1st Amendment 10/21/2009 r„r r.i
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: November 10, 2009
TO: Susan Grimsley, Interim Director
Growth Management Division
ATTN: Mayra Tezanos
Executive Assistant
FROM: Pamela G. Hann(' tp.C.
At October 21, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of DEP Agreement No: LE655, Amendment No. 1 between
the Florida Department of Environmental Protection and Monroe County extending the current
Agreement for eighteen (18) months to allow for utilization of the remaining grant funds for
operational costs for the Marine Resources pumpout vessel.
Enclosed are three duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return the fully executed "Monroe County Clerk's Office Original"
and the "Monroe County Finance Department's Original"as soon as possible. Should you have
any questions please do not hesitate to contact my office.
cc: County Attorney
Finance
File ✓
1'-
MCS!lm8Ceaty O~ 00b~
DEP AGREEMENT NO. LE655
AMENDMENT NO. 1
THIS AGREEMENT as entered into on the 30th day of September, 2008, between the STATE OF
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department"
or "DEP") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the
"Grantee" or ";Recipient") is hereby amended.
WH:EREAS, the Grantee has requested an extension of eighteen (18) months to continue the project; and,
WHE:REAS, the Grantee has requested and the Department has agreed to a no cost time extension to allow
for the proper completion of the project; and,
WHE:REAS, other changes to the Agreement are necessary.
NO"', THEREFORE, the parties hereto agree as follows:
Paragraph 4 is hereby deleted and replaced with the following:
4.
A.
This Agreement shall begin upon execution by both parties and end no later than April 5,
2011, inclusive. This Agreement may be amended to provide for additional services if
additional funding is made available by the u.S. Fish and Wildlife Service and/or the
Legislature.
B. In the event of a change in ownership, the Grantee is required to notify the Department in
writing of such change no later than ten (10) days after the change in ownership occurs,
and the Grantee is required to notify the new owner of this Agreement, the obligation to
continue maintenance and operations as well as reporting for the remaining life of this
Agreement prior to the change. The "Bill of Sale" or other official document transferring
ownership shall include these grant requirements. Any change in ownership will require
an amendment to this Agreement. Should the new owner refuse to assume the
obligations as set forth in this Agreement, the original Grantee shall reimburse the
Department for the value of the equipment as specified in 43 CFR, Part 12.72.
Paragraph 5 is hereby deleted and replaced with the following:
5.
A.
As consideration for the services rendered by the Grantee under the terms of this
Agreement, the Department shall pay the Grantee on a cost reimbursement basis an
amount not to exceed $57,000.00 toward all eligible costs associated with the Project as
described in Attachment A-I, Revised Scope of Work and Conditions. Prior written
approval from the Department's Grant Manager shall be required for changes between
approved budget categories of up to 10% of the total budget amount. The DEP Grant
Manager will transmit a copy of the written approval and revised budget to the DEP
Procurement Office and the DEP Contracts Disbursements Office for inclusion in the
Agreement file. Changes greater than 10% will require a formal amendment to the
Agreement. This Agreement may be amended to provide for additional services if
additional funding is made available by the u.S. Fish and Wildlife Service and/or the
Florida Legislature.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project
costs upon receipt and acceptance of a properly completed Attachment B-1, Revised
Grant PaymentlMatch Request Form, an invoice, and supporting documentation.
Supporting Documentation shall include an invoice on the Grantee's letterhead clearly
marked as invoice; an itemized listing (by category) of all expenditures claimed,
DEP Agreement No. LE655, Amendment No.1, Page 1 of 5
including the dates of service. Receipts and cancelled checks clearly reflecting the dates
of service and back-up documentation, including any subcontractor invoices if applicable,
shall be available upon request. The Chief Financial Officer requires detailed supporting
documentation of all costs under a cost reimbursement agreement. In accordance with
Attachment E, Contract Payment Requirements, the Grantee shall comply with the
minimum requirements set forth therein. Invoices for the deliverables described in
Attachment A-I must explicitly reference the deliverables and the grant award amounts
associated with each deliverable. Partial payments of project costs are allowed under this
Agreement. The Grantee shall submit a final invoice to the Department no later than
April 19, 2011, to assure the availability of funds for final payment. Costs directly
associated with the proper collection and disposal of sewage from recreational boaters for
removal and disposal by sewage haulers will be reimbursed at a reasonable rate.
