of the. default. is completely beyond the Central:of both.
the .cyrantec and :the subcontractor(s), and. without the. fault 'or' negligence of either, nrilessthe subcontracted
products or services were obtainable from othetsourees in sufficient time forthe..Granteeto meet the required
delivery schedule...
31. Guarantie.of Parent Company.
If the Grantee is a.Stibsidiaryofanother corporation or otherbusiness entity, the Graritee:asserts-that itsparent company
Will guarantee a1 of the.obligations Of the Grantee-for.ptirpo§e§:off1fih1ing the obligatiOns Oldie -Agreement. Inthe
;Vent the Gt.-anted is.aoid during the period'the Agreetherit is in effect; the Grantee:agrees.that it'willhe a requitement
ofsale that the newparent company guarantee- all of the:sobligations oftheGrantee.
32. 1Stniiyal..
The respective obligations of the -parties, which by their nature would continue beyond the. terrnination.or.expiration-
pi' this Agreement, including without limitation, the obligations :regarding ,confidentiality, proprietary interests ,„ -and
public records, shall survive termination,. cancellation; or expiration of this Agreement.
33. Third -Parties.
The Department shall not be.deeined to: asatirrie any liability for the acts, failures to act or. negligence pf the Grantee,
its .agents, .servants, andempleYees, nor shall: the. Grantee disclaim its- ow.n. negligence to the Department or.any. third.
Party. This Agreement does not and is -not intended to conferany rights or-rethedies upon any person other than the
parties. If the •Department consents to.'a .subContract, the:Grantee wili.specificalVdisclOie that this Agreenient-does
not create any third-partyrights.. Further, no third parties shall rely opon.tiny of the rightsand obligations created. under
this Agreement:
.34: Severability.
If a cputtof competent jurisdiction deems any term or condition herein. void or nnenforceable, :the other provisions
are severable to that void:provisiOn, and shall remain in fuliforce and effect.
35. Grantee's Employees, Subcontractors and Agents.
All Grantee .employees, subcontractors, or agents petfonning..work.under- the Agreement shall be •properly..traid.
technicians who meet or exceed any specified training qualificatipns. Upon request, 'Grantee Shall-hiritish.a copy of
teChnical certification or other proofOf qualification,. All employees subcontractors, or agentsperformingwork under
the Agreement. mnst Comply -with -ail security :and adinitiistrative requirements of the Department and shall comply
with all controlling laws and rcgulations.relevant to the services they are providing under theAgreernmit.
36. Astignm.erit.
Attachment 1
11 of 12
Rev; 7/11/2018'
The Grantee shall not sell, assign, ortransfer any.of its rights, duties, or obligations. under the Agreement, or under
any purchase.order. issued.pursuantto the Agreement, withoutthe prior written consent ofthe Department: In the.event
of any:assignment; the Granteefremains sccondarilyliable 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 ta do so.
37. Prohibited Local Government Construction Preferences.
Pursuant to: Section 255.099 t, F: S., for a,.competitive solicitation for construction services in. which 50 percent (50%)
ormore of the cost will be paid from state -appropriated funds:that have.been appropriated at the time the. competitive
solicitation,. a state college, county, municipality.,: school district, or other: political subdivision ofthe state may not use
a !Deal ordinance or regulation thatprovides a preference based upon:
i.
Theeontractor's Maintaining an office' or place of business within a particular local jurisdiction;
ii. The contractor's hirint eniploycos or subcontractors from within a particular local jurisdiction;or
iii. The contractor's prior payrriient: of local tares, 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, or otherpoliticl stibdivision.of the state.shall. disclose in the solicitatinn..document that any applicable local
_ordinance. or regulation does not include any.preference that is prohibited:by this section.
38.. Prohibited Governmental Actions for.,Public 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 govemmient created or established by law or
ordinance and the officers thereof The terse. 'includes, but is not !united: to, .a county a city, town, or ether
municipality; Or A. department; .commission, authority,. school district,. taxing district, water management district,:
board, public corporation, institution of higher education, ar 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 activityof which fifty percent (50%) or mere of the cost will be:paid from state -
appropriated funds that were appropriated at the time of:tlie. competitive solicitation and which consists of
construction; maintenance;` repair, renovation,.reuiodelingor improvement ofa building,:road, street, sewer; storm
drain, water system, site. development, irrigation system, reclamation project, gas or electrical distribution system;
gas or electrical substation,. or other facility, project, or. portion thereof that is owned in whole orin pant by any
political subdivision:
c: Excevt as required by'federal or state law, the state or political subilivision.that contracts for a public works project
nay not.require that a contractor, subcontractor or material supplieror carrier engaged in suohproject:
i.
Pay einployees apredetermined amount .of wages or.prescribe anywagerate;
ii. Provide employees a. specified type,. amount, or rate. of employee benefits;
iii. Control, limit, or expand staffing; or
iv. Recruit,. train, ar hire employees from designated; restricted, or .single source..
d. For any competitive solicitation that Meets the criteria of this section, the state or political subdivision that.
contracts for a public works project;may not prohibit 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:those• vendors listed ander Section. 287.1:33 and
Section 287;134; F.S:
e. •Contracts executed tinder Chapter 337, F.S.: are exempt from these prohibitions.
39, Execution.iia Counterparts and Authorityto Sign.
This Agreement,, any amendments, andlor change orders related to the. Agreement, may be executed. in counterparts,.
each: of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Actof 1996, electronic signatures, including facsimile transmissions, may 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 patty. to the Agreement.
Attachment 1
12 of 12
Rcv. 711112018.
STATE .OF FLORIDA
DEPARTMENT OF ENVIRONMENTAI, PROTECTION
GRANT AGREEMENT
SPECIAL TERMS AND. CONDITIONS
• AGREEMENT # MV31.2
ATTACHMENT 2
These Special Terris and Conditions shall be read together with. general terms outlined irthe:Standard Terms and
ConditiOnsi. Attachment 1. Where n.conflict, these more specific tenns.shall apply.
1. S6ope. of Work:
The.Project funded uncles:this:Agreement is Conduct pintm-ourbOatoperatiOns for residentitid transient in
Clearwaterliarbor.. The Projcctis definedin:more detail in the Attachment 3, Grant Wad( Plan.
2. Duration.
a. Reimbursement:Peridd..
The reimbursementpetiod for this..Agreenient begins. upon execution through September30, 2020, which shall be
defined as the Project Completion Date: All work., eligible for reirnibursement under this Agreement, must be
Completed hy'the'ProjeCt Coinpletioritiate.
b. ExtensionS. There are extensions available.for this. PrOject
C. .Service.Periods.. Additional service periods are nolauthoriied under this Agreement
3. Payment Provisions.
a. Compensation. This is a. agreetrient. The Grantee.shall.be compensated tinder this Agreentent as.described
in Attachment3.
b. Invoicing. Invoicing...will. occur as .described in. Attachment 3.
c. Advance .Pay.. Advance.Pay is not authorized under this Agreement.
4. Costs Eligible: for Reimbui*mentor Matching Requirements..
Reimburse -silent forcosts or availability for costs to meettiatchhig.requirenients shall belirnittd to the following bUdget.
categories,. as defined irtheReferente Guide for State Expenditures, as indicate&
Reimbursement Match. Category
21 • SalarieS/Wages
Overlidad/Indircet/Cieneral and Administrative
1:1 a. Fringe Benefits, N/A.
El Indirect Costs, NIA.
• Contractual (Subcontractors)
• Travel
O ▪ Equipirtent
O o Rental/Lease .of Equipment.
121 Miscellaneous/Other' Expenses
O 0 Land Acquisition
6.- :Equipment: Purchase:
No Equipment purchases shall be fundecI:under this Agreement.
6. . Lund. Acquisition
There will be no. Land.Acquisitions.funded under this Agreement.
