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06th Amendment 11/17/2015 AMENDMENT NO.6 TO AGREEMENT BETWEEN PUMPOUT USA,INC. AND MONROE COUNTY,FLORIDA for KEYS-WIDE MOBILE VESSEL PUMPOUT SERVICE THIS AMENDMENT NO.6 TO AGREEMENT is made and entered into this 17th day of November, 2015, between Monroe County Board of County Commissioners (hereinafter "County" or "Board")and Pumpout USA, Inc., a for profit corporation of the State of Florida(hereinafter"Contractor"). WITNESSETH: WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys-wide mobile vessel pumpout service for two years, including a quota of 1,300 pumpouts per month at a cost of $21.81 per pumpout in the first year; and WHEREAS, the County established the pumpout program initially as a free service to customers in order to optimize utilization of the service and gain compliance with existing No Discharge Zone regulations; and WHEREAS, Amendment No. 1 to the Agreement was approved on March 20, 2013, deleting Section XII Donations and Grants, and including Attachment H- Contract Provisions and Attachment (- Regulations as requested by the Florida Department of Environmental Regulations (DEP) which had a separate agreement with the Contractor for the pumpout service to Monroe County; and WHEREAS, Amendment No. 2 to the Agreement was approved on July 17, 2013, to eliminate the quota_andper pumpout cost due to a slow startup of service, and allow for full quarterly payments to be made to the Contractor; and WHEREAS, Amendment No. 3 to the Agreement was approved on December 10, 2014, to extend the Agreement through January 31, 2015; and WHEREAS, Amendment No. 4 to the Agreement was approved on January 21, 2015, to extend the Agreement through March 31, 2015; and WHEREAS, Amendment No. 5 to the Agreement was approved on March 18, 2015, extending the pumpout service for an additional two year period, establishing a rate of$21.10 per pumpout, establishing a not to exceed annual cost of $379,800 based on an increased quota of 1,500 pumpouts per month, and requiring an annual audit of the Statement of Revenues and Expenses associated with the Agreement with Monroe County; and WHEREAS, the DEP in August 2015 directed its Clean Vessel Act (CVA) Program to provide future grants directly to the County rather than the Contractor, therefore providing uniformity in working ---with counties throughout the state to build sustainable pumpout programs, using Monroe County's pumpout program as a model; and WHEREAS, the CVA Program has provided to the County, by separate agreement, one year of grant funding in the amount of$250,000 to become effective November 1, 2015, to assist with funding the County's pumpout program; and WHEREAS, the State has budgeted $100,000 (in non-CVA funds) in order to assist with funding the County's pumpout program, to be administered by the CVA Program, by separate agreement, and to become effective November 1, 2015;and WHEREAS, the County desires to continue the service provided by the pumpout program, and acknowledges the need for funding assistance from the State in order to provide for the total cost of operation of the pumpout program by the Contractor; and WHEREAS,the Agreement between the County and the Contractor requires amendment in order to recognize and condition the need for funding assistance directly to the County from the State,and to have the term of the Agreement synchronize with the terms of the two state agreements; and WHEREAS, the County has directed staff to consider development of a fee structure for customers of the pumpout service, which may be implemented subsequent to the expiration of this Amendment; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties have entered into this Amendment No.6 as follows: 2 I. SCOPE OF SERVICES: Contractor shall be the exclusive provider of mobile vessel pumpout services for County in the unincorporated areas of the Florida Keys and shall also coordinate with County and Florida Fish and Wildlife Conservation Commission (FWC) on sewage pumpout compliance within the managed anchoring zones established by the County. A detailed Scope of Services is attached as Exhibit A. II. EFFECTIVE DATE AND TERM This Amendment (amended Agreement) shall be effective on the date above. The term of the Amendment shall be for one year, commencing on November 1, 2015 and ending on October 31, 2016. However, the Amendment is contingent upon sufficient, continuous funding to the County by the DEP and/or other sources. This agreement is contingent upon execution of a CVA grant agreement between the County and DEP (providing $250,000 in grant funding for one year of pumpout service), and execution of an additional agreement between the County and DEP (providing an additional $100,000 of non-CVA funding for pumpout service). In the event the agreements with DEP are not timely executed, with a begin or eligible date of November 1, 2015, this amended Agreement is void. This amended Agreement is subject to sufficient, continuous grant funding by DEP. If the CVA grant agreement, or other DEP (non-CVA) agreement is cancelled or becomes funded below the aforesaid anticipated amounts, this amended Agreement is also void, unless the parties amend it in the same manner as it was originally approved. The term of this amended Agreement shall be renewable in accordance with Section V. The Contractor shall comply with the provisions of Attachments G and H, consistent with the grant requirements of the CVA Program. III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS. Contractor shall not charge