Reasonable rate will be the current salary plus fringe benefits of the employee performing
the functions which have been approved by the Department. Upon approval and payment
of the final invoice, any remaining funds will be unencumbered. No travel expenses are
authorized under the terms of this Agreement.
C. The Grantee may also be required to submit a cost allocation plan to the Department in
support of its multipliers (overhead, indirect, general administrative costs, and fringe
benefits) if applicable. 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 http://www.fldfs.comlaadir/reference%5Fguide and allowable
costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45
CFR Part 74, at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html and OMB
Circulars A-87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative
requirements can be found in OMB Circulars A-102 and A-110 (2 CFR 215) at
http:// www. whitehouse. gov / omb/ circulars/index.htnll#numerical.
D. The Grantee shall obtain at least three written quotes for the purchase of goods or
services costing more than $2,500 and less than $100,000 and submit said quotes to the
Department for review and approval of the quote amount prior to the commencement of
any work under this Agreement. Written quotes shall be for items that are alike in
function, operation and purpose. An explanation will be required whenever the Grantee
elects to use the vendor quoting other than the lowest price. The Department has the
right to reject all quotes and require additional documentation supporting the projected
Project costs. The Department shall make no reimbursement from grant funds until this
documentation has been provided and approved. Any purchase over $100,000 shall
comply with the procurement requirements described in 43 CFR 12.76.
E. The parties hereto understand and agree that this Agreement requires a cost sharing or
match in the form of cash or third party in-kind, on the part of the Grantee. The match
expended by the Grantee shall be at least 25% of the total amount actually expended on
the Project. All cost sharing/match shall meet the federal requirements established in 43
CFR, Part 12 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A-21 (2
CFR 220).
F. Allowable costs will be determined in accordance with the cost principles applicable to
the organization incurring the costs. For purposes of this Agreement, the following cost
principles are incorporated by reference.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LE655, Amendment No.1, Page 2 of5
Organization Type Applicable Cost Principles
State, local or Indian tribal government. OMB Circular A-87 (2 CFR 225)
Private non-profit organization other than (1) an OMB Circular A-122 (2 CFR 230)
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
subject to that circular.
Education Institutions OMB Circular A-21 (2 CFR 220)
For-profit organization including an organization 48 CFR Part 31, Contract Cost Principles and
named in OMB A-122 as not subject to that Procedures, or uniform cost accounting standards
circular. that comply with cost principles acceptable to the
federal agency.
Hospital 45 CFR Subtitle A - Appendix E to Part 74-
Principles for Determining Costs Applicable to
Research and Development Under Grants and
Contracts with Hospitals
Paragraph 7 is hereby deleted and replaced with the following:
7. The Grantee shall submit progress reports on a quarterly basis until the Project completion date
identified in paragraph 4.A. Progress reports shall describe the work performed, problems
encountered, problem resolution, schedule updates and proposed work for the next reporting
period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the
calendar quarters ending March 31, June 30, September 30 and December 31. The Grantee shall
utilize Attachment F, Progress Report Form, for submitting its progress report. Reports shall
be submitted to the Department's Grant Manager no later than fifteen (15) days following the
completion of the quarterly reporting period. The Department's Grant Manager shall have thirty
(30) calendar days to review deliverables submitted by the Grantee.
Paragraph 12 is hereby revised to add the following language as subparagraph 12C:
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability
to Single Audit Act Reporting, Attachment G, attached hereto and made a part hereof,
within four (4) months following the end of the Grantee's fiscal year. Attachment G
should be submitted to the Department's Grants Development and Review Manager at
3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The
Grants Development and Review Manager is available to answer any questions at (850)
245-2361.