7. Match Requirements
The. Agreement requires. at least a 25% -match 'an the:part of the Grantee. Therefore, the Otantecis responsible for
providing -34,909N through cash or third party in-kind towardsthe work. itinde.d under this Agreement.
Attsichmenc 2, Agieementtmv312
1 of 2 Rev.. 1.243117
The .Oranteemay claim allowable project expenditures. made. upen execution or after for purposes 'of meeting its'
match rcquirpmentas identified above.
Each payment request submitted shall document all:matching funds and/or match efforts (I.e.,. in-kind services)
provided during the period covered by each request. The final payrnent will not be processed until the match
requirement has been met.
8. Quality Assurance. Requirements
There.are no special Quality Assurance requirements underthis .Agreement
9. Additional Lobbying Requirements fiir Federally -Funded Agreements
Wert() Attachment ft
Miscellaneous Contract Terms
.a). Retainage.
NO retainage is required andcrthis.Agreement
b) Subcontracting.:
The: 0.rantee .mity subcontract work under this Agreement Without the •priorWritten consent.of the
Department's..Grant Manager except for certain fixed-price:sulkontracts pursuant to this Agreement; which
require prior approval. The Grantee shall submit a copy pf theexecuted subcentraeltOthe.15epartinent prior
to, sub.mitting any invoices for subcontracted work. Regardless of any subcontract, the drante.c.is ultimately
responsible for. all work to be.:performed underthis Agreement_
0) Stateowned
Themork wiEI mot.be. gerfuthedoti State-owtedland.
11. Additional terms
A ny. Forms willed hei.e intqt be appAvved by the. Office 01.G6ler-al C:ortn:vel.
Attachment 2, Agreement ti MV312 2 oft Rev. 12/13/17
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORKPLAN
CLEAN VESSEL ACT GRANT PROGRAM
DEP AGREEMENT #: MV312
ATTACHMENT 3
PROJECT TITLE: Clean Vessel Act Grant; CVA184391,..city of Clearwater ("Project")
PROJECT LOCATION: .25 Causeway Blvd:, .ClearWater, FL, 33767 ("Project Site)
TASKS AND DELIVERABLES
Tbefollowing is a schedule detail for the completion of the task a required.tO complete
this. Project Payment may be requested upon StibmisSicinjeview, and approvalorthe..deliverables aisigned to each
task
Permits
The Grantee is responsible for .obtainingall state and local. permits and approvals required for installation and
°petitionof pumpout equipment prior to commencement of this Project Copies of .pennits; letters of permit
issuance; and inspections.reperts,as applicable, will need to be submitted to the. Department before .the Grantee
commences any work on the stibsequerit pennit-related task./activities below.
Task I: Maintenance and Repair
The Grantee is responsible Tor maintaining the pumpout according to manufacturer's specifications. and providing
anyteceSsarY repairs. ThisiteludeS putripOitt Vesselmotor service, brittoin cleaning, and bottom painting:
Deliverables:. Completion of task.asevidenced by subinittal of a list 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 deliVerablesassociated with this task to
confirm that. the necessary maintenance and/or tepair(s). were.completed.
Task Deadline: August 1.2020
Budget:
Allowable. Costs fortis task.are for Salaties/Wages;.MiScellarteous/Other apenses.
Task 2: Operafions of Equipment
The Grantee operate eaeh.punmout .facility or durnp station:funded under this Agreement. in accordance with
this Agrceinent.and a Pumpotit Station Operational Plan; the details of which arelielow.. Pumpout facilities must .bc..
designed and operateditt accordance With.stateatidlocal health regnlationS.
• Pumpout Station Operational Plan: Grantee will complete a Pumpout Station Operational Planthat specifies
.hours of operation; maintenance principles, methods. to.deteimine. volume cif:material pufhPed,-including the.
.use of flOw:meten as inaYbe neeessary,. antlasstumneeS that the.puriipout.faCility, pumpout vessel, or dump
Station will be used solely for theenllettion ofrecreational boat seWage,
• .Daiiv Puiripout Loa Sample: The Grantee williltty..sUbmit apumpoutlog sample, which. shall provide for
how the Grantee Will track, en a daily basis,.vesSela *pumped,. total gallons .puniped.per. Vessel,. out of State
vessels, fees collected, and maintenance costs. The actual daily legnot. reimired.inbe 'Submitted to the
Department. •However, Grantee must keep the logs as baokupdcietimentatitin for five(5) years-following:the
Projectcompletion date.
Attachment 3, PEP A.gracment.# MV312
Page 1 bf3. Rev.. 8/28/17
46. Quarterly Putripout Report: TheGrantee wilalSotorriplete the quarterly puinpoutreport in accordance with.
the Project -Specific kequirettentsi paragraph S.C. beginning uptin'the first .titiartCr Oloperittions.
Deliver.ables: Completion otthis task.as.evidenced by submittal .ofa copy nf thiPumpoitt Station. Operational
Plan, punipout logsample, and quarterly purnpout reportW.
Performance:Standard; The. Department's Grant.Managerwill.reviewthe Pumpout Station Operational plan,
punwout lug sample,.atul quarterlypnmpout. report:to:confirm that the Qrantee is.pperatingin-accordance with this.
task and the Agreement
Task Deadline: August 0020
Budget
Allowable•costs for tbis task.are for Salades/Wagea.
CVA TASK BUDGET TABLE:
Miscellaneous/Other E enses
SALAMESMAGES :BY TASK:. Salaries for personnel, if listed below, shall.only be reimbursed for salary
rates and hours spent on the Project. The Grantee shll not be reimbursed for multipliers (Lc., fringe benefits,
overhead, indirect, and/or general and administrative rates). Cost Reimbursement is based on direct salary rates
with the maximuirililloWable rate per hour indieated below; Salaries/Wages:reimbursement request a must
include: (1) list of employee position titleklassifidatiOns; (2) hourlyrate; (3) the specific dates fortime worked;
and, (4)miniber of &Mrs worked perposition title classifidation by ate and total..
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed, the category .totals for The
Project as indicated below.
.75404.0.V.V.4,5MNP.O.X44.e.A*4:4`,R,TP:PAWfba.:. • =VAI4E;52'V?.:%f
!,',;',7:*;.:,,:fr-43§4r4t.r.S.474r5:gate$0, /12;f141945044agi$,Ofit
83V,tii
xce.
Mikng
Salaries/Wages Total.
$ 10,500..600
$ 3,500.000
Attachment 1 DEP Agreement:4 MV312
Pag.e: 2 Of 3
Rev. S/28/17
Miscellaneous/Other Expenses Total
11,500.000
$ 500.000
.',•:-,:::3::;:Zii!,.::t,',;;'::':-.::::.i...;'-',;•:.:.:::•.],:•.•:,:i3..',17ii:till•:!:::.i:`,.;:;,..;:j.....!:,:::.;.:::',:::;;;:':.:.:i-,:;:;:,:::f.::::::.:.::;.::::•:::::z.:.'.::::::,-::
::::,:.:.:........::F.:,;.::::::•:i:i;::•:S12;000; :::.':::,-.E',..':;',.....;:•:::i-si::::::.::
:;..i.:;;:;::::1.::•::-'-::-..:::!:;,:::::.:!.'i'•i$4; i (15!::.ffi.?...V.:.:2,";;i:,..:":f!',!:,:Firi'..
',2;:',.1.1:.-1,;.:•:0::?::::::,.'::.;:.::::.-:•::-...;•••:;;•
4iiiiiiiiike:.•IYIiiiii.•'•:-::;'•:::::',',..;-•:;•••-:::-.••••::':'-;r.'.,',•'..;
::'.,:::';',','•1'..r....;,:.•••'••':.'.Y•• ....?;:,'•:1:-:';:••'‘,..1:-,:...'`.';'-'••'•••:•.:•; .i.••••••••:•.;;;:•.:•.:::'''••':::'::•.'.'",;'...::•••:::'---::::1Ski:A:•:::.i...11•'.;•',.:'7i-''::::F.•'•?••:,i7:;:',4.;:.
