NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD - CZ611 - COOPER'S POINT
DEP AGREEMENT NO. CZ611
STATE OF FLORIDA
COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT
PURSUANT TO THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000 (hereinafter referred to as the "Department" or "DEP") and the CITY OF CLEARWATER, whose
address is Post Office Box 4748, Clearwater, Florida 33758 (hereinafter referred to as "Grantee" or "Recipient"), a
local government, to provide federal funding for COOPER'S POINT.
WHEREAS, the Department is the recipient of federal fmancial assistance from the National Oceanic and
Atmospheric Administration (NOAA), awarded on July 1, 2005, pursuant to cooperative annual award
#NA05NOS4191074 and, as the result of this Agreement the Grantee has been determined to be a subrecipient of
federal fmancial assistance from the National Oceanic and Atmospheric Administration; and,
WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in the
performance of its activities pursuant to this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
1. TERMS OF AGREEMENT
A. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein, which
are attached hereto and incorporated by reference, For purposes of this Agreement, the terms "Contract"
and "Agreement" and the terms "Grantee", "Recipient" and "Contractor" are used interchangeably.
B. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing
under this Agreement. The Grantee acknowledges that this requirement includes compliance with all
applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to
include this provision in all subcontracts issued as a result of this Agreement.
C. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature and receipt of funding from NOAA. The parties hereto
understand that this Agreement is not a commitment of future appropriations.
D, The Grantee acknowledges that receipt of this grant does not imply that the project qualifies for any
applicable state permit or approval.
2. PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and end no later than September 30, 2006,
inclusive, No work may commence and no funds may be expended on Section 306A projects until the Florida
Coastal Management Program (FCMP) and NOAA has approved the Section 306A checklist. Projects funded
with Section 306A funds must comply with Section 306A of the Coastal Zone Management Act, which may be
accessed at http://www.ocrm,nos,noaa.gov/czrnlczm act.html#anchor206619
3 . FUNDING/CONSIDERATION
A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $50,000
toward the total project cost described in Attachment A.
DEP Agreement No. CZ611, Page 1 of 10
DEP 55-236 (04/05)
,
B. Only project costs incurred on or after July 1,2005 and on or prior to September 30,2006, as shown by
project invoices, are eligible for reimbursement. In order to be reimbursed, costs under this Agreement
must be obligated and all work completed by the Grantee by the end of the grant award period
established in paragraph 2. Ten percent (10%) of the funds eligible for reimbursement under this
Agreement may be withheld pending receipt and approval of all work products and deliverables as
identified in Attachment A.
C. The parties hereto understand and agree that this Agreement requires a cost sharing or match on the part
of the Grantee in the amount of $50,000 in cash, in-kind, or third party in-kind, towards the work funded
under this Agreement. All cost sharing/match shall meet the federal requirements established in 48 CFR
Part 31, 15 CFR 14.23, 15 CFR 24.24 and OMB Circulars A-87, A-122 and A-21, as applicable.
D. Allowable costs will be determined in accordance with the cost principles applicable to the organization
incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by
reference.
Or anization T e
State, local or Indian tribal overnment.
Private non-profit organization other than an (I)
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
sub' ect to that circular.
Education Institutions
For profit organization other than a hospital and an
organization named in OMB Circular A-122 as not
sub' ect to that circular
A licable Cost Princi les
OMB Circular A-87
OMB Circular A-122
OMB Circular A-21
48 CFR Part 31
4, REPORTS
A. The Grantee shall submit a quarterly Progress Report Form, attached hereto and made a part hereof as
Attachment B. Quarterly reports shall be submitted electronically to the Department's Grant Manager
no later than twenty (20) days following the completion of the quarterly reporting period, The term
"quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December
31. In addition to the final quarterly progress report, the Grantee shall submit a final project report. The
final project report shall also contain the following sections: Executive Summary, Methodology,
Outcome and Further Recommendations. The [mal project report must comply with the publication
requirements as stated in Paragraph 22 of this Agreement. After approval by the Florida Coastal
Management Program, five (5) hard copies shall be submitted to the Department's Grant Manager no
later than twenty (20) days after the Agreement termination date. Final payment will be held until receipt
and approval of the Final Project Report.
B. The Grantee shall submit quarterly a Payment Request Form <Attachment C), in conjunction with the
Progress Report Form. Failure to comply with these reporting requirements will result in non-payment or
termination. To be eligible for reimbursement, costs must be in accordance with the requirements of 15
CFR Parts 14 and 24, as applicable
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance of a properly completed Attachment C, Payment Request Form, In addition to the
Payment Request Form, the Grantee must provide a Schedule of Expenditures, Schedule of Match and
copies of invoices. The Schedule of Expenditures shall include, the invoice number, a description ofthe
goods or services purchased, date of the transaction, amount paid, check number and vendor name. All
requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida
Statutes.