Paragraph 16 is hereby revised to change the fax number to (850) 245-2159.
Paragraph 20 is hereby deleted and replaced with the following:
20. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms
and conditions of this Project Agreement.
Paragraph 21 is hereby deleted and replaced with the following:
21.
A.
The Department may at any time, by written order designated to be a change order, make
any change in the work within the general scope of this Agreement (e.g., specifications,
task timelines within current authorized Agreement period, method or manner of
performance, requirements, etc.). All change orders are subject to the mutual agreement
of both parties as evidenced in writing. Any change, which causes an increase or
decrease in the Grantee's cost or time, or a change in ownership shall require formal
amendment to this Agreement, and will not be eligible for processing through the change
order procedures described above.
DEP Agreement No. LE655, Amendment No.1, Page 3 of5
B. In the event of a change in the Grant manager for the Grantee or for the Department, each
party will notify the other party in writing of such change within thirty (30) days after the
change becomes effective. The notice shall be sent from the Grantee's representative
authorized to execute agreements to the Department's Grant Manager. The Department's
Grant Manager will transmit a copy of such change to the Department's Procurement
Office and the Contract Disbursement Office for inclusion, in the Agreement file.
Paragraph 23 is hereby revised to change the CFR to 2 CFR 1400 and to add the following language after
the last sentence:
The (irantee shall include the language of this section in all subcontracts or lower tier agreements executed
to support the Grantee's work under this Agreement.
The language included in the Agreement as Paragraph 26 shall hereinafter be referenced as Paragraph 28.
The tollowing language is hereby added to the Agreement as Paragraphs 26 and 27:
26. A 3 x 4 foot sign of the International Pumpout Symbol shall be placed on a dock or on land, facing
the waterway and easily visible to the boaters. Sign specifications can be found at the following
link: http://wsfrprograms.fws.gov/Subpages/ToolkitFiles/fasymb.pdf. In addition, informational
signage stating fees, hours of operation, instructions, and operator name and telephone number
shall be posted in a clearly visible location. The sign shall have posted emergency phone numbers
for reporting service problems and shall include the following statement:
"Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection."
27. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the
provisions contained in Attachment H, Contract Provisions, attached hereto and made a part
hereof. In addition, the Grantee acknowledges that the applicable regulations listed in
Attachment I, Regulations, attached hereto and made a part hereof, shall apply to this
Agreement.
Attachment A, Scope of Work and Conditions is hereby deleted in its entirety and replaced with
Attachment A-I, Revised Scope of Work and Conditions, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-I,
Revised Scope of Work and Conditions.
Attachment B, Grant PaymentlMatch Request Form is hereby deleted in its entirety and replaced with
Attachment B-1, Revised Grant Payment/Match Request Form, attached hereto and made a part of the
Agree:ment. All references in the Agreement to Attachment B shall hereinafter refer to.Attachment B-1,
Revised Grant Payment/Match Request Form.
Attachment C, Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment
C-l, lievised Special Audit Requirements, attached hereto and made a part of the Agreement. All
references in the Agreement to Attachment B shall hereinafter refer to Attachment C-l, Revised Special
Audit Requirements.
Attachment D, Property Reporting Form, is hereby deleted from this Agreement.
Attachment E, Contract Payment Requirements, attached hereto is hereby added to the Agreement.
Attachment F, Progress Report Form, attached hereto is hereby added to the Agreement.
Attachment G, Certification of Applicability to Single Audit Act Reporting, attached hereto is hereby
added to the Agreement.
DEP Agreement No. LE655, Amendment No.1, Page 4 of 5
Attachment H, Contract Provisions, attached hereto is hereby added to the Agreement.
Attachment I, Regulations, attached hereto is hereby added to the Agreement.