customers of the pumpout service for the services rendered under this amended Agreement. The County, in consideration of the Contractor satisfactorily performing and carrying out the objectives of the County as to providing mobile vessel pumpout service, shall pay to the Contractor up to the sum of Seven Hundred Twenty-Nine Thousand Eight Hundred DOLLARS ($729,800) for one year. The County is not responsible for any payment or funding of this amended Agreement unless the aforesaid CVA grant between DEP and the County, and the aforesaid additional agreement between DEP (non-CVA) and the County are timely executed and consonant with Section II. of this Amendment and continuously and sufficiently funded. If funds from DEP or other sources cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this Agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. If Contractor fails to submit at least $83,333.33 in quarterly allowable expenses during the effective term of this Agreement, this Agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. For the purpose of subsequent construction or interpretation of the aforesaid term "allowable expenses", an "allowable expense", shall be deemed to constitute such an expense upon the determination of DEP pursuant to the aforesaid CVA grant agreement between the County and DEP. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination. Payment under this amended Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 3 IV. PAYMENT: Payments of up to $182,450 (Payment) will be made quarterly by the County to the Contractor. The portions of the quarterly Payment which represent funding (via reimbursement) through separate agreements with DEP are: 1) $25,000 from the DEP (non-CVA) (Portion I) and 2) $62,500 from DEP/CVA (Portion II), and are based on the conditions described in the applicable agreements with the County (attached) which reference this Agreement and this Contractor and its responsibilities. The portion of the Payment which is provided solely from County Boating Improvement Funds (Portion III) is not to exceed $94,950 per quarter ($379,800 per year). Part of the Portion III annual cost (i.e. $83,333.33) will serve as the required 25% match towards the CVA grant (Portion II). All of the match expenses (by the Contractor), and the Portion II expenses (by the Contractor), must meet the conditions of`allowable expenses' as described in the DEP CVA grant associated with this Agreement (attached), in order for the County to be reimbursed the entire grant award of$250,000 (see Portion II immediately above in this Section IV.). Portion III will be made based on a per unit price of $21.10 (Twenty-one and 10/100 Dollars) per pumpout (based on a logical quota of 1,500 pumpouts per month) on a quarterly basis as follows: (a) At the end of each quarter, Contractor shall provide an invoice acceptable to the Monroe County Clerk of Court (hereinafter 'Clerk"), along with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, and 2) description of additional services or activities provided (as described in the Scope of Services). Quarterly payments, under Portion III, shall not exceed $94,950 based on 4,500 pumpouts per quarter. Quarterly invoicing under Portion III shall be based on a monthly maximum of 1,500 pumpouts at $21.10 per pumpout. In the event the Contractor performs fewer than 1,500 pumpouts in any given month, the difference shall not be made up for in other months in the same quarter, or in other months in other quarters. In the event the Contractor performs more than 1,500 pumpouts in any given month, the County shall not pay for the additional pumpouts. (b) Travel and lodging are specifically excluded from payment. Portion III payment shall be made only for services provided (Le., individual pumpouts) and there are no reimbursable items. (c) Contractor's final invoice must be received within sixty (60) days after the termination or expiration of this contract. In addition, the Contractor shall provide quarterly invoicing documentation, as described and required in the attached DEP agreements with the County, including a list of receipts/invoices for all expenditures, separated and categorized by allowable and non-allowable in accordance with DEP CVA guidelines. Invoicing shall be made within 15 days of the end of each quarter. Payment shall be made pursuant to the Local Government Prompt Payment Act. After the Clerk examines and approves the request for payment, the County shall make payment to the Contractor. The total of said payment in the aggregate sum shall not exceed the annual total amount shown in Section III. Annually, the Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through (f) must be provided): 4 a. List of the Contractor's Board of Directors. For each board member please indicate when elected to serve and the length of term of service; if Contractor is a sole proprietorship, provide name of owner(s) and duration of ownership; b. If corporate entity, evidence of annual election of officers and directors; c. If corporate entity, the corporate entity's Articles of Incorporation and Bylaws; d. Organization's Policies and Procedures Manual, which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; e. Cooperation with County monitoring visits that the County may request during the contract year; and f. Other reasonable reports and information related to compliance with applicable laws, contract provisions, and the scope of services that the County may request during the contract year. V. RENEWAL: The County shall have the option to renew this Agreement for one additional two-year period. VI. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate pumpout vessels and associated equipment and infrastructure. It is the Contractor's responsibility to maintain all permits and licenses that may be required. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and hereby represents that it will at all times conduct its business activities in a reputable manner. VII. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents, and employees, are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, the Contractor, its agents, and employees, shall not be entitled to any of the benefits, rights or privileges of County employees. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. VIII. STAFFING: Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: A. The Contractor shall provide at its own expense all necessary personnel to provide the services under this Agreement. The personnel shall not be employees of or have any contractual relationship with the County. 5 B. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under Federal, State, and local laws to perform such services. IX. UTILITIES: The Contractor shall be responsible for payment of any utility charges associated with the mobile pumpout service. All utility accounts shall be held in the Contractor's name. X. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. XI. INDEMNIFICATION REQUIREMENTS: Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section shall survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. XII. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the use of any County facilities (e.g., dockage), equipment, or infrastructure that may be provided for use in conjunction with the Keys-Wide Mobile Vessel Pumpout Service in "as is" condition, and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating supplies and any additional equipment shall be the responsibility of the Contractor. The County shall provide a slip for Contractor's pumpout boat at the Murray Nelson Government Center in Key Largo. 6 XIII. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that it has carefully examined the facilities and equipment provided by the County and has made investigations to fully satisfy itself that such facilities and/or equipment are suitable for this work and it assumes full responsibility therefor. The provisions of this Agreement shall control any inconsistent provisions contained in the Scope of Work. The Scope of Work has been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations, shall this Agreement be more strongly construed against the County than against the Contractor. XIV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: The Contractor shall be responsible for the maintenance, repairs, and upkeep of facilities and equipment conveyed to, or provided for the use of, the Contractor. The Contractor shall maintain County dockage, or other facilities, and all equipment in a clean, safe, and sanitary manner. XV. NON-DISCRIMINATION: County and Contractor agree that there shall be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Muuiuc County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. XVI. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: Contractor shall keep and maintain all books, records, and documents, directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination 7 of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, F.S., running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit, prepared by an independent Certified Public Accountant, which shall conform to generally accepted auditing standards, of the Statement of Revenues and Expenses associated with this Agreement with Monroe County, and which shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. The Contractor shall also allow the County to inspect the Contractor's facilities, equipment, or vessels at any reasonable time. XVII. PUBLIC RECORDS: The Contractor shall comply with the public records laws of the State of Florida, subject to any provisions providing exemption from disclosure. XVIII. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the County of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Agreement, and specifications covering the services. Any Contractor breach of this Agreement shall be governed by the article below on termination for cause. The Contractor agrees that the County Administrator may designate representatives to visit any facilities or offices utilized by the Contractor periodically to inspect Contractor's maintenance of vessels and equipment. The Contractor agrees that the County Administrator may designate representatives to visit the facilities or offices periodically to conduct random open file evaluations during the Contractor's normal business hours. XIX. TERMINATION WITHOUT CAUSE: The County may terminate this Agreement without cause by providing the Contractor with written notice of termination at least thirty (30) days prior to the date of termination. Compensation shall be paid to Contractor through the end of provision of services or for the thirty (30) days, whichever is shorter. XX TERMINATION WITH CAUSE: In addition to all terms set forth above and preceding this section, the County may terminate this Agreement for cause if the Contractor shall default in the performance of any of its obligations under this Agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (I5) days after the County provides the Contractor with written notice of said default: a. Failure to provide pumpout services to liveaboards as described in this Agreement. b. Failure to comply with local, state, or federal rules or regulations pertaining to the operation of pumpout vessels or the handling and/or treatment of vessel waste. 