D. In addition to the invoicing requirements contained in paragraphs 4.A, B. and C, the Department will
periodically request proof of a transaction (invoice, payroll register, etc,) to evaluate the appropriateness
of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines),
DEP Agreement No. CZ611, Page 2 of 10
DEP 55-236 (04/05)
as appropriate. This information, when requested, must be provided within 30 calendar days of such
request. The Grantee may also be required to submit a cost allocation plan to the Department in support
of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-
audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at www.dbf.state.fl.us/aadir/reference guide and allowable costs
for Federal Programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/naralcfr/cfr-
table-search.html and OMB Circulars A-87, A-122, A-21, at
htto:/ /www. whitehouse. gov/omb/ circulars/index,html#numerical.
5. INDEMNIFICA TION/LIMITS OF LIABILITY
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768.28, Florida Statutes.
6. DEFAULT/TERMINATION
A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement if the work described herein has not commenced within
60 days of the date of execution of this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult with the Department regarding the reason(s) for termination.
C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written
amendment of this Agreement. The amendment shall establish the effective date of the termination and
the procedures for proper closeout of the Agreement.
D, The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30)
calendar days written notice.
E, This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow
public access to all documents, papers, letters, or other material made or received by the Grantee in
conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the
State Constitution and Section 119.07(1), Florida Statutes.
F. The Department of Environmental Protection will decline reimbursement to Grantee for services
provided under the terms of this Agreement if Grantee does not submit payment requests and quarterly
reports in accordance with the provisions of section 4. Payment requests and quarterly reports received
by the Department after the 20th day following the completion of any quarterly reporting period will be
considered late-filed and render Grantee in default under the terms of this Agreement.
G. Notice shall be sufficient if delivered personally or by certified mail to the address set forth below. Any
and all notices shall be delivered to the parties at the following addresses:
The Grantee's contact for delivery of notices:
Heather Faessler
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
DEP Agreement No. CZ611, Page 3 of 10
DEP 55-236 (04/05)
The Department's contact for delivery of notices:
Domecia Allen, Grants Specialist V
Department of Environmental Protection
Florida Coastal Management Program
3900 Commonwealth Boulevard, Mail Station #47
Tallahassee, Florida 32399-3000
7. REMEDIES
If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any
Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or
more ofthe following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance.
C. Wholly or partly suspend or terminate this Agreement.
D. Withhold further awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after
termination of the Agreement are not allowable unless the Department expressly authorizes them in the
notice of suspension or termination, Other Grantee costs during suspension or after termination, which
are necessary and not reasonably avoidable, are allowable ifboth of the following apply:
1. The costs result from obligations which were properly incurred by the recipient before the effective
date of suspension or termination, are not in anticipation of it, and in the case of termination, are
non-cancelable; and
2, The cost would be allowable if the Agreement were not suspended or expired normally at the end of
the funding period in which the termination takes place.
G. The remedies identified above do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
8. RECORD KEEPING/AUDIT
A. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. NOAA,
the Department, the State of Florida, or their authorized representatives shall have access to such records
for audit purposes during the term of this Agreement and for five years following Agreement completion.
In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record
retention period established above, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved and [mal action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five years
following [mal disposition.
DEP Agreement No. CZ611, Page 4 of 10
DEP 55-236 (04/05)
9. SPECIAL AUDIT REQUIREMENTS
A, In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable
provisions contained in Attachment D (Special Audit Requirements), attached hereto and incorporated
herein by reference. Exhibit 1 to Attachment D summarizes the funding sources supporting the
Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D.
A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a
funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall
notify the Department's Grant Manager to request a copy of the updated information,
B, The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further
apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the
type of financial assistance (federal and/or state) identified in Attachment D, Exhibit 1 when making its
determination. For federal fmancial assistance, the Grantee shall utilize the guidance provided under
OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents
that of a subrecipient or vendor. For state fmancial assistance, the Grantee shall utilize the form entitled
"Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number
FSAA _ CL2) that can be found under the "Links/Forms" section appearing at the following website:
http://www.fsaa.state.fl.us/. The Grantee should confer with its chief financial officer, audit director or
contact the Department for assistance with questions pertaining to the applicability of these requirements.
10. SUBCONTRACTS
A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee agrees to comply with the procurement requirements
contained in 15 CFR 24 and 15 CFR 14.44, as applicable. The Grantee agrees to be responsible for the
fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment
of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department
shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and
that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under
the subcontract.
B, The Department of Environmental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Upon
request, the Department will furnish a list of minority owned businesses for consideration in
subcontracting opportunities.
11, LOBBYING PROHIBITION
A. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency.
12. CONTACTS
A. The Department's Grant Manager (who may also be referred to as the Department's Project Manager) for
this Agreement is identified below.
Domecia Allen, Grants Specialist V
Department of Environmental Protection
Florida Coastal Management Program
3900 Commonwealth Boulevard, Mail Station #47
Tallahassee, Florida 32399-3000
Telephone No.: (850)245-2161
SunCom No.: 205-2161
Fax No.: (850)245-2191
SunCom Fax No.: 205-2191
E-mail Address:Domecia.Allen@dep.state.fl.us
DEP Agreement No. CZ611, Page 5 of 10
DEP 55-236 (04/05)
B. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager or Point
of Contact) for this Agreement is identified below.