In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall
remain in full force and effect.
IN \\rITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year
last written below.
MONROE C TY BOARD OF, Y
MMISSIONERS
12-
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: J~) ~l
Director, Office of Sustainable Initiatives
Date: II /J 11c:JI!)~i
, I
hu~ ~~
Brenda Leonard, DEP Grant Manager
A.~~
DEP Contracts Administrator
Ap:Rroved as to form aRd l{~ty: _
~~h~ ~,~
DEP ttomey
*For Agreemf:nts with governmental boards/commissions: If someone other than the Chairman signs this
Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of
the Grantee must accompany the Amendment.
List of attachments/exhibits included as part of this Amendment:
Specify Tvpe
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
LetterINumber
A-I
B-1
C-l
E
F
G
H
I
;3: 0 ~ ."
o}> c:,-
:z: C"') -.,.. \tAD r-
Description (include number ofoages) :;:-;~~~ ~ ~
Revised Scope of Work and Conditions (2 Pages) ~~ :~: : ~ 0
Revised Grant PaymentlMatch Request Form (1 pagij ~.E 3 ;.0
Revised Special Audit Requirements ( 5 Pages) ~ ;:; :.: ~ ~
Contract Payment Requirements (1 Page) ;..:~.. :-. :1> Q) c-)
Progress Report Form (1 Page) ;:J ~ ;.. ~
Certification of Applicability to Single Audit Act Reporting (1 ~e) 0
Contract Provisions (3 Pages)
Regulations ( 1 Page)
DEP Agreement No. LE655, Amendment No.1, Page 5 of 5
ATTACHMENT A-I
Clean Vessel Act Grant Program
Revised Scope of Work and Conditions
OPERATIONS, REPAIR AND MAINTENANCE AND SEWAGE HAULING
PURPOSE
The purpose of the Clean Vessel Act Grant Program is to establish or restore pumpout facilities that are operational
and accessible: to the general boating public for the useful life of the facilities. The purpose of these conditions is to
ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the period
identified in paragraph 4.A. of this Agreement.
This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the
Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award
in an amount not to exceed $57,000.00 and the Grantee agrees to undertake the project as described and submitted
by the Grantee in the Grant Application, CV A 08-498, and provide a minimum 25% non-federal matching funds.
The project is located at 2798 Overseas Highway, Marathon, Florida 33050.
CONDITIONS
Reimbursement for Operations, repair and maintenance of pumpout equipment and sewage hauling
1. Match documentation shall be provided in accordance with instructions and submitted on Attachment B,
Paym.ent Match Request Form. Any credit for the match by the Grantee shall be based on forms completed
and documented to the satisfaction of the Department.
2. Grantee invoices will be processed by the Department in an expeditious manner upon approval of all
required documents as outlined in Paragraphs 5.B. through 5.E. of this Agreement. The Department shall
have thirty (30) days to review and approve all invoices and reports. Upon review and approval of each
Grant PaymentlMatch Request Form and Progress Report Form, the Department will process the request
for payment.
3. The final request for payment shall be accompanied by a completed and signed Project Completion Form
to be provided by the Department, a copy of the Operational Plan as described in Condition 1 of the
Operations section of this Attachment, and a copy of the operational log required under Condition 8 of the
Operations section of this Attachment, and photographs of the completed project.
4. The Cirantee shall obtain all required permits and approvals prior to commencement of the project. A grant
award is not an indication of permitability of a project. A Permit Certification Form, supplied by the
Department, shall be sent to and be on file with the Department before invoices will be processed for
payment. .
Operations
1. The Crrantee will conduct operations of the pump out facility under an Operational Plan that specifies hours
of opt~ration, maintenance principles, methods in determining volume of material pumped including the use
of flow meters as may be necessary, informational/educational materials on pumpout operation and
assurances that the pumpout equipment and vessels will be used solely for the collection and hauling of
recreational boater sewage. This plan will be submitted with the certification of Project Completion Form.