REMAINDER OF:PAGg INTENTIONALLY LEFT BLANK
Attachnieiit 5, DEP Agreement # MV3 12
Page 3 of 3 Rev. 8/28117
DEPARTMENT OF. ENVIROMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records
a. If 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
forni, characteristics, .or means of transmission, made ofreceived by the Grantee in
conjunction with the Agmm.ent (Public Records), unless the Public Records are exempt
from section 24(a) of ArticleI of the Florida Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate theAgreettent, if the Grantee refuses to allow
public 1access to PublieRecords as -required by law.
2 Additional Public Records Duties of Section 1.19;,0741, Fs, If Applicable.
For the purposes of this paragraph the term "contract!' means the. "Agreement." If the
Grantee is a "contractor" as defined section 119.0701(1)(a), FS., the following provisions
a. Keep and maintain Public Records required:by the Department to perform the service.
b. Upon request; provide the. Department with. a copy ofrequested Public. Records or:allow the
Pubhc Records to be inspected or copiedwithitra reasonable time at a cost that does not
exceed the cost proyidedsin Chapter 119, FS:, oras otherwise provided bylaW.
c. A contractor who fails to provide the Public Records to the Departinein within.a reasonable
time :maybe subject to penalties, under section 119,10, F.S.
d. Ensure that Public Records that are.exenipter 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 contractor does not transfer the.
Public Records to the Department.
e. Upon completion of.the contact, transfer; at no cost, -to the. Departmentall Public Records in
possession of the mita-dor or keep and maintain PubliC. Records required by the Department
to perform the service. If the contractor transfers all Public Records to the Departinentupon
completion of the contract, the contractor shall destroy any duplicate Public Records that are
exempt orconfidential and exempt from PnblieRecords disclosure requirements. Ifthe
contractor keeps and Maintain&Publie.Records upon completion of Me contract, the
contractor Shall meet all applicable requirements for retaining Public Records. All Public.
Records stored electronically mast be. provided tp the Department, upon request from the
Department's: custodian Of Public Records, in a format specified by the Department as
compatible With the information technology systems of the Department. These:formatting
requirements are satisfied by using the data formats as 'authorized in the contraetbr Microsoft
Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to
access.
t; IF THE CONTRACTORHAS QUESTIONS REGARDING THE
APPLICATION. OF CHAP.TER 1 19, F.S., TO THE CONTRACTOR'S.
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE
CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF
Attachment 4-, DEP Agreement Mx MV3 12 Page 1 (4'2 Rev. 5/26/17
PUBLIC RECORDS AT:
Telephone:
Email:
Mailing Address:
(850) 245-2118
public..services@dep.state.fl.us•
Department of Environmental Protection
ATTN: Office of Ombudsman and Public
Services
Public Records Request
390.0: Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4, DEP Agreement No. MV3 12 Page 2 of 2 Rev. 5/26/17
ATTACHMENT
. SPECIAL AUDIT REQUIREMENTS
The:administration of resources awarded by. the Departnient of Environmental. Protection. (Which may he referred to
.as.the "Departinent", "DEP"; TDEP" or '!Grantor' ; or other name in the.eontreicilagreentent) to the recipient (whith.
may he*eferred.to as the "Contractor", Grante.e".or other *snit ia the-cOno-tict/agreentent) Maybe subjectto audits.
and/or monitoring by theE Department of Environmental ProtectiOn,..as..clescribed.inthis attaehnient.
MONITORING
• In addition to reviews of conducted in accordance with. OMB Circular A-133, as revised, 2 CF.R. Part 200„
Subpatif, arid Section 215 97, F.'S., as revised (see AUDITS below), monitoring proceduresmay include, but not
be limited to, on -Site 'visits byDepartment 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 &green:kilt; the reeinientagrees to
Comply. and cooperate. With anyinenitering procedures/processes1 deemed appropriate by the Departnieiit .or
Environmental Protection. In the event the Department of Environmental Protectiondetertninesthat a limited scope.
audit oldie recipient is appropriate, the recipient agrees. to comply with any additional instructions provided by the
.Department to the.recipient regarding such audit. The recipient further agrees to comply and cooperate:with any
inspections, reviews investigations or audits deemed necessary by *thief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if. the recipient.isa Stateur local government or amon-profit, organizatiOn.as. defined in OMR
Circular A-1.33, as..revised.(for fiscal year startdates prior .t� December 26, 201.4), or. asdelmed in 2 CFR §200,330.
(for fiscal year start dates after December: 26, 2014).
1.
In the event that the. recipient :expends .$500,000 (050,000..for fiscal year start dates after December 26,
2014) or more in Federal -awards -in its fiscal year, recipient must haveu single .or program -specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, .and 2.C.F.R Part 200,
Subpart F. 'EXHIBIT I to this Attachment indicates Federal. funds .avarded through the Department of
Environmental Protection by this Agreement In determining the Fecieral.aimards expended in its .fiscal year,
the recipient shall. consider all sources .of. Federal awards, including Federal resources -received Hitt the
Depart/nem ofEnvironmental Protection. The determination brarttoots of Federal awards expended should
be in accordance with the guidelines established OMB Cireulat A-133,.as;revised, and 2 CFR Part 200,
Subpart.F. An audit of the recipient eonductedbythe Auditor General in accordance with the provisions of
OMB Circular A-133„ as revised, and 2.C.Fit. 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 auditce responsibilities as provided in Subpart- C of OMB Circular A-133, as.revised,
and.2 CFR Part 200, .j1 F.
3. If the recipient expends less than..S500;000 (or1750;000, as applicable)' in Federal awards in itsfiseal year,
an. audit conducted in accordance with the provisions .olOMB Circular A,133, as revised, and 2 CFR Part
200, .Subpart F, is not required. In the. event that the recipient expends less than. S500,000. (or $750,000„ as
applicable) in Federal awards in its fiscal year and eleets.to.have an audit conducted in accordance with the
provisionsuf 0.MB:CircularA-133. asrevised, and 2 CFR Part 200, Subpart F. the cost of the audit must be
paid from non-Federalresoinces (lc., the cost of sudh an auditmust be paid from recipientresourcesubtainet1.
from other thanTederal entities).
4. The recipient may access information regarding the Catalog of Federal 176mestic Assistance (CFDA) via the
interact at WWw.cfda.nov
Anachmem 5, NgeI of 4
FART STATE. F U1s1120
This part is applicable if the recipient is a nonstate- entity as defined by Section 215:97(2)(n), Florida Stattites..
1.. In the- event that the recipient. expends a :total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year Of such recipient the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 2.15.97, Florida Statutes; applicable mkt of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or19.6$9 (nonprofit and for-profit
organizations),..Thiles of the Auditor General.. EXHIBIT .1 to this Attachment indicates state financial
• assistanceawarded through the Department of EnvironmentalProtectionby this Agreement. . In determining
the state financial assistance expended. in its. fiscal year, the recipient shall .consider all sources of state
financial assistance; including...state financial assistance received from the Department of Environmental
Protection, Other :State agencies, and ether nonktate entities. State financial -assistance does net include
Federal direct or pass-through awards and resources received by a nOnstate entity for Federal program
matching requirements.
2.. • In:connection with the audit requirements addressed inPart.11, paragraph 1; the recipient shall.ensure thattlin
.audit complies with the. requirements of Section 215.97(7); Florida Statutes. This includes submission of a.
financial reporting package as defined. by Section 215..9.1(2), Florida. Statutes, and Chapters 10•..50.(local
governmental entities) or 10.650 (nonprofit and. for-profit organizations), Rules of. the Auditor General..