Heather Faessler
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Telephone No.: (727) 562-4897
Fax No.: (727) 562-4755
E-mail Address:Heather.Faessler@myclearwater.com
C. The Grantee's Fiscal Agent for this Agreement is identified below,
Heather Faessler
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758
Telephone No,: (727) 562-4897
Fax No.: (727) 562-4755
E-mail Address:Heather.Faessler@myclearwater.com
13. INSURANCE
A. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during
the life of this Agreement, Workers' Compensation Insurance for all of the Grantee's employees
connected with the work of this project and, in case any work is subcontracted, the Grantee shall require
the sub-contractor similarly to provide Workers' Compensation Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by the Grantee. Such self-insurance
program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case
any class of employees engaged in hazardous work under this Agreement is not protected under Workers'
Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Department, for the protection of the Grantee's employees not otherwise
protected.
B. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and
allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's
officers, employees, servants and agents while acting within the scope of their employment with the
Grantee.
14. CONFLICT OF INTEREST
The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in
any manner or degree with the performance of services required.
15. EOUIPMENT
The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of this
Agreement.
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DEP Agreement No. CZ611, Page 6 of 10
DEP 55-236 (04/05)
16, CHANGE ORDERS
The Department may at any time, by written order designated to be a change order, make any change in the
work within the general scope of this Agreement (e.g., specifications, time line within current authorized
agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the
mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or
decrease in the Grantee's cost or time shall require formal amendment to this Agreement.
17. OUALITY ASSURANCE [Not Applicable}
If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall
develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to
minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed
under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative
Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made a part
hereof as Attachment G, Quality Assurance Requirements.
18. DISCRIMINATION
A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor,
or consultant under contract with any public entity, and may not transact business with any public entity,
The Florida Department of Management Services is responsible for maintaining the discriminatory
vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of Supplier Diversity at
850/487-0915.
C. The Grantee agrees to comply with the provisions of 15 CFR Part 8 "Nondiscrimination in Federally
Assisted Programs." No person, on the grounds of race, creed, color, national origin, age, sex or
disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise
subjected to discrimination in the performance of this Agreement.
19. DEBARMENT/SUSPENSION
A. In accordance with Executive Order 12549, Debarment and Suspension (15 CFR 26), the Grantee shall
agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction, unless authorized in writing by NOAA to the Department.
20. COPYRIGHT. PATENT AND TRADEMARK
Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) and the Department
reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to
authorize others to use, for federal government purposes:
A. The copyright in any work developed under a grant or contract under a grant.
B. Any rights of copyright to which a grantee or a contractor purchases ownership with grant support.
C, All patent rights, copyrights and data rights must be in accordance with 15 CFR 14.36 and 15 CFR
24.34, as applicable.
DEP Agreement No; CZ611, Page 7 of 10
DEP 55-236 (04/05)
21. RESEARCH MISCONDUCT
Scientific or research misconduct refers to the fabrication, falsification, or plagiarism in proposing,
performing, or reviewing research, or in reporting research results. It does not include honest errors or
differences of opinion. The recipient organization has the primary responsibility to investigate allegations and
provide reports to the Federal Government. Funds expended on an activity that is determined to be invalid or
unreliable because of scientific misconduct may result in a disallowance of costs for which the institution may
be liable for repayment to the awarding agency, The Office of Science and Technology Policy at the White
House published in the Federal Register on December 6, 2000, a final policy that addressed research
misconduct. The policy was developed by the National Science and Technology Council (65 FR 76260). The
V,S. Department of Commerce may accept the recipient's findings or proceed with its own investigation. The
Grants Officer shall inform the recipient of the U.S. Department of Commerce's final determination.
22. PUBLICA nONS/AUDIOVISUALS/SIGNS
Before publishing or printing a fmal draft of any publication pertaining to this Agreement, such draft shall be
sent to the Florida Coastal Management Program for review and approval. This does not apply to the required
quarterly reports referred to in paragraph 4 of this Agreement.
A. Publications, printed reports (other than the required performance, fmancial reports or publications as
identified in paragraph 22.B. below), videos, websites or other materials must include the NOAA logo
(logos can be found at the FCMP web site at: http://www.dep.state.fl.us/cmo/grants/logos/index.htm or
contact the FCMP to get a copy) and the following statement on the cover offrrst page:
"This (reportlvideo/website/publication) funded in part, through a grant agreement from the Florida
Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by
the Office Of Ocean and Coastal Resource Management under the Coastal Zone Management Act of
1972, as amended, National Oceanic and Atmospheric Administration Award No, NA05NOS4191 074.
The views, statements, findings, conclusions and recommendations expressed herein are those of the
author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of its
subagencies. "
The next printed line shall identify the month and year of the publication.
B. Publication of the results of research projects in appropriate professional journals is encouraged as an
important method of recording and reporting scientific information. The recipient is required to submit a
copy to the funding agency when releasing information related to a funded project, which includes a
statement that the project or effort undertaken was or is sponsored by the U.S. Department of Commerce.