8 c. Breach of any other term, condition, or requirement, of this Agreement. XXI. ASSIGNMENT: The Contractor shall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. XXII. COMPLIANCE WITH LAW: In providing all services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. XXIII. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS: -- A.--The Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement, as provided in Section 112.311, et. seq., Florida Statutes. B. Upon execution of this Agreement, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. C. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. XXIV. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 9 XXV. NOTICE REQUIREMENT: Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and Monroe County and Monroe County Attorney 1100 Simonton Street Senior Director- 1111 12th St., Suite 408 Key West, FL 33040 Planning& Environmental Key West,FL 33041 Resources Department 2798 Overseas Hwy. Marathon, FL 33050 FOR CONTRACTOR: Donnie Brown, Pumpout USA 1150 Highway 83 North DeFuniak Springs, Florida 32433 XXVI. TAXES: The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. XXVII. GOVERNING LAW,VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the Sixteenth Judicial Circuit in and for Monroe County, or otherwise before the appropriate administrative body in Monroe County, Florida. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and-customary procedures required by the circuit court of Monroe County. Both parties specifically waive their right to a trial by jury. This Agreement is not subject to arbitration. XXVIII. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a response 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 construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 10 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00). XXIX. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and warrants that: (a) The Contractor's name in this Agreement is its full name. (b) He or she is authorized to act and contract on behalf of Contractor. XXX. SEVERABILITY If any term, covenant, condition, or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXXI. ATTORNEY'S FEES AND COSTS The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the County, if it prevails, shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees,courts costs, investigative, and out-of-pocket expenses in appellate proceedings. XXXII. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. XXXIII. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. XXXIV. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 11 XXXV. NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. XXXVI. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. XXXVII. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce-or-attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee, of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. XXXVIII. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of County in his or her individual capacity, and no member, officer, agent or employee of County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. XXXIX. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument, and any of the parties hereto may execute this Agreement by signing any such counterpart. XL. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 12 • XLI. INSURANCE POLICIES Contractor shall furnish proof of insurance prior to execution of this Agreement by the County. Coverage shall be maintained throughout the entire term of this Agreement, and failure to maintain coverage shall be considered a valid reason for the County to terminate this Agreement. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor as an authorized self- insurer, the COUNTY shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. a) General Insurance Requirements for Other Contractors and Subcontractors: As a pre-requisite of the work governed, the Contractor shall obtain, at its own expense, insurance as specified in any attached schedules, which are made part of this Agreement. The Contractor shall require all subcontractors to obtain insurance consistent with the attached schedules. Contractor shall ensure that any and all sub-contractors maintain the same types and amounts of insurance required of Contractor. The Contractor shall be named as an additional insured on all subcontractors' liability policies. Upon request of County, Contractor shall provide such evidence of insurance required of the subcontractor. The Contractor will not be permitted to commence work governed by this Agreement (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below, and, where applicable, Contractor shall provide proof of insurance for all approved subcontractors. The Contractor shall maintain the required insurance throughout the entire term of this Agreement and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance; or • A Certified copy of the actual insurance policy. 13 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Agreement. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this Agreement or imposed by law. The Monroe County Board of County Commissioners, its employees, and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. b) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this Agreement, the Contractor shall obtain the following insurance. Coverage shall be maintained throughout the life of this Agreement and include, as a minimum: Insurance Requirement Required Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease,each employee Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated with Longshoremen's Insurance) , the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 million. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Pollution Liability $1 million per Occurrence 14 Recognizing that the work governed by this Agreement involves the storage, treatment, processing, or transporting of potentially polluting material, the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a discharge of wastes which are governed by this Agreement. The policy must specifically identify this contract and specify that coverage will extend to all losses, claiming pollution or environmental impairment, arising out of the services governed by this Agreement. The minimum limits of liability shall be: $1 million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one(1) year will be required. Monroe County and its Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability $1 million Combined Single Limit(CSL) Prior to the commencement of work governed by this Agreement, the Contractor shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of this Agreement and include, at a minimum: • Injury (including death) to any Person; • Damage to Fixed or Movable Objects; • Costs Associated with the Removal of Wrecked Vessels; and • Contractual Liability with Respect to this Agreement. If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $1 million Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. Monroe County and its Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. XLII. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this Agreement. Remainder of Page Intentionally Left Blank 15 IN WITNESS WHEREOF the parties hereto have executed this Amendment No.6 to this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without` �..roof or accounting for the other counterparts, be deemed an original contract. V ' r'• AVILIN, CLERK BOARD OF COUN Y COMMISSIONERS 4_A, � y OF MONROE CO TY LORIDA . � n Jxuty Clerk ay r ahas A )1 ,y _ ,,p^ / PUMPO T A, INC. V.`r_ — By: /J,� `' NESS PPrint name: ' \t7 y` 21.� W e�0.11 � Print name and official title: (247✓"- ' b 4/ MONROE COUNTY APPROVED AS TO FORM WITNE��) _ Print name: 4) 2/7 /i Gebb Pk �� PETER MORRIS STATE OF F/ORfDA ASSISTANT �UDN/VCORNEY Date: COUNTY OF /DV,k 0 £ On this 073'foday of 201 before me the person whose name is subscribed above, and who swore oath oduced P4j gw/35L0 yeas itentification, and swore an oath that he is the person who executed the above Agreement for the purposes therein contained. l ec �� C �Notar P b 02 o MAYFA TEZANOS Print Name __ I:t Notary Public-State of Florida ap 0 rn My Comm.Expires May 19,2016 Op— 1 CD 0 My commission expires: to;,, A Commission#EE 166590 real �` -71 ..1..,,,,,. 0 ns Bonded through National Nolary Assn. Od^, N o Z. CO <C' 3 r-0r1 r nn r n o M rJ ' j 16 EXHIBIT A Scope of Services For Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of unincorporated Monroe County within the Florida Keys. The pumpout service is provided to reduce or eliminate environmental impacts associated with the illegal discharge of sewage from vessels, and further enable compliance with regulations of the federal No Discharge Zone and vessel restricted areas (i.e. Managed Anchoring Zones) in Monroe County. The following sections describe the Scope of Work and Deliverables for the provision of mobile vessel pumpout service. Section A: Scope of Work 1. Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service (Service) consisting of a minimum of four active marine pumpout vessels, and three backup pumpout vessels, to --service (i.e. pumpout) recreational vessels located in the unincorporated area (waters) of Monroe County within the Florida Keys. The Service will be provided 8 hours per day, 5 business days per week in the area (waters) designated on the attached Mobile Pumpout Service Coverage Map (Attachment I). Each pumpout vessel placed into service will be capable of servicing up to twelve vessels per day and each will be trailerable to locate to other service areas, as needed. The pumpout service, provided at no charge to all recreational vessels in the unincorporated area (waters) of Monroe County within the Florida Keys (up to once per week), will be provided to anchored-out vessels. Pumpout USA may also provide service to vessels at marinas (with priority given to marinas without pumpout facilities), but only after all anchored-out vessels are serviced. The first priority of each pumpout vessel will be servicing anchored vessels located in established Managed Anchoring Zones, as identified in the attached County anchoring ordinance (Attachment 2). Pumpout USA — - -- will provide service to vessels anchored in Managed Anchoring Zones, whether registered for pumpout service or otherwise, in accordance with the frequency described in Monroe County Ordinance 36-2012 (the County anchoring ordinance). Pumpout USA will also provide as-needed pumpout service to vessels located outside of Managed Anchoring Zones, whether registered for pumpout service or otherwise. If the County anchoring ordinance establishing the Managed Anchoring Zones expires, Pumpout USA will provide service throughout the unincorporated area (waters) of Monroe County within the Florida Keys on an as-needed basis. Vessel owners will be encouraged by the County and Pumpout USA to register for routine pumpout service (see Registration of Customers below), which will assist in streamlining the service through the utilization of `identification decals' indicating participation in the pumpout program and orange flags to be flown when in need of a pumpout (decals and flags to be provided by Pumpout USA). Vessel waste will be offloaded and properly disposed of utilizing fixed pumpout stations located throughout the Keys, and when necessary hauled out by licensed haulers. In addition, the Contractor shall adhere to, and provide for, items described in the `Tasks /Deliverables" included in the DEP/CVA Agreement (attached) and the DEP (non-CVA) Agreement (attached). 