.3. If the recipient expends less than. $750,000 in atate.finencial 'assistance in its fiscal year, .an..andit conducted
inaccordaticc'with the provisions. ofjSection.215.97,.FlOrida•Statutet; is'nor required. In the eVent that: the
recipient expends lass: than .$750,00.0 instate financial assistance in its fiscal year and elects to have audit
conducted in. accordance with the provisions of Section 215.97,..?lorida 'Statutes, the cost of the audit must.
• be paid.from the non state resotnees -cost. of such an audit must be paid from the recipient's
resources -obtained from other -than State entities).
4. For information regarding the Flonda,Catalog of StateFinancial Assistance (CSFA), a recipient should access
the Florida. Single Audit Act website located at https://apps.fidfS.coindsaa for assiStance.. In addition to the
above websites; the 'following. websites may be 'accessed for information: Legislature's Website at
htto://wWw.leg.statellais/Weleomeindex.elin„ State of Florida'sWebsite at htn3:/AvwW.mvfloiida.com/,.
Department of Financial Services' -WebSite at htin://WwvaldfS:cond and the. Auditor General's Website at
http://Www.millierida.cOntiaudgen/.
OTHER. AUDIT REQUIREMENTS
(NoTe..... This part would be used to .specify any additional audit requirements imposed by the State awarding entity
that cows -solely a inane). of that State awarding entity's policy the .audil is not required by Federal or State laws
and isnot in conflict With:atherFederal orStateaudit requirements). Pursuant toSection 21.5.97(8)f Florida Statutek,.
State -clgencis may conduct or arrange:for audits of:State financial as,Wstanee that are in addition to audits..conducted
in accordance With Section 215.97, FloildaStatutei. In such an event, the State 'awarding agency must arrange/0e.
funding the full cost :Of mich..ddditicine audits.)
PART IV: REPORT SUBMISSION
1.
Copies of reporting packages for audits conducted in accotdance..with OMB. Circular A.-133, as revised, and
2 CFR Part 200, Subpart and required, by pART. I of this Attachment shall be submitted,. whertrequired by
Section ..32Q. (d), OMB CircularA-t33, as revised, and 2 CFR Part 200; :Subpart F,.by prop behalf of the
recipient directiv tneach of the following:
A.tocharig 5. P itge- 2 of 4.
A. The Department of.Envirorun.ental Protection at one of the following addresses:
By Mail:
AuditDirector
Florida Deparinienfof Envirenniental. Protection
Office of the inSpetter:General;MS 40
3906 Commonwealth Boulevard
Tallahassee, Florida 32399-3000.
Electronically:.
FDEPSingleAndit@dep,stAte.fLus
B. The Federal Audit Clearinghonse.deiignated OMB Cireular A-133, as revised, and 2 CFR:1200.501(0.
(tht number of copies .recluirect by Sections .320 (d)(1) and (2),. OMB. Circular A-133-; as revised,
And 2 CFR §200.501(a) :should be iiibmitted to the PederatAudit Cleariqhouse),. at thefollowing
address:
P.
Federal Audit Clearinghouse
Bureau of the Census
1201 East10th Street
leffersOnVille, IN 47132
Submissions Of the Single Audit reportingpackage. for fiscal periods ending on.Or after 'Titulary 1,
.2008; Must be submitted. using the Federal CleatitighoUse's Internet Data.EnttY System which can
be found at httn://harvester.Censtts..gov/facweb/
Other Federalagencies and pass-through entities in accordance with Sections .320 (e) and (I), OMB
Circular A-133, as revised, and 2..CFR §200.512.
2. Pursuant to Section 310(i), OMB Circular A -I33, as revised, and 2 CFR Part 200, Subpart F, the recipient
Shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as reVised,
and 2 CFR Part 200, Subpart F, and arty management- letters issued by the auditor, tci the Dcpartnicnt of
Environmental Protection At One the following addresses:
By Mail:
Audit Director
Florida Deo-rune:it:of Environmental Protection
Office of the inspector General; MS 40
3900 Commonwealth Boulevard.
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinkleAndit@depstate:ttus
3. Copies of financial reporting packages required by -PART Hold:AS Attachment -shall be submittedby Orbit
behalf of-the...recipient:directly to each ofthe following:
A. The DepartmentneStiVirotunental Protection at one of the following addresses:
By Mail:
Audit Director
Florida DepartMent of Environmental. Protection
Office of the. hispector General; MS 40.
3900 Commonwealth Boulevard
Tallahassee, 'Florida 32399-3000
Attaclinictu Page 3' o f 4
Electronically:
EDEPSirmleAuditadep.statell.us
The Auditor General's Office at the following addressi
State Of Florida Auditor General
ROom.-401,.Claude Pepper Building
III West Madison Street
Tallahassee, F1oricia.32343094450
4. Copies of reports- or management letters'required by PART III of this Attachment shall be.subMitted by or
en behalf of the recipientAireetiv to the.Department-of Environniental -Protection at one of the
addresses:
By Mail:
Audit Director
Florida Department -of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEP S in gleAudi trii/de .state.11.us
5, Any reports, management letters, br other information required to he .subinitted to the Department of
EnvirotiMental Protection pursuant to this Agreement ahall be submitted timely in accordance with OMB
Circular A-133,, as revised, and :2: CFR Part 290, Subpart F, Florida. :Statutes., or Chapters 10.550 (local
governmental entitieS) or i0.650 nonprolitand for-profit organizations), Rules of the Auditor General, as
. applicable.
6. Recipients, whin.sUbmittingfinancialreporting packages to.the Department of Environmental Protection for
audits:done:in-accordance-With 0MaCiretilar as reVised and2 CFR Part 200; Subpart F, or Chapters
10.550. (leCal gOverrnitental erititieS).er -10650 (pOriprofit and fOrIitofit organi2ations),. Rules of the Auditor'
General, should indicate the date that the:reporting Package Was delivered to..thc.rccipientin correspondence
accompanying the reporting package,
PART V: RECORD RETENTION
The recipientshall retain suincientrecords demonstrating its compliance with the terms of this Agreement for a period
of:5 years from the date the andit report is issued, and shall: allow the Department of Environmental Protection, or its
.designee, Chief Financial Officer, or Auditor General,aceess tO Such records upon request : The recipient shall maitre
that audit working :papers are made available to the Department of Environmental Protection, or its designee, Chief
Financial Officer, or Auditor General upon request for h period' of 3 years from the date the audit report is issued,
unless extended in writing by the Department of Environitiental Protection.
BE1vIAINDER OF PAGE INTENTIONALLY LEFT.BLANK
Attachnunit Pags 4 of4
EXHIBIT —•1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Retiplent Pursuant to this Agreement Consist of thef011Owitig:.
Federal Program
Number
Federal Agency
CFDA
Number
CFDA Title.
Funding Amount
State
Appropriation.
Category
Original
Agreement
US Fish & Wildlife Service
15.616
Clean Vessel Act
• $12,000.00
1401.22
State-Resotirees AWarded-to the Recipient Pursuant to:this Agreement Consist of the Following Matching Resources for Federal Programs:.
Federal Program.
NumberAppropriation
Federal Agency
CFDA.
CFDA Title
:Funding Amount
State
. Category.
State
Appropriation.
Category
State Resources. Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97 F.S.:
State Program
NUmber.State.
. .
Funding Source
Fiscal. Year
CSFA
Number
CSFA Title
or . .
Funding Source Description.
Funding Amount
State
Appropriation.
Category
Total Award $12,000.000.7:lar,,
Foe each program identified above; the:.reeipientsliall comply with theprogratnrequirenie;nts described.in the Catalog of Federal Domestic Assistance (C.FDA)
[www.cfda.gOv] .and/or the Florida Catalog of State Financial.. Assistance (CSFA) ilittps://apps:ficifs:com/fiaa/searchCatalou.asoxt The services/purposes for
which the funds are,tobe used are included:In the Contract scope of:seryiccs/work. Any match .required by the recipient is.clearlyindicated in the Contract.