2. Each pumpout facility funded under this Agreement shall be open and available to the recreational boating
public. Each pumpout facility shall be operated, maintained, and continue to be reasonably accessible to all
recreational vessels for the period of time identified in paragraph 4.A. of this Agreement.
3. The Grrantee will provide marine sanitation and pump out information for boat owners and training for
pumpout operators. These services may be provided through such methods as informational materials, on
DEP 55-240 (6/2009)
DEP Agreement No. LE655, Attachment A-I, Page I of 2
site instruction or audio-visual methods by the facility owner/operator, equipment vendors, harbormaster
or local government personnel.
4. Pumpout facilities will be designed and operated in accordance with state and local health regulations.
5. Pumpout services will be provided free of charge or for a fee not to exceed $5 per vessel. Fees greater than
$5 require prior written approval by the Department of an itemized operational cost justification. Fee
accounting will be provided with the quarterly log described below. If fees are collected, such proceeds
shall be used by the facility exclusively to defray operation and maintenance costs of the pump out
equipment and associated materials.
6. The pumpout facility operator shall maintain an operational log to be submitted to the Department the last
day of each calendar quarter beginning with the quarter during the date of execution of this Agreement
The log shall document use of the equipment by number of pumpout services events, gallons pumped, fees
charged, and maintenance, labor, or other operational costs incurred. V olume of sewage handled must be
determined as described in the approved operational plan. Costs may be estimated unless greater than $5
fees are charged. Collections of higher fees require detailed accounting of operational costs through a
method included in and approved with the operational plan.
T ASKSIDELlVERABLES
The following is a schedule of tasks/deliverables and budget amounts for the completion of those tasks. Prior
written approval from the Department's Grant Manager shall be required for task amount changes between approved
tasks that do not exceed up to 10% of the total budget amount. The DEP Grant Manager will transmit a copy of the
written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office
for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement.
No reimbursement will be made that exceeds the grant award amount. An increase in funding or date extension will
require a fomlal written amendment to the project agreement. The grant award amount to be provided by the
Department is based on the amount recommended and approved by the Department for this specific project. The
dollars expended or in-kind effort by a third party on behalf of the Grantee shall be at least 25% of the total amount
actually expended on the project. If third party match will be claimed, the Grantee must submit a letter from the
third party that identifies the match source and submit it to the Department for prior approval.
Order of TasksIDeliverables and Amounts
Tasks DetailJDeliverables Total Project
Amount
(1000/0)
Operatio:ns, Repair and Costs associated with operations, $40,000.00
Maintenance preventative maintenance and repair of
pumpout equipment, including parts and
labor.
Sewage Ilauling Costs associated with hauling sewage to $36,000.00
permitted wastewater treatment facility.
Total Pro.iect Amount 1000/0 $76,000.00
Total Grant Award Amount 750/0 $57,000.00
Total Match Amount 250/0 $19,000.00
DEP 55-240 (6/2009)
DEP Agreemen.t No. LE655, Attachment A-I, Page 2 of2
ATTACHMENT B-1
REVISED GRANT PAYMENT/MATCH REQUEST
Monroe County Board of County Commissioners
LE655
CV A 08-498
DEP Program: Clean Vessel Act Grant Program
If Department payment is being requested, an invoice on your letterhead must accompany this form.
TOTAL PROJECT
(100%) of costs
Permitting
$
N/A
Construction
N/A
Renovation
N/A
Equipment Purchase
N/A
Equipment Installation
N/A
Operations
Maintenance and Repair
Sewage Hauling
Pumpout Signage
N/A
Education and Instructional
Materials
TOTAL PR()JECT
N/A
$
25% Grantee lnatch" $
75% reimbursable to Grantee $
I attest that documentation has been and will be maintained as required by this Agreement to support the amounts
reported above and is available for audit upon request. I attest that all expenditures prior to this request have been
made and are true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project
Agreement No. LE655:. I further attest, that (name of the marina or entity) has complied with the terms and"
conditions of this Agreement.