The recipient is also responsible for assuring that every publication of material (including internet sites)
based on or developed under an award, except scientific articles or papers appearing in scientific,
technical or professional journals, contains the statement shown in paragraph A. above.
C. Audiovisuals: Recipients must acknowledge NOAA support on any audiovisual (e.g., website, video,
slides, etc.) which is produced with fmancial assistance. Unless required under special terms of this
Agreement, this requirement does not apply to audiovisuals produced as research instruments or for
documenting experimentation or fmdings and which are not intended for presentation to the general
public. The acknowledgment must not represent or suggest in any way that the views expressed are those
of the National Oceanic and Atmospheric Administration and must include the statement shown in
paragraph A. above,
If the nature of the audiovisual is such that it is not intended for presentation to the general public, the
following statement, or its equivalent, must be included in the work:
"The National Oceanic and Atmospheric Administration has not approved this (e.g., video, slides,
websites, publications, etc.) for presentation to the general public."
The Recipient must receive approval from the FCMP and NOAA before beginning production and
distribution of any audiovisual (e.g., video, slides, etc.) funded under this Agreement. Please schedule at
DEP Agreement No. CZ611, Page 8 of 10
DEP 55-236 (04/05)
least thirty days for this approval. The Recipient must also provide the FCMP with shooting scripts and
provide two (2) copies of the audiovisual (e.g" video, slides, etc,) upon completion.
D. Sign Requirements for Construction Projects: The Recipient shall erect a sign at the site of any
construction project, maintain it during construction and the sign must remain at the site permanently.
This requirement shall survive the completion date of the Agreement as established in paragraph 2. The
sign must be at least 2' x 3' in size and include the language shown below, and the NOAA, DEP and
FCMP logos. Logos can be found at the FCMP web site at:
http://www.deo.state.fl.us/cmp/grants/logos/index.htm. Sign colors should complement the surrounding
area. The following language is recommended:
"Funding for this project was provided in part, through a grant agreement from the Florida Department of
Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office Of
Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as
amended, National Oceanic and Atmospheric Administration, U. S. Department of Commerce.
The next printed line shall identifY the completion month and year of the project.
23. STATEMENT OF NOAA AND FCMP FUNDING PERCENTAGE AND DOLLAR AMOUNT
When issuing statements, press releases, requests for proposals, bid solicitations, and other documents
describing projects or programs funded in whole or in part with FCMP funds, all Recipients receiving FCMP
funds shall clearly state:
A. The percentage of the total cost of the program or project that is fmanced with FCMP funds; and,
B, The dollar amount of FCMP funds to be expended on the project or program.
For example: " % of the total cost of this project is financed with funds through a grant
from the Florida Coastal Management Program, Florida Department of Environmental Protection,
and from the National Oceanic and Atmospheric Administration in the amount of $ "
24. CONTRACT PROVISIONS
The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions
contained in Attachment I, Contract Provisions, attached hereto and made a part hereof. In addition, the
Grantee acknowledges that the applicable regulations listed in Attachment J, Regulations, attached hereto
and made a part hereof, shall apply to this Agreement.
25. LAND ACQUISITION
Land acquisition is not authorized under the terms of this Agreement.
26. ENTIRE AGREEMENT
This Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to
writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless
otherwise provided herein.
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DEP Agreement No. CZ611, Page 9 of 10
DEP 55-236 (04/05)
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF CLEARWATER
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
B .~, /h.. LJ.. ~4l:.
~
City Manager
D'" 'lSl'l ( ~tX) ~
Attest:
c:a--
By: r-7fn u.. 'fIJ. '!liNHfN
S~ Director
Intergovernmental Programs
Date: SIZ$/o'5
~~
Dornecia Allen
DEP Grant Manager
Countersigned:
Approved as to form and legality:
.~~~
~ Hibbard /
Mayor-Councilmember
~~~~
DEP Program Attorney
Approved as to form and legality:
\ esile Dougall-Si es
Assistant City Attomey
FEID No.: 59-6000289
*For Agreements with governmental boards/commissions: If someone other than the Chairman signs this
Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Letter/
Number
A
-.lL
~
l
l
l
~
--H
-L
-L
Description (include number of pages)
Proiect Work Plan (5 Pages)
Progress Report Form (2 Pages)
Payment Request Form (3 Pages)
Special Audit Requirements (5 Pages)
Disclosure of Lobbving Activities (2 Pages) attach only if applicable
Property Reporting Form (1 Page) if applicable attach only if applicable
Ouality Assurance Requirements (14 Pages) attach only if applicable
Certification Regarding Debarment/Suspension (2 Pages) attach if applicable
Contract Provisions (4 Pages)
Regulations ( 1 Page)
DEP Agreement No. CZ611, Page 10 of 10
DEP 55-236 (04/05)
ATTACHMENT A
PROJECT WORK PLAN
FY05-06
DEP Agreement # CZ611
Proiect Title: Cooper's Point
Recipient
Organization Name: City of Clearwater
Chief Elected Official or Agency Head: Frank V. Hibbard
Title: Mayor
Address: P. O. Box 4748, Clearwater Florida
Zip Code: 33761
Area Code and Telephone Number: (727) 562-4050
Area Code and Facsimile Machine Telephone Number: (727) 562-4052
E-Mail Address: N/A
Proiect Manae:er
Organization Name: City of Clearwater
Name: Heather Faessler, Environmental Specialist
Address: P.O. Box 4748
Zip Code: 33758
Area Code and Telephone Number: (727) 562-4897
Area Code and Facsimile Machine Telephone Number: (727) 562-4755
E-Mail Address:Heather.Faessler@mvclearwater.com
Mailing Address for Warrant (if other than the Recipient address):
County in which project is located: Pinellas
Project is Statewide:
DEP Agreement No. CZ6II, Attachment A, Page I of 5
DEP 55-236 (04/05)
Scope of Work Information
Abstract Description: Briefly but completely describe the problem to be addressed and the project solution to
the problem. Please limit to one page.