Page 1 oft
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 the Clean Vessel Act (CVA) is to reduce overboard sewage discharge from recreational boats by
providing pumpout and dump stations for recreational boaters to dispose of human waste in an environmentally
manner. The purpose of the CVA Grant Program ("Prograte)-is to establish .or restore .puinpoidfacilities that are
operational arid accessible to the general boating public for the useful life of -facilities. The Program Also provides
educational Materials lei -boaters On the hazards of boater sewage,. when applicable.
2.. piimpoutStation Operation Plan.
The Grantee shall operate each pumpout facility .or dump .station fUnded.under this Agree at so that it is open and
available to the recreational boating public. Each pumpent facility; pumpout vessel,- or dump station shall be operated,
. maintained, and continue to be reasonably accessible to. all recreational vessels for tbe. period of timeset forth in the
Agreement The Grantee will conduct operations of the putopout:facility; pumpout vessel, or dump -stations in
accordance with the Pumpout Station- Operational Plan, available for :download from the Department Ckan Vessel
Act Progratnivebsite (see Exhibit I of this Attachment). Pumpout vessels.are lobe used solely for the collection and
• hauling of recreational boat sewage.
3. Program Guidelines.
The.Agreement shall be performed in accordance with lie.Pederal CVA Grant Program Guidelines (50Corle"Of
Federal Regulations (CFR) Parts 8O and 85) which are hereby incorporated by reference as if fully set forth herein:
The.Grantee.acknowledges that receipt of this grant does not imply nor guarantee that a federal.; -state or local permit
will be issued for a.particular activitY.. Further, the Grantee agrees to gamut that all necessary permits are obtained
prior to implementation of any grant -funded activity that tnayfall miclerapplicable federal, state or ideal laws.
-
4: Reporting Requirements.
Some CVA-futided Prefect. have a five (5) year reporting.requirenient If required- by Attachment the Grantee shall
oto Aide a quarterly pumpout report (available.thiline at the Department's Clean Act Program website, listed in
Exhibit 1 .cif this. Attachment, and hereby incorporated by reference) hi accordance with the requirements and
tirneframes set forth in Attachment 3. In addition..to the obligations. listed in Section 32. of Attachment I Of this
Agreement, the reporting obligations of the Grantee in this Section, shall surviveexpira.ton of this Agreement for five
years from the date of completion of th Project..
5. .Fees for PumpoutSeryiees.
Pumpout facilities, pumpout vessels, or dump station services will be provided free of -charge or for a.fte not to exceed
S5 per Vessel. Fees greater than S5 require prior written cost justification approval by the Department If pwnpoiit
fees are collected, such proceeds shall be accounted for, and must be -deducted from any reimbursement requests
submitted by the Grantee for expenses .assdeiated with .cOnduCting. operations and maintenance actiVities.. An
accounting Of allfees Collected Willbe providedon the quarterly liurapotit.teport described in Attachincnt3.
6. 'Project Completion Certification.
Project completion meanstheprajectis open and available:tot Use by tho.public.'Projett must be designated complete
prior to release.of final reimbursement. in order to certify CoMpletion,.theGrantee shall submit a.Completed and signed
Puinpont Project Certification of Completion (available online attheDepartment'sClean Vessel Act Program website
(see Exhibit 1 of this Attachment), and hereby incorporated by reference) with finalinvoice-to the Department
Attachment 6
I of 3
Rev. 9122/2017
7. Program. Crediting and Signage.
The Grantee should display the. appropriatepumpoutsynibol on .facilitica, such as pumpoiit and portable toilet dump
stations, or . on printed material or other :visual representations relating to. Project accomplishments- or
.educationtinformation.(50 CFR §85A5 and 50 CFR §85A7)..Signage specifications and crediting teXt.can. be. found
online. at the Department'S -Clean Vessel Act Program website. (see Exhibit 1 of this Attachment). Required logos and
graphics. must be: requestedfrorn the .Department; requests can be made by email; Cican.Vessel.Actaclep.statelfl.us,
by phone: (850). 245-2100, or through the Department rant Manager.
A. rrspedified in Attachment 3; the following signage is reqiiire& .
i. One (1) Three-foot (3') by. four -foot (4.') sign of the .InteniatiOnal Pumpoin Symbol to be
iodated 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 leleation. adjacent :to the
pumpout equipment, must state: fees, restrictions, hours of operation, operating
instmcticats, an operator:name and phone:number, emergency phone numbers forreperting
service problems, andin.elnde the followingstatement;
"Funded inpart by the.IIS. Fish and Wildlife Service; Clean Vessel. Act through
the Florida Department of Envinitunetital PicitectiOri."
B. If required by .Attachment.3; another printed materials or visual. representations related to the
Project., including education andinstnictional.Materials shall include the following statement:
"Fundedimpart by.the:U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida
.Department of Environmental Protection."
Project Required .Submittals • and Requirements.: . .
The following documents are required submittals under this Agreement Failure to provide any of the ,following in
the time. frames.provided may result in denial These:provisions aiso.represent re.quirements
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
Machin cut).
A. The 'Grantee shall Submit 'a -copy of.exectited sUbcontracts.within ten (10) days after excautiOn.
B. In addition to the detailed supporting documentation,requited for .reirribursementns described. the:
Agreement„ the Grantee shall, with the final .reinibursement.request, submit all of the following:.
1. A completed and signed :Punipout Project Certification of Completion Fbrno. to be
Submitted with the final invoice.
2. Phottgraphie-docurnentatian that the, Grantee has completed the appropriate program
crediting and signage as requited under this Agreement.
3.. QuarterlyProgress Reports (Exhibit A).
4, An. described in the appropriate Task/Deliverables. in Attachment .3, .a. purnpbut . log
sample, which shall provide for daily logging of vessels pumped, total gallons. pumped per
vessel,...outbf. stato.vesse)s, fees: collected, and maintenaiwt. costs, The actualdaily log. is
not required to be .submitted to the Department. liowevor,teGrantenmust keep thc. logs.
as backup documentationfor flvc (5)years. following the Project completion date.
5. As described in the appropriate Tasks/Deliverables:in Attachment 3, a Pumpout Station
Operational Planthat specifles.-hours., of operation, maintentuice principles, methods in
deterniining volurneof material pumped including the use Of flow meters as may be
Attachment 6
2 of)*
Rev. 9/22/2017
necessary, informational/educational materials on.punipout 'operation and assurances that.
the' pumpout facility, pumpout vessel, ordump'station will be. used solely for the conceder"
of recreational boat sewage.
C. In addition, to the submittal requirements identified above; the Grantee is required to, submit.
.Quarterly .Pintipitt Reports (available .for 'download from the Departritent'S Clean Vessel Act
Program website, listed On Exhibit of this Attachment) whed 'one -or -both of the following apply!
1! •
As described in the. Tasks/Deliverables Attachment .3, v.thert..the. Project includes the.
purchase and/or. installation 'of .pumpout equipment, the Grantee is responsible for
submitting Quarterly Pumpout Reports. for a period of five. (5) veers. Thefive. (5) year.
reporting period begins upon. the. receipt of the Certifieate. of Completion and submittal of
the final invoice, and the Quarterly Pumpout Reports are due every quarter thereafter for
'the Licit five .(5) years.
'Z. As described. in the' Tasks/Deliverables Attachment. 3, when the Project includes.
operations and/cit Maintenance and repair,. .the Grantee is responsible for .submitting
Quarterly 'Pumpout Reperts every 'qUarter beginning upon 'execution Of' this. Agreement,.
more specifically the first quarter of operations, through the expiration of this Agreement.