Grantee's Project Manager
Date
DEP 55-240 (5/09)
DEP Agreement No. LE655, Attachment B-1, Page 1 of 1
ATTACHMENT C-l
REVISED 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-I33 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-I33, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A -133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-I33, as revised. EXHIBIT 1 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-I33, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-I33,
as revised, will meet the requirements of this part.
2. In cOlmection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-I33, 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-I33, 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-I33, 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 httD://12.46.245.173/cfda/cfda.html.
DEP 55-215 (03/09
DEP Agreement No. LE655, Attachment C-I, Page 1 of 5
PART II: ST.~ TE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500:1000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
detennining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at httos:/ /apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Webs:ite at http://www.1eg.state.fl.us/Welcome/index.cfm. State of Florida's website at
http://www.myflorida.coml, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Web site at http://www.state.fl.us/audgen.
PART III: Ol'HER AUDIT REQillREMENTS
(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(8), Florida
Statutes, State agencies may conduct or arrange for 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: RE:PORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (03/09
DEP Agreement No. LE655, Attachment C-l, Page 2 of5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System and can be
found at http://harvester.census.gov/fac/
C. . Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(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 at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies offmancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director .
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-2] 5 (03/09
DEP Agreement No. LE655, Attachment C-l, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on be:half of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09
DEP Agreement No. LE655, Attachment C-l, Page 4 of5
1""""4
I
E-4
~
=
~
~
(;
~
~
o
~
~
o
~
~
tt:
~
~
o
~
CZ)
~
CZ)
z
o
u
~
Z
~
~
~
~
o
<
CZ)
=a
~
o
~
~
z
<
:::>
CZ)
~
:::>
~
~
z
~
~
~
u
~
~
tt:
~
o
~
o
~
f2
<(
~
<
CZ)
o
5
~
~
o
.~ eN
a,).~ 0 N
E ~~o
C/.)8~~
0.. u ,.....
~
=
::s
00
s~
<8
gp 0"
. ~ ['-.
~V)
~~
::s
~
:t
-i
.s
=
~
~
..c
.....
c..,.
=
.....
-~
rIj
=
=
u
~ S
E:: ~
< ~
o~
~=
u ~
......
o
~
u
<
Q)
en
en
a,)
>
~
~
a,)
[)
......
=
~
8
~
~
Q
<
rIj
:a
.....
=
.....
.....
=
~
=
rIj
-
=
~
.....
=
~
-6.
-~
~
~
~
..c
.....
=
.....
"'0
~
"'0
-
~
~
<
<~\O
o~~
~::sV)
Uz,.....
~~
u'=
~~
~ 0
<=
"2~
a,) ~
~ 0..
~ a,) ......
0.9
ooB
~~
rIj
~
C'J
-
=
=
~ =
~-e"""c;a,)
e~.,g ~e
e; a,) .... e .~
- '-g ~ ::s .r! ~
~1~~ZO bn
~ <
~
rIj
8
~
~
=
-
~
e;
-
~
"'0
~
~
-
~
rIj
~
C'J
-
=
=
rIj
~
~
~
:a
C'J
.....
~
~
~
-i
.s
=
~
~
..c
.....
c..,.
=
.....
-~
rIj
=
=
u
~
o
.~ C
.s'~ 0
.a 0.. ~
C/.)o~
...... ~
g:u
<
-=
::s
8
<(
~
;.a
s
~
...2
~
E::
<(
o
~
u
.....
=
~
8
~
~
-
~
rIj
:a
.....
=
.....
.....
=
~
=
rIj
-
=
~
.....
=
~
:e.
C'J
~
~
~
..c
.....
=
.....
"'0
~
"'0
-
~
~
<
<(
o
~
u
c
~
~
<(
c;
......
a,)
~
a,)
~
rIj
~
C'J
-
=
~c;~~
~ ~ ......,..Qs
~ --g gf ::s
~~~z
.....