The City of Clearwater's Cooper's Point is a 75-acre preserve of uplands and wetlands located along Old Tampa
Bay. The preserve includes unique habitats, including pine flatwoods, mangrove swamps, a high-energy beach and a
live oak hammock. These habitats support avian indigenous species and shorebird nesting and foraging areas; the
mangrove system serves as a critical nursery for numerous fish species. The Army Corps of Engineers permitted the
Cooper's Point Project in 1998; however, the mulch trails and bird observation tower were never constructed, and
thus, the City of Clearwater has requested FCMP funds to construct these features, as well as to conduct a detailed
wildlife survey and to install educational and interpretive signage. The creation of the trail access and observation
tower will increase environmental awareness and stewardship in concert with existing education programs at
Cooper's Point.
DEP Agreement No. CZ611, Attachment A, Page 2 of 5
DEP 55-236 (04/05)
Proiect Obiectives and Related Tasks and Deliverables: List project objective(s) and tasks that will
accomplish each objective. Indicate the quarter in which these tasks will occur and will be delivered. Deliverables
or work products must be listed.
Objective 1: Design and Construction of a Bird Observation Tower
Task I: Design and permitting (second quarter).
Task 2: Bid and award contract for construction (second quarter).
Task 3: Construction (commence third quarter, complete fourth quarter)
Deliverables: Quarterly Progress and Final Reports with copies of plans and specifications and bid documentation.
Final report will include photographic documentation of the completed Bird Observation Tower.
DEP Agreement No. CZ6II, Attachment A, Page 3 of5
DEP 55-236 (04/05)
Proiect Budf!et Schedule: Type dollar amounts only in applicable categories (round to the nearest dollar; no
cents) and leave other categories blank, If your grant Agreement requires match, it must equal the FCMP funds
requested, or one hundred percent (100%). A budget transfer of funds (within approved budget categories), in an
amount not to exceed 10 percent of the FCMP total budget, is allowed without requesting an official amendment.
Budflet Cateflorv
1. Salaries
2. Fringe Benefits
3. Travel
4. Equipment Purchases
5. Supplies
6. Contractual Services
7. Construction
8. Other Expenses
9. Indirect Charges
FCMP Total
FCMP Funds
MATCH Funds
50,000.00
50,000.00
50,000.00
Match Total
50,000.00
Total Project Cost:
$100,000.00
DEP Agreement No, CZ###, Attachment A, Page 4 of 5
DEP 55-236 (06/04)
Project Bud2:et Narrative: Describe line items for each applicable budget category shown on the budget
schedule. Provide sufficient detail to show cost relationship to project activities. Complete for both FCMP and
match items, if applicable, If in-kind match is being provided by a third party, a letter from that party confIrming the
amount and type of that match must be included with this project work plan. Note: Indirect costs are not allowed
as match.
Construction:
This project will be publicly bid for any and all qualified contractors, The City of Clearwater is requesting
$50,000.00 in funding for this project to construct a bird observation tower. The matching funds will be allocated
from the City of Clearwater's budget. The cost of the construction services will be shared by both FCMP and the
City.
DEP Agreement No. CZ###, Attachment A, Page 5 of 5
DEP 55-236 (06/04)
ATTACHMENT B
PROGRESS REPORT FORM
DEP Al!reement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manal!er: I Telephone No.: I
Reportinl! Period:
Proiect Title:
Provide a summary of project accomplishments to date by objective and task. If tasks were not addressed
during the reporting period, explain why; if tasks were completed and reported on in previous reporting
period, identify the reporting period in which the task was completed.
Identify below, and attach copies of, any relevant deliverables being submitted for the project for this
reporting period (e.g., Deliverable 1.1: copies of permits, Deliverable 1.2: before photographs, etc.)
Provide an explanation for anv anticipated delays or any problems encountered.
DEP Agreement No. CZ611, Attachment B, Page 1 of 2
INSTRUCTIONS FOR COMPLETING
ATTACHMENT B
PROGRESS REPORT FORM
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CZ6 __
GRANTEE NAME: Enter the name ofthe grantee's agency.
GRANTEE ADDRESS: Enter the address that is on the fIrst page of the grant agreement.
GRANTEE'S GRANT MANAGER: Enter the person identified as grant manager in the grant agreement.
TELEPHONE NO.: Enter the telephone number where the grant manager can be contacted.
REPORTING PERIOD: This is the beginning and ending date of the reporting period; it can cover more than one
quarter.
PROJECT TITLE: Enter the Title shown on the fIrst page of the grant agreement.
Summarize project accomplishments to date by objective and task. If tasks were not addressed during the
reporting period, explain why; if tasks were completed and reported on in previous reporting period, please
identify the reporting period when the task was completed. This section shows the progress to date for each
objective and task scheduled to begin or be completed within the reporting period. If there was no progress for a
task that was to start or be completed, please explain the reason. If tasks were completed and reported on in a
previous report, please state when they were completed (for example: "This task was completed and reported on in
the report submitted October 20"). Provide a brief description of the progress, do not merely say "on-going" or
"completed."
Identify below, and attach copies of, any relevant deliverables being submitted for this reporting period (e.g.,
report data sets, links to on-line photographs, etc.): Ensure that any deliverables listed in the grant agreement, as
well as those not listed are included, For instance, you may send copies of agendas or minutes of meetings, photos
of displays, or other supporting documentation to show the completion or progress towards a task. Label the
deliverables by objective and task number(s) that they are associated with (for example: Deliverable 1.1 for
Objective I, task I).
Provide an explanation for any anticipated delays or any problems encountered: Provide a brief summary of
any anticipated or encountered problems or delays.
Questions regarding completion of Progress Reports should be directed to Domecia Allen at (850) 245-2161 or
Domecia.Allen@dep,state.fl.us.
DEP Agreement No. CZ6ll, Attachment B, Page 2 of 2
ATTACHMENT C
PAYMENT REQUEST FORM
GRANTEE:
GRANTEE'S GRANT MANAGER:
DATE OF REQUEST:
PAYMENT REQUEST NO.:
PERFORMANCE
PERIOD:
DEP AGREEMENT NO.:
AMOUNT REQUESTED:$
PERCENT MATCHING REQUIRED:
GRANT EXPENDITURES SUMMARY SECTION
[Effective Date of Grant through End-of-Grant Period]
CATEGORY OF EXPENDITURE
AMOUNT OF
THIS CLAIM
TOTAL
CUMULATIVE
FCMP
CLAIMS
MATCHING
FUNDS
CLAIMED
TOTAL
CUMULATIVE
MATCHING
FUNDS
TOTAL AMOUNT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Salaries
Fringe Benefits
Travel
Equipment Purchases
Supplies
Contractual Services
Construction
Other Expenses
Indirect
GRANT BUDGET AMOUNT $
Less Total Cumulative Payments of: $
REMAINING BUDGET IN GRANT $
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above
was for items that were charged to and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature
Grantee's Fiscal Agent
Print Name
Print Name
Telephone Number
Telephone Number
**PLEASE DO NOT ALTER THIS FORM**
DEP Agreement No. CZ611, Attachment C, Page 1 of 3
INSTRUCTIONS FOR COMPLETING
ATTACHMENT C
PAYMENT REQUEST FORM
GRANTEE: Enter the name of the grantee's agency.
DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CZ6 _ _ .
DATE OF REQUEST: This is the date you are submitting the report.
AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF
THIS CLAIM' column.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement.
PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number.
PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period.
PERCENT MATCHING REQUIRED: Enter your match requirement here. It is either 100% or N/A for Section
309 grants.
GRANT EXPENDITURES SUMMARY SECTION:
"AMOUNT OF THIS CLAIM" COLUMN: Enter the amount that was paid out during the reporting period for
each approved budget category. This must be by budget category as in the currently approved budget in Attachment
A, Project Work Plan, or amendment of your grant Agreement. Do not claim expenses in a budget category that
does not have an approved budget. Do not claim items that are not specifically identified in the current Budget
Narrative section of Attachment A. DO NOT ALTER FORM OR COMBINE BUDGET CATEGORIES. Enter
the column total on the "TOTAL AMOUNT' line, Enter the FCMP budget amount on the "GRANT BUDGET
AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL
CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the
"GRANT BUDGET AMOUNT' for the amount to enter on the "REMAINING BUDGET IN GRANT' line,
"TOT AL CUMULATIVE FCMP CLAIMS" COLUMN: Enter the cumulative amounts that have been claimed
to date for FCMP expenses by budget category. The fmal report should show the total of all claims, first claim
through the fmal claim, etc. Enter the column total on the "TOTAL AMOUNT' line, DO NOT ENTER
ANYTHING IN THE SHADED AREAS.
"MATCHING FUNDS CLAIMED" COLUMN: Enter the amount to be claimed as match for the reporting
period. This needs to be shown under specific budget categories according to what is in the currently approved
Attachment A, Project Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match
budget amount on the "GRANT BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this
and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column.
Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "GRANT BUDGET AMOUNT' for the amount
to enter on the "REMAINING BUDGET IN GRANT' line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to
date for match by budget category. Put the total ofall on the line titled "TOTAL AMOUNT." The final report should
show the total of all claims, first claim through the fmal claim, etc. DO NOT ENTER ANYTHING IN THE
SHADED AREAS.
GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and
the Grantee's Fiscal Agent as identified in the grant agreement.
DEP Agreement No. CZ611, Attachment C, Page 2 of 3
REQUIRED BACK-UP DOCUMENTATION:
Schedule of Expenditures should include, the invoice number, a description ofthe goods or services purchased,
date of the transaction, amount paid, check amount, check number and vendor name.
Schedule of Match should include, the invoice number, a description of the goods or services purchased, date of the
transaction, amount paid, check amount, check number and vendor name.
Copies of Invoices (Not applicable to state agencies)
Copies of Travel Reimbursements if applicable
FLAIR Report (State agencies only)
NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel
reimbursement form (available from staff of the Florida Coastal Management Program or use your
affiliation's reimbursement form, provided it has been approved by the State of Florida Chief Financial
Officer).
**DO NOT FORGET TO SUBMIT A COMPLETED PROGRESS REPORT IN CONJUNCTION WITH
YOUR PAYMENT REQUEST**
If you have any questions please do not hesitate to contact Leeanne Zimmerman at (850) 245-2164.
DEP Agreement No. CZ6ll, Attachment C, Page 3 of 3
ATTACHMENT D
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-l33, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. EXHIBIT I to this Agreement indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year,
the recipient shall consider all sources of Federal awards, including Federal resources received from the
Department of Environmental Protection. The determination of amounts of Federal awards expended should
be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of the recipient
conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will
meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-l33, as revised.
3, If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from
non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other
than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at htto://12.46.245.173/cfda/cfda.html.
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(l), Florida Statutes.
I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office
of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10,650
(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement
indicates State fmancial assistance awarded through the Department of Environmental Protection by this
Agreement. In determining the State fmancial assistance expended in its fiscal year, the recipient shall consider
all sources of State financial assistance, including State fmancial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defmed by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in State fmancial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be
paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4, For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should access
the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog: or the Governor's Office of Policy
and Budget website located at http://www.mvflorida.comlmyflorida/eovernmentlcontacts/opbOffice.html for
assistance. In addition to the above websites, the following websites may be accessed for information:
Legislature's Website http://www.le2.state.fl,us/, Governor's Website http://www.mvflorida.coml, Department
of Financial Services' Website htto://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrangefor audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East lOth Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 40 I, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-B3, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting fffiancial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-B3, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 4 of 5
EXHIBIT - 1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Federal Resources Awarded to the ReciDient Pursuant to this Al!reement Consist of the Followinl!:
Federal
Program CFDA
Number Federal Agency Number CFDA Title Fundin~
Original U.S. Department of 11.419 Coastal Zone Administration Awards
Agreement Commerce
State Resources Awarded to the ReciDient Pursuant to this Al!reement Consist of the Followinl! Matching Resources for Fed
Federal
Program
Number Federal Agency CFDA CFDA Title Fundin~
State Resources A warded to the Recipient Pursuant to this Al!reement Consist of the Followinl! Resources Subiect to Sectioll
State CSF A Title
Program State or
Number Funding Source Fiscal Year Funding Source Description Fundinf
Number
I Total Award I
For each program identified above, the recipient shall comply with the program requirements described in the
Catalog of Federal Domestic Assistance (CFOA) (http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of
State Financial Assistance (CSF A) (http://state.fl.us/fsaa/catalog]. The services/purposes for which the funds are to
be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated
in the Contract.
DEP 55-215 (04/05)
DEP Agreement No. CZ611, Attachment D, Page 5 of 5
ATTACHMENT I
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O, 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor,"
2. Copeland "Anti-Kickback" Act (18 D.S.C. 874 and 40 D.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U,S,C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Sub-
contractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). The Act provides that each contractor or subrecipient shall be prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he is otherwise entitled, The
recipient shall report all suspected or reported violations to the Federal awarding agency,
3. Davis-Bacon Act, as amended (40 D.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor, In
addition, contractors shall be required to pay wages not less than once a week. The recipient shall
place a copy of the current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage
determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4, Contract Work Hours and Safety Standards Act (40 D.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
part 5), Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 'is times the basic rate of pay for all hours worked in excess of 40 hours in the work week,
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
DEP Agreement No. CZ6ll, Attachment I, Page 1 of 4
5. Rights to Inventions Made Vnder a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
6, Clean Air Act (42 V.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 V.S.C. 1251 et seq.) - Contracts and sub grants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U,S,c. 7401 et seq.) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251 et seq,), Violations shall be reported to
the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EPA).
7, Byrd Anti-Lobbying Amendment (31 V.S.C. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification, Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U,S.C. 1352. Each tier
shall also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
8, Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed
on the General Services Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs in accordance with E,O.s 12549 and 12689, "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than E,O.
12549, Contractors with awards that exceed the small purchase threshold shall provide the required
certification regarding its exclusion status and that of its principal employees.