9. State Funds (FIND),
If this Agreement includes' Florida Inland Navigation District.:(FIND) funding, the following provisions also. apply:..
A. FIND Ruler.
The Agreement shall also be performed in accordance with the 'rides governing the 'FIND
Cooperative Assistance Program (Chapter 6613-1, F.A.C.), which, are hereby incorperated. by
'reference as if fully set, forth herein:
B. FIND Signaae Requirements.
Notwithstanding the requirements above, all of the signage requirements and other printed materials
Or visual representations related to the Project, including education and instructional materials must
include the following statement:
Tunded in part by the LI:S. Fish and Wildlife Service, Clean Vessel Act'and Florida Inland
Navigation District through the Florida Department of Environinental Protection.'
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Altachment.6
3 of 3
Rev. 9i22/2017
EXHIBIT 1
The following information is available on the r) pp a .r tment! s Clean Vessel Act Grant Program website (Main. Page:
littp://www.dep.s tate. (I. us/cleanmarina/CVA/d e fa uithtm)
Pumpout Station Operational Plan
Plan must include hours of Operation, equipment Maintenance Schedule; phone nurnber(s), emergency phone
number(s);.-puinpout operation directions, cleaning instructions and VHF channels Monitored. A Sample Plan is
available at: h4p://WwW.dep.statefi.us/cleauraarina/CVA/documentslOperationaIPlanExamnie.doe
:Quarterly Pumpout Report
For a period of five (5) years after completion of the installation of any pumpout project a Grantee .is responsible for
submitting quarterly. -pumpout gallon reports to the Department. You may email Pumpout gallonreports. may be
emailed.to: CleahNegselAct@dep.state.fl:uset faxed to: l-866-340-4683... The Quarterly Pumpout Reportmay be
downloaded. at:
http://Www.dep.state.flusicleatimarinaleVa/docurnents/20.17/eva03. year quarterly Reporting Form.pdf
Pumpout Project Certification of Completion
The Certificate of Completion Formmust be completed and stibMitted with the final invoice to. the Department The
form may be downloaded at:
•http://Www.dep.statedLusieleanmarinakvaidocurnents/2017/cva06. cert completion form.pdf.
SignageSpeeiTicatiOns.
Grantees are required to displaysigns to inform boaters abouta pumpout facility Specifications are listed online at:
http://www.den.Statell.tiskleaindarinalCVA/signs.htin arid the required logos may 'also be requested from the
Department.
Contact the Department's Grant Manager or request the logos by:
Email: Clean.Vsel .Act@idep.state.il .us
Phone: (850) .245-2100
.Pumzout Loesheets
Logs Must be 'kept as backup documentation for a. period of five (5) years. A Sample .Ptulipout Logsheet may be
downloaded at: http://Www.clep.atatefi.ns/eleanmarinWCVA/doctunentS/20.17/PuinPout Loksheetpdf.
REMAINDER OF.PAGE INTENTIONALLY LEFT BLANK.
Attachment 6
1 of
:Rev. 9/22/2017
ATTACEMENT.$
Contract Provisions for DOT -Funded Agreemeiits
The Department, as a Non -Federal Entity as. defined by . CER; 5200.69, shall comply. with :the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee,
the term "Recipient" shall niean "Grantee?
Ftirtlier; 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 of. the award, including applicable provisions
of the OMB .Unifortn. Guidance. (2' CFR Part. 200), 'arid all associated terms and conditions. 'Therefore,
Grantees'mustinclude the serequirementsin all related subcontracts and/or sub -awards. Grantees can include
these requirements by incorporating this Attachment in. the related subcontract and/or sub -awards, however
for all such subcontracts and sub -awards, the:Graantee shall assume the.role.of the.Non-Federal Entity and the
stibrecipients:shall 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 -fails to comply with the
terms and conditions of this Contract,: including any Federal or State.staIi tcs, rules or regulations, applicable
to this Contract; the Non -Federal Entity may 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' in compliance.
iii. Wholly or partly.suspend or terminate this Contract.
iv. Take.other remedies that may be:legally available.
The remedies' identified above, dototpreclude the Recipient frombeing subject to, debarmentand suspension
under Presidential Executive:Ordets 12549 and 12689: ThcNon-Federal entity shall have the.right to.demand
a refund, either inviliale or part, of the fuitds provided to the Recipient for m:incompliance with the terms of
this Agreenietit.
2. Tetmination.for Cause and Convenience
Tertninatign for Cause and. Convenience are addressed elsewhere' in the.Agreement.
3, Equal Opportunity Clause
The following provision applies if the'agreemcnt meets the definition of "federally assisted construction
contract" as. defined by 41 CFR Part 60-1:3:
During the performance of this Agreentent,.the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant. for etnploytnent
because.of race, color, rcligion, sex, sexual orientation, gender identity. or national origin:
The Recipient will'take affirmative action to ensure#hat applicants are employed; and
that.employees are.treated'during enployment: withoutregardto their race, color, religion,
sex, scacual orientation,. gender identity; or national origin. Such action'shall include, but not
beiimited to the following:
a. Employment, upgrading; demotion, or transfer; recruitmentor..recruitment.advertising;
layoff or termination;: rates ofpay 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 ofthis nondiscrimination clause.
ii.. The Recipient willin. all :solicitations or advertisements for employees placedby-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. any manner discriminate.againat
any employet or applicant foreinploytnent because such employee'applicant has inquired
Rev. 6/3.0/17.
Attachment.8
1 of :5:
. .
about,.discussed,or.disclosed die:compensation oftheemployee or -applicant or
another employee or applicant. This .provision shall not apply to. instances in which
.art employee -wholes access to the compensation information of
other' einployees or applicants as a part ofsuch employee's essentialjob functions diseloses
the compensation of a.uPh other employees or applicants. tOindividuala 'Who do not Otherwise
haVe.a.ccess to such information; unless such disclosure is rn response to a formal tOmplaint
ortharge,iti furtherance of an investigation, proceeding, hearing; or actiOn, including an
investigation conducted by the employer, or is 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 hehas. a
c011ectivebargaining agreement or other Agreement.pr understanding, a notice to be provided
advising the said labor union Or workers' representatives of the Recipienrs.commitments
'under thislection,. and shall post copies of the notice in.conspietiouS places available:
to employees and applicants for employment.
v. The Recipient:will amply with all provisient ofEkeentive Order11246of SePteitiber24,-
. 1965;and of the rules; regulations, and. relevant orders:.Of. the Seeretary ofLabor.
vi. The Recipient will furnish .all infOrmationandreporta required by Executive Order 11246.0
September 24, 1.9.65,:and by.- nfies,..regulations, and .orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his boelcs, records; and account.by
the administering agency and the Secretary. of Labor for purposes of. investigarionto ascertain
'compliance with such rules; regulations, andorders.
vii... In the event of the:Redipienft neticonipliance with the nondiscrimination Plaines of this'
Agreement or with any of the said regulations, or orders,. this Agreement may be
Canceled, terminated, Or' :suspended in whOle. or in part atidthe.Recipientinay be:declared
ineligible.for'fintber Government contraets.er federally assisted construction eontraetsin:
accordance with procedures Authorized in Executive Order 1.1246 of September 24, 1965, and
such,other sanctions may be itnpo.sed and reinedips invoked as provided in Executive .Order
11246..of September:24, 1965, or by p..ilc, 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 (1)
'and -the provisions Of parakraPhS (1) through (8):in every subcontract orpiirchase order unless
exempted by rule, regulations; or orders of the .Secretary of tabor isaued pursuant to'seetion
.204 of.ExecutiVeOrder 11246 ofSeptember 24,1965,.so that such.proVisions: will be binding
upon each •suboontractOr or vender, The Recipient :Will take such action with respect tn.
anysubcontractor purchase Order as the administering agency niays direct as nrneans. 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 bythe Recipient, and if.
retained by the Federal LegislatiOn, the 'Recipient must comply With the Davis -Bacon Act (40
3.144, and 3146-3148) as supplenientedby:Departinent of Laborregulations (29 CFR Part 5; "Labor
Standardsfrovisions Applicable to Contracts .Covering Federally 'Financed. and Assisted. Construction). In
ateordatice.With..the stattile;.contraetors :must pay wages tOlaborert and Mechanics at A:rate-not less than
the prevailing :wages 'specified in 'a:wage detentinaticin made by the.Seoretaryof Labor. In additien,
contractors.must pay Wages not less than oncea week. The Recipient mnsteoinply. with the Copeland
Anti -Kickback' Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR. Part
3,-"Contractors'and Subcontractors on Public Buildmg or.Publie:Work Financed in Whole or Part by
;Loans or Grants from the:United...State:a"). The Act provides that each Recipient or subrecipient must be
prohibited from inducing, by any means,any person employed in the construction,.completionor repair Of
public worlr, to give up any 'par tot' the .corop.ensatiOn to which he. or sheds otherwise entitled.
5Contract Work Hours and Safety Standards Act
Where applitable, if the Agreement is in excess of $ wo,oppand involves the employment of mechanics or
laborera, the Recipient inust .comply.with 40 U.S.C: 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Linder 40 USC..3702.0f the -Act, each Recipient must be required. to
Compute the wages of every mechanic and laborer on thebasis ofa inward workweek of 40 hours. Work.
in excess Of the standard work week. is perthistibleprovided that the Worker is compensated at a rate:of:not
Attachment 8
2 of5
Rev. 6/30/17
less than one and a half times the basic ratetifPay'for all hours worked in.exCesa of 46.hours in the work
week, The.requirements of 40 11.S.C. 3704. are applicable to construction Work and provide that no laborer
.or mechanic must be -required to..workin.surrotaidings. or under Working..tonditions which 'are.unianitary,
hazardous or dangerons. These reqnitements do not apply to the purchases .Of supplies or materials or
articles ordinarily available on the open market,' ar contracts for transportation or transmission of
6. *Rights:to Inventions Made UnderAgreement
Ifthe.Federalaward meets the definition of "funding agreement nnder 37 CFR.001,2 (a) and the.NOn-
federal Entity orsubrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the.substitution ofparties, assignment 'or perfonriance.of 'experimental,
developmental,. Of research work under that "funding agreeinetit,'itheNon,FederaI.Entity or subreciPient
must comply with the requirements. of37•CFRPart.401, "Rightsto Inventions Madeby Nonprofit
brganizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by *Awarding agency.
7. Clean Air Act(42 (..1:S.C. 740146710.) and the Federal Water Pollution Control Act -(33 U.S.C.
.1251-1387)
Ifthe Agreement is u excess of $150,000, the Recipient shall comply with all applicable Standards, .orders
or regulations issued ptirsuant.th the.Clean Air Act (42 1.MC.1.401-7671q) and the Federal Water
Pollution Control. Act as ainended (33 1.1.S.C..1251-1387): Violations inust be reported to the Federal
AwardingAgency and the:Regional OffieeOf the Environniental Protection Agerity.(EPA).
8. Debarment and Suspension (Executive Orders'12549 and 12689)
The Recipient:certifies that it is not tiAted. tintht.governmentwide "exclosions in the System.for.Award
Management (SAM),..in accordance with the OMB guidelines at 2 •CFR.180 that. implement Executive
Orders 12549 (3 CFR part 1986 COmp., p. 189) and (2689 (3 CFR part 1989 Comp., p, 235), "Debarment
and Suspension."
9. EivrdAnti-Lobbying Amendment (31 1.1.5.C. 1352)
The Recipient certifies that it will not and has not used 'Federal appropriated funds 10 pay any person or
organization"for influencing or attempting to influence an officer or employee of any ageney,..a member of
Congress:;. officer or employee of Congress, or an employee of a member of.Congressin connection with
bbtaining.arty federal contract, grant orany otheraward covered.bY 31 U.S.C. 1352. Ifapplicable,.the•
Recipient shall disclose any lobbying with non -Federal funds that takes place in. connection with
any Federalaward, using. form SF -LLL, available at;
hunsliapp1v07.grants.goviapplylformstsamule/SFILL 1 2 .P-Y1ancli.
10. Procurement of Recovered Materials .
The Recipient must comply with Section 6002 of the Solid•Waste Disposal Act; as.amended by..the.
'Resource Conservation and Recovery Act as described in.:2•Cfkpart200.322.
ADMIN1STRATPVE
11. 'General Federal Regulations.
Recipientshall coMply With the regtilatiens listed in 2.CFR 200,. 48. CFR.31i.and 40 U,SIC..11.0.1 et
quance.
12. 'Rights to. Patents and Inventions Made Under. a Contract or Agreeinent.
Rights to inycntiops.made. under this assistance agreetrient.are SUbject to. federal patent and licensing.
regulations, which are .codificd.at Title 37 CFRPart,401.and 'Title 35 U.S.C. 200 through 212.
1.3. Compliance with theTraffickinz.Victims Protection Act of 2000 (2.CFR Part 175)
Recipients, the* employees, stibrecipientsAinder this award, and•subrecipients' employees may net;
i., Engage in severe forms of trafficking:in persons during the period of tirrietliat the award is rn
effect;
ii. Procure A:cammercial sex act duting the period of time that the award is in effect; or
Use. forced labor in the perforinance of the award orsubaward.§ under.the award.
14.. Section 102(a) of the.Flciod Disaster Protection Act of 1973 (P.L. 93-234)
.R&ipicnts.Must cortipiSt with flood inSurance.purchase requirements of. Sedtion 102(a) of the .Flood 'Disaster
Protection Act of 1973 (Pl. 93-234), if applicable: This actrequires recipient§ in a Special' flood hantd:Area
toIlarticipate in the program and to.purChaSe flood. insurance if the total oast Of insurable construction and
acqUisition is.S10,000 or more.
'15.. Water.Resources Reform and Development.Act (WRRDA) P.L. L 13-121
Rev. 030/17
Attiehritent.8
3 of.5
Recipients must coniply Witlfthe.Water ResoUrees Reform and Development Act (NI/RDA) P,L..113-121,
if applicable.. This act providesfor improVcinent t� the -rivers and harbors of the-UnitedStates, to. provide
for thecontervationand development ofwater and related resourees.
16. Whistleblower Protection
Recipients shall comply with 11.S.C. .0712; Enhancement of Recipient and Stibrecipient. Employee
Whistleblower Protection. This requirement applies to all -awardsissnedafter July 1., 2013 .raid -effective
December 14, 2.016.hp.s been permanently extended.(Public (P.L.) 114-261).
(a) This award, related- subawards,.andrelated contracts over the simplified. acquisition threshold
and all. eniploYeei working on thisaward,: related subawards; and related contracts over. the
simplified acquisition threthcild .ara :subject to the whistleblower rights and remedies in the pilot
.program...on award recipient- enipleyee.whistlebloWer proteotions estab haled at 41 47 12 -by.
:sectien 828 of the National-DefetteAuthdrization Act forFiScal Year 2013 (EL. 112-43.9):
(b) Recipients, their 'subrecipients; and: their contractors. awarded Contracts over the simplified
acquisition . threshold felated. to this • award,. shall inform their employees. in writing, in the
predominarillanguage ofthe workforce, of the employee whistleblower rights and protections under
41 �8.e, 4712.
(c) The Recipient shall insert this clause,. including this paragraph .(c),• in • all subawards and in
contracts over the SimpiifieclaCqnisition threshold related to this -award;. hest efforts should be made
It include this clause, including this paragraph (C) in any-subawards arid contractsawarde.d priortn
the effective date of this provision.