00
s::
o
.~ C
.s.~ 2"
.a 0.. Q)
r" 0 ~
V~ ...... ~
g:u
<
00
~
~
Q\
.n
1""""4
M
C
-S
.....
C'J
~
00
=
.....
......
C'J
~
~
=
00
rIj
~
C'J
-
=
=
rIj a,)
~ .....-4
~~
~ <( t)
-i ~
.su
=
~
~
..c
.....
c..,.
=
.....
-~
rIj
=
=
U
~
~
::s
e
<
gp
~
~
::s
~
=
.9
.~
......
u
en
a,)
o
a,)
u
......
::s
o
C/.)
gf
~
~
::s
~
.....
=
~
8
~
~
~
<
......
< a,)
~~
C/.) ::s
Uz
rIj
:a
.....
=
.....
.....
=
~
=
rIj
-
=
~
.....
=
~
:e.
C'J
~
~
~
..c
.....
=
.....
"'0
~
"'0
-
~
~
<
......
~
a,)
.s~
~.....-4
~ ~
C/.) U
en
~
a,)
u
......
::s
o
CZ)
~
~
~
::s
~
rIj
~
C'J
-
=
~ ~ ~
~ ~ bn~
~U50::s
~ ~Z
.....
00
<~--g
o~~
~ .~
U ,.......:,.-c
~ a.a
8 ~ ..Q
= . ......
~ 00 ~
.~ ..9 ~
en ~ -
en ~ en
<( u'-
u ~ =
.~ ~ a,)
en ~ .~
e a,) 'u
o ~ ~
o ~ a,)
.....-4~~
~8 ~
..go~
a,)~.-c
~~~
~;g 'S
oo.cr
o ~ ~
3 ~~
u~~
Q)~e
.s ~ S
.S ~<
~~~
~CZ)t)
...... U ~
~'-'~
..g 8 8
= .-
~ ~ c:
Sa,).~ ~
en~
Q) en 0
.= < Q)
::s.....-4 ~
cr ~ 0
~.u ~
e a u
~.a ~
bn~ .g
8 .s 0
~~u
Q) U5 a,)
.s~.;3
~ 0 ~
~ .-
.~ gf.-c
.....-4 a,)
~~.-c
~~~
au ~
o ~ .-
U.-c a,)
:::=.~ a
~o.-c
~ fi: a,)
en
= (1) ::s
a,) ~ a,)
.~ ~ ~
.~ t) 0
~;o ~
...... = ~
a,) ~ ~
.;3 ~~
a,)" s ~
5.EcZ
~ ~ a,)
~~.;3
.-cu~
~d .~
.~ ~ ~
= u ~
Q) M ......
~r-c.S
S ~ ~
e ~ en .
~. 0 ~
OO..~ fr ~
8\O~~
~ ~ ,.J ....
N~O
~,.....enu
~:::::::: a,)
a,) .. U Q)
...... ~'E-5
&6 ~.S
~
0'1 s::
~ e
s,Q)
V) a,)
r::ibn
.0<
V)~
~~
~o
o
o
o
o
o
['-."
V)
~
~
......
~
<
c;
~
o
~
V)
~
o
V)
a,)
00
~
~
,.....
u
-=
]
U
~
~
<
V)
V)
\0
~
~
o
z
ATTACHMENT E
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
(1) Salaries:
Listed below are examples of the types of documentation representing the minimum requirements:
(2) Fringe Benefits:
(3) Travel:
(4) Other direct costs:
(5) In-house charges:
(6) Indirect costs:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits. ..
Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means. N/A under this Agreement.
Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule. 60A-l.0 17, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable. N/ A under this Agreement.
If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown. N/ A under this Agreement.