9, Section 508 of the Federal Water Pollution Control Act, as amended (33 V.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 V.S.C. 300h-3(e)) - Contracts and subgrants
of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to
comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the
Federal Water Pollution Control Act, as amended (33 U,S.C, 1368) and Section 1424(e) of the Safe
Drinking Water Act (42 U.S.C, 300h-3(e)). Violations shall be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA),
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimina-
tion on the basis of sex; (b) Section 504 ofthe Rehabilitation Act of 1973, as amended (29 U,S,C,
795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of
1975, as amended (42 U.S,C, 6101-6107), which prohibits discrimination on the basis of age; (d)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to non-
discrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (t) Sections 523 and 527 of the
Public Health Service Act of 1912 (42 U,S,C, 290 dd-3 and 290 ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of
1968 (42 U,S,C, 3601 et seq,), as amended, relating to nondiscrimination in the sale, rental or
DEP Agreement No. CZ611, Attachment I, Page 2 of 4
financing of housing; (h) EO 13166 (68 FR 14180) to Federal financial assistance recipients on the
Title VI prohibition against national origin discrimination affecting Limited English Proficient
(LEP) persons, (i) Title VII of the Civil Rights Act of 1964, 42 U.S.C, which prohibits
discrimination on the basis of religion, a religious corporation, association, educational institution
or society, any other nondiscrimination provisions in the specific statute(s) made; and, (j) the
requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Vniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (p.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs, These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases,
12, Compliance with the provisions of the Hatch Act (5 V.S.C. 1501 - 1508 and 7324 - 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds,
13, Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (p.L. 93-234) that requires recipients in a special flood
hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more,
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act
of 1969 (P ,L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to
E,O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in
floodplains in accordance with E,O, 11988; (e) assurance of project consistency with the approved
State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C,
1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U,S.C. 7401 et seq,); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended
(P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as
amended (P.L. 93-205), (i) restrictions for actions within a Coastal Barrier Island under the Coastal
Barrier Island Resources Act (16 U,S.C, 3501 et seq.), (j) The Resource Conservation and
Recovery Act of 1976, as amended (42 D,S.C. 6901 et seq,) which regulates the generation,
transportation, treatment and disposal of hazardous wastes, (k) The Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended, and the Superfund Amendments
and Reauthorization Act of 1986, and the Community Environmental Response Facilitation Act of
1992, as amended, (42 U,S.C. 9601 et seq.), and (1) The Environmental Justice in Minority
Populations and Low Income Populations, EO 12898, February 11, 1994, which identifies and
addresses adverse human health or environmental effects of programs, policies and activities on
low income and minority populations,
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 V.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system,
16, Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 V.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 V.S.C. 469a-l et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
DEP Agreement No. CZ611, Attachment I, Page 3 of 4
18. Care and Use of Live Vertebrate Animals. Recipients must comply with the Laboratory Animal
Welfare Act of 1966 (P,L. 89-544, as amended, 7 U,S.C. 2131 et seq.) pertaining to the acquisition,
care, handling, and use in projects, and implementing regulations, 9 CFR Parts 1, 2 and 3; the
Endangered Species Act (16 U,S,C, 1531 et seq); Marine Mammal Protection Act (16 U.S,C, 1361
et seq,) taking possession, transport, purchase, sale, export or import of wildlife and plants, The
Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C, 4701 et seq,) ensure
preventive measures are taken or that probable harm of using species in minimal if there is an
escape or release, and all other applicable statutes pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or other activities supported by Federal financial
assistance. No research involving vertebrate animals is permitted under any U.S. Department of
Commerce financial assistance award unless authorized by the Grants Officer,
19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures,
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub, L. 94-163, 89 Stat. 871).
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DEP Agreement No, CZ611, Attachment I, Page 4 of 4
ATTACHMENT J
REGULATIONS
Formal regulations concerning administrative procedures for U. S. Department of Commerce (DOC)
grants appear in Title 15 of the Code of Federal Regulations. Other DOC regulations also impact grant
programs, The following list contains regulations and Office of Management and Budget Circulars
which may apply to the work performed under this Agreement.
Subchapter A - General
15 C,F,R. 8 Nondiscrimination on the basis of handicap in programs or activities conducted by
DOC
15 C.F,R. 11 Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
15 C,F.R. 13 Intergovernmental review of DOC programs and activities
15 C.F,R. 14 Uniform administrative requirements for grants and agreements with institutions of
higher education, hospitals and other nonprofit organizations
Subchapter B - Grants and Other Federal Assistance
15 C.F,R, 24 Uniform administrative requirements for grants and cooperative agreements to state
and local governments
15 C,F.R. 26 Government-wide debarment and suspension (nonprocurement) and government-
wide requirements for drug-free work place (grants); Clean Air Act and Clean
Water Act ineligibility of facilities in performance of federal contracts, grants and
loans
15 C,F,R. 28 New restrictions on lobbving
Other Federal Re~'Ulations
48 C,F,R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that
comply with cost principles acceptable to the federal agency
Office of ManaS!ement and Bude:et Circulars
A-21 Cost Principles for Educational Institutions
A-87 Cost Principles for State, Local, and Indian Tribal Governments
A-122 Cost Principles for Non-Profit Organizations
A-133 Audit Requirements
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DEP 55-215 (01104)
DEP Agreement No. CZ611, Attachment J, Page 1 of 1