2. Staffing Pumpout USA, at its own expense, will provide all personnel required to perform this contract and all personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Pumpout USA personnel shall not be employees of or have any contractual relationship with the County. The Contractor will provide Pumpout Vessel Captains and a Maintenance Captain, as well as a Project Manager that has extensive experience and training in the pumpout industry. The Project Manager will maintain an office and his/her primary duties will include: • Coordinating pump-out schedules; • Registering customers for service; • Obtaining registrants' contact information and location for pump-out service; • Contact point for FWC concerning "Proof of Pumpout" of vessels located in Managed Anchoring Zones. The Pumpout Vessel Captains and Maintenance Captain are employees of the Contractor and duties are: • Operate pumpout vessel on a weekly schedule within their designated service areas; • Maintain a supply of identification decals and orange pumpout flags; • Maintain a written daily log identifying date, miles traveled, pumpouts performed, gallons pumped from each vessel, and fuel purchased with receipt for reporting and reimbursement purposes. 3. Registration of Customers Registration forms for participation in the program will be made available online through the Pumpout USA website. Additionally, registration forms will be made available at various sporting-goods retailers, the Monroe County Marine Resources Office, various marinas, and directly from pumpout vessel operators in the service areas. Registration to participate in the program is free for recreational vessels. The participant submits his/her registration information, which will be entered into the service schedule. Upon the first visit by the pumpout vessel the pumpout vessel operator will affix the identification decal to the bow of the vessel (adjacent to the state vessel registration decal location), and attach the orange service banner to the bow rail. A service schedule for each pumpout vessel placed in service will be made available on the Pumpout USA website. The registration forms provided on the website will request the mooring location of the vessel (laUlong), registration number and state, size and type of the vessel, the name of the vessel, and a point of contact for the vessel. The registration form must be signed by the vessel owner and/or captain and allows the Pumpout USA Pumpout Vessel Captain permission to pumpout the participating vessel and board the vessel, if necessary. 4. Public Education Pumpout USA will develop a website, public education materials, instructional materials, marketing materials, and registration packets in support of the mobile vessel pumpout service program. All educational materials will focus on the importance of clean water and the impacts of sewage discharge into the environment. These materials will be made available online through the Pumpout USA website and distributed to participating marinas, local sporting goods merchants, Monroe County Offices, and FWC where they can be accessed by vessel owners and be distributed by FWC and Pumpout Vessel Captains. The Project Manager (or his/her designee) will also participate in, and promote clean water through this pumpout service at public gatherings, marina meetings, Fishing Clubs, Civic Organization Meetings, Secondary Education Science Classes,etc. 5. Coordination with County staff and FWC Pumpout USA will identify to the FWC any anchored vessels that are not participating in the program or requesting pumpouts. Each Pumpout Vessel Captain will give special attention to vessels in Managed Anchoring Zones and will communicate on a regular basis to the Project Manager for FWC reporting. Section B: Deliverables 1. Monthly Pumpout Logs Signed monthly pumpout logs will be submitted, specific to each pumpout vessel and broken down by service area, indicating the number of pumpouts performed, volume of sewage pumped out, and number of individual vessels pumped out. 2. Quarterly Reports Pumpout USA will submit signed, notarized quarterly reports showing: • Number of pumpouts performed in each service area (including number of out of state vessels) and total for the Keys; • Gallons of sewage pumped from each service area and total for the Keys; • Total number of individual vessels pumped out; • The routes and locations of the pumpout vessels; • Gallons of fuel used in support of program; • Education and outreach activities. 3. Invoicing Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each quarter's payment, as stipulated in the contract. The invoice cost (as described in the contract) will be based on a per unit rate. In addition to the above described reporting and invoicing requirements, the Contractor will provide all receipts, invoices and other applicable documents as described in the body of the Agreement, and as required by the DEP funding agreements associated with, and referenced in the Agreement (and attached). 