17.Notification of Termination (2CFR k200.340)
hi accordance with -2:CFR 200,340, -in the event that the Agreement is laminated prior -tri the end of the
period -of performance due to the- ReCipiettf s or stibcontractor!s- material failure to comply with Federal
Statutes, regulations,erthe terms and conditions of this Agreementorthe Federal award, thc termination shall
be reported to the Office of Management and Dudget.(QMB),.designated integrity and performance system;
accessible through System for Award Management (SAM):currently theFeclerei Awardee..Performance and
Integrity infonnatiOn System (FAPI1S) . The Non -Federal Entity will not* the Recipient. -ofthe- termination
and the Federal reqiiiratheritto report the termination in FAPI1S. See 2 CFR.* 200..340 for the requirements
ofthe notice -and the Reeipient'S;rights upon. termination 'aridfollowing termination.
IS:Additional LobbVingRequiretnents
(a) The Recipient certifies that no funds:provided under this Agreement have.been used or will be used
to engage. in the lobbying of.the Federal .Government or in litigationagainst thetrnited.States.unless
authorizedunder, existing law.
(b) The Lobbying Disclosure• Act of .as amended (2 P.S,C. ,§160.1 01 seq,), prohibits any
organization described in Section 5.01.(c)(4) of the.intemal..Revenue Code, from receiving federal
funds through an..award, grant (and/or subgrant) or loan .unless such organization -warrant:that it
does not, and will not engage in lobbying activities prohibited by the Act as a special condition of
Such an. award, grant (and/or subgrant), Or loan. This restriction does. not apply to loans made .
p.ursuantloapprovedrevolving loan progranis or to contracts awarded using prener..procuremeni
preeedUres. • ..
Pursuant td.2 CFR §.200.450 and 2CFR §20.454(c), the Recipient is hereby prohibited from iising.
funds provided by this Agreement for membership dues to any entity or organization engaged in
lobbying activities.
COMPLIANCE WITH ASSURANCES -
19: Assurances
.Recipients -shall comply withany and all applicable assurances made by ihe.Department or the Recipient to
theTederal. Government: dining the Grantapplication process.
DEPARTMENT OF INTERIOR -SPECIFIC
20.Department of Interior (DOD -General Terms and Conditions
Recipients shall. Comply with Dor General Terin.s. and COnditionS available at
httns:/Avu41.doi.gov/painiprOUrarns/finantial 'assistance/TermsandConditions, and ineorp.orated-- . by
reference.. •
21. DOI Regulations.
Recipients shall comply with the -following regulations: 2 -CFR 140071402, 43 CFR 9, 43 CFR 17, 43 CFR
1$, 43 CFR 41, And 43 CFR 44..
Attachment 8
-4 of 5
.Rev. 6/30/1.7
22. Orue-Free Workplace
Recipieritsmust makeanongoingrgooci faith effort to maintain a drug-free workplace -pursuant to thespecific
requirements set forth. in.:Title 2 CFR Part 1401.„ Additionally,. in aecOrdanee with these regtilations; the
recipients must .identi P) all known *trkpideda under its federal .awards, .and :keep. this 'info -II -nation. On file:
during the performanee.of the award.
23. Titles IT and III .of the. Unifonn Relocation Assistance and Real Property AcOttisitiOn Policies Act.
As applicable;Recipient shall comply with the requirements ofthe Uniform Relocation Assistance and Real
Property Acquisitionyolicies Act of 1970 (P.L. 91-646)to providefor.fair and equitable treatment ofpersons
displaced or whose property is acquiredas a result of Federal or fedemlly.assiated programs., These
requirenients apply. to.all interests in real. Omperty acquired for project Purposes regardless of Federal
participation in purchases.
24. Denasit. of Publications ?reduced under Grants
Pursuant to Departmental Manual. 505 DM4. (DOI) and .Seryice Manual. FW1. (USFWS), any grant or.
cooperative .agreertient that Will. produce .apublicatiOn (other Than those lifted as .exceptions) must provide
two. copies . of each publication to the Department of Interior's Natural Resource Library., For :a list of
exceptions, transmittal requirements, and delivery information see Departmental Manual 505 DM 4, Deposit
of Publications .13Fc:!clueed under Grants attittp://elins.dolgoviELIPS/DocView.asnx?id=i671.
UNITED STATES FISK& WILIDLIPESERVICE-SPECIFIC
'25.USFWS Finaneial'Aisistince Award Terms and Conditions
Recipicnts.shall comply with die USFWS. Financial Assistance .Awatillerins and applicable.to
the Specific Federal Award.funding source, available -at https;//wV,,w.livs.gov/grantSlatelitrril, and
incorponned.by reference.
NATIONAL PARKS SERVICE. LAND.AND WATER CONSERVATION FUND STATE
ASSISTANCE PROGRAM -SPECIFIC
26. Land and Water Conservation Fund (LWCF) Project Agreement beneral.Provisions
Recipie.nts.shalt comply with the LWCFProiect Agreement General Provisions available at
https://www.nps..govincrciprograms/lw.cf/oub.htm, and incorporated:hyreference.
27. LWCF Federal Financial Assistance. Manual
As applicable, Recipients shall comply with the. LWCF Federal Financial Assistance Manual Effective
October 1, 2008;. °Hater, available at littes://WWw.iins.gOvincrderogrants/lwolipith.Innt, and incorporated
by -reference..
28. Historic Preservation.
As applicable, Recipients shall comply with Section.106 .of the NatiOna1Historie..Preseryation.Act of 1966,
as Amended (16 us.e, 470), E.O, 11193.. (identification and protection of historic properties), and the
ArchaeologiCal. and Historic Preservation Act of 1974 (16 0.S.C.- 469a-1 el-seq.).
Rev. ,61.1Q117
REMAINDER OF PAGEDITENTIONALLY LEFT BLANK
Attachment.8
5 of 5
Project Number:
:Agreement Number:-
Grantee.
umber:Grantee Name:
EXHIBIT A
PROGRESS REPORT FORM
Reporting PeriodYear-
p g.
Quarter-
'ctoberrNovemberjDec:::
Provide a summary of the. project's .accornplishments.to date.
Provide an update on the:estimated.time for completion -of the project, and an explanation if there`are any
anticipated delays..
Identify below, and attach copies:ofany relevant work being submittedforthisprojectforthe 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 No. =°°.; and accurately reflects the 'activities. and 'costs
S .
associated with'the approved project.
Signature of Grantee's. Grant Manager
Attachment 8
.6 6f.5
Rev. 6/30/17
Date
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
Grantee Name: City af Clearwater
MV: my312 CVA: CVA18-89i
DEP Program: Clean Vessel Act Grant Program
lf reimbursement is being requested, an invoice 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
Total Project
(.10,0%.0f -cost)
I attest that dopornentation has been and will be maintained as required by this Agreement to support the amounts
reported above and is available for audit upon request. I attest that all expenditures prior to this request have been
made and are true and accurate and are only f6r the purposes as described in Clean Vessel Act Grant Project Agreement
No MV, I further attest, that ;:: . : (Grantee) has
complied with the terms and conditions of this Agreement.
Grantees Grant Manager.
CVA 01 Exhibit C (Revised 02/23/2018), Page 1 of 1
Date
IN WITNESS WHEREOF, the arties hereto have caused this Clean Vessel Act Grant Agreement to be
executed on the ,‘3.4`7 day of 1- , 2018.
Countersigned:
CITY OF CLEARWATER, FLORIDA
.--9coritt\crekelcos
CITY OF CLEARWATER FLORIDA
By:
.j2( A AL4A-4-6-4-
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form:
Michael Fuino
Assistant City Attorney
Attest:
Rosemarie CaII
City Clerk