Contracts betw'een state agencies, and or contracts between universities may submit alternative documentation to
substantiate the~ reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Dc::partment of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http://www.fldfs.com/aadir/referenceguide.htm
DEP 55-219 (05/2008)
DEP Agreement No. LE655, Attachment E, Page 1 of]
ATTACHMENTF
PROGRESS REPORT FORM
DE:P Agreement No.: LE655
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
I Telephone No.: I
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date.
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., copies of permits, photographs, etc.)
This report is submitted in accordance with the reporting requirements ofDEP Agreement No.
LE655 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. LE655, Attachment F, Page 1 of 1
ATTACHMENTG
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee's Fiscal Year Period: FROM:
TO:
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal
Year: $
Please identify grants to be included in the Single Audit that are provided by the Department of
Environmental Protection
CSFA#
CFDA#
DEPGRANTAGREEMENTNUMBER
CERTIFICA~TION STATEMENT:
I hereby certify that the above information is correct:
Name
Date
Title
DEP Project Agr'eement No. LE655, Attachment G, Page] of]
ATTACHMENTH
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicablt:~:
1. Jt:qual Employment Opportunity - All contracts shall contain a provision requiring compliance
vvith 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
f)rograms, Equal Employment Opportunity, Department of Labor."
2. (~opeland "Anti-Kickback" Act (18 V.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 V.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Cirants from the Vnited 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
rlepair of public work, to give up any part of the compensation to which he is otherwise entitled.
lbe recipient shall report all suspected or reported violations to the Federal awarding agency.
3. [-avis-Bacon Act, as amended (40 V.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 V'.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").
(Tnder this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
h~ss 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
"rage determination. The recipient shall report all suspected or reported violations to the Federal
a'warding agency.
4. C~ontract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 V.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
part 5). Vnder 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 ~ times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Slection 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreernent No. LE655, Attachment H, Page 1 of 3
6. <:lean 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 subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42V.S.C. 7401 et seq.) and
the Federal Water Pollution Control Act as amended (33 V.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
J\gency (EP A).
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
C:ongress, 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 V.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. I)ebarment 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 V.S.C. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 V.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EP A).
10. (~ompliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 V.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 V.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
A.buse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
alnended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 V.S.C. 290 dd-3 and 290 ee-3), as
alnended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 V.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the 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
lilnit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Agreernent No. LE655, Attachment H, Page 2 of 3
13. (:ompliance, 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. (~ompliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
l\ct 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 V.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 V.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
'Vater Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the
I~ndangered Species Act of 1973, as amended (P.L. 93-205).
15. (~ompliance 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. (~ompliance 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. (~ompliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. (~ompliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
IJ.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
flJr research, teaching, or other activities supported by this Agreement.
19. (:ompliance with the Lead-Based Paint Poisoning Prevention Act (42 V.S.C. 4801 et seq.) that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
20. (:ompliance 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
C~onservation Act (Pub. L. 94-163, 89 Stat. 871).
21. (~ompliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by
Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 V.S.C. ~ 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
[.rug-Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003, 68 FR 66534), which require that the recipient take steps to provide a drug-free workplace.
22. C~ompliance with the Buy American Act (41 V.S.C. 10a-l0c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
A.ct to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
\vith funds made available under this Agreement should be American-made.
23. C~ompliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 D.S.C.
7104(g).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreelnent No. LE655, Attachment H, Page 3 of3
ATTACHMENT I
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (DOl) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work performed under this Agreement.
General
43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOl
Grants and Other Federal Assistance
43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative
agreements to state and local governments
43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
43 C.F.R. 18 New restrictions on lobbying
43 C.F.R. 43 Government wide requirements for drug-free workplace
Other Federal Re2ulations
2 C.F.R. 1400 Suspension and Debarment
48 C.F.R. 31 Contract Cost Principles and Procedures
Office of Mana2ement and Bud2et Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments
A-122 (2 CFlt Cost Principles for Non-Profit Organizations
230)
A-133 Audit Requirements
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP Agreement 'No. LE655, Attachment I, Page 1 of 1