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(..9 . ri A: a) mum . o , v) • •I ----41117-14- • a) .-. . \i." -- • ix .." o as IV • o 6 F .- 11,,_1 2 . •z-..%. 6 01A. `5 T411' (I) co co a 0 wu . jo o \-3,-. i el,_,F2 . :. `• -60 rn CJ { w Q ATo U C C l co C\n A. - , f . 7- ., C:L.ry!f. - 4� as ni E L- rn 4,...,,,c4,\> I o � a) U a� (72.a ca Q -) O „ 7 O \. a) a L V,v �� T �J o \`��y c n f 7 O o O o f • Attachment 2 to Exhibit A 1 2 3 ��,, ti 4 n 1 6 0 7 _ 8 9 ORDINANCE NO, 036 -2012 w 0 10 a- 0 I1 12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS AMENDING CHAPTER 26 14 OF THE MONROE COUNTY CODE (WATERWAYS) TO 15 PROVIDE FOR "ARTICLE V ANCHORING AND 16 MOORING RESTRICTED AREAS"; PROVIDING FOR 17 SEVERABILITY; PROVIDING FOR REPEAL OF 18 INCONSISTENT PROVISIONS; PROVIDING FOR FILING 19 AND AN EFFECTIVE DATE; PROVIDNG FOR 20 CODIFICATION; PROVIDING FOR AN EXPIRATION 21 DATE. 22 ---- 23 ---- 24 WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The 25 Boating Impacts Management Plan Final Report which documented liveaboard vessel 26 impacts associated with unmanaged anchorages throughout the Keys; and 27 28 WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a 29 Keys-Wide Mooring Field System Preliminary Planning Document which included an 30 evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key 31 Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area) and recognized 32 the need to address negative boating impacts associated with those unmanaged 33 anchorages;and 34 35 WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the 36 Development of a Boating Management Plan for the Boca Chica Harbor Area which 37 evaluated a variety of boating impacts in that anchorage area and provided options for ---- 38 managing anchoring activity, but recognized the lack of authority(at that time)provided 39 to the County to regulate vessels other than liveaboard vessels;and 40 41 WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife 42 Conservation Commission (FWC), in consultation with the Florida Department of 43 Environmental Protection, to establish a Pilot Program to explore potential options for 44 regulating the anchoring or mooring of non-liveaboard vessels outside the marked 45 boundaries of public mooring fields(327.4105 F.S.);and 46 1 r' 47 WHEREAS, the goals of the Pilot Program are to encourage the establishment of 48 additional public mooring fields and to develop and test policies and regulatory regimes 49 that: promote the establishment and use of mooring fields, promote public access to 50 waters of the state, enhance navigational safety, protect maritime infrastructure, protect 51 marine environment, and deter improperly stored,abandoned or derelict vessels;and 52 53 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to 54 participate in the Pilot Program in partnership with the Cities of Marathon and Key West, 55 each of which operate public mooring fields;and 56 57 WHEREAS, the Monroe County Board of County Commissioners entered into Inter- 58 local Agreements with the Cities of Marathon and Key West on February 17, 2010 59 providing for coordinated partnerships in the FWC Pilot Program; and 60 61 WHEREAS, the Monroe County Marine Resources Office retained consultants to 62 complete vessel surveys inside and outside of public mooring fields at Key West and 63 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder 64 workshops to take public input on anchoring and mooring issues and potential regulatory 65 regimes,in accordance with the criteria of the FWC Pilot Program;and 66 67 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public 68 input provided at stakeholder workshops, and provided a recommendation to the FWC to 69 approve Monroe County for participation in the Pilot Program;and 70 71 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of 72 five local governments in the state to participate in the Pilot Program, including St. 73 Petersburg, Sarasota, St. Augustine and Martin County;and 74 75 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe 76 County Board of County Commissioners held numerous public meetings from 2009 to 77 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring 78 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring 79 impacts; and 80 81 WHEREAS, the Monroe County Board of County Commissioners provided direction at 82 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for 83 managed anchoring zones with accompanying regulations, and to coordinate with the 84 Cities of Marathon and Key West for the inclusion of ordinance language providing for 85 anchoring regulations in association with their respective mooring fields;and 86 87 WHEREAS, at the September 21, 2011 Monroe County Board of County 88 Commissioners meeting the Board received a request from a representative of Wisteria 89 Island to have Key West harbor included as a managed anchoring zone, and the Board 90 approved the inclusion of that area as a managed anchoring zone;and 91 2 • 92 WHEREAS, the Monroe County Board of County Commissioners provided additional 93 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four 94 managed anchoring zones, and revised the regulations for development to be applied 95 within those zones; and 96 97 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012 98 meeting accepted a request by the City of Marathon to include the greater Boot Key 99 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and 100 directed staff to include a prohibition on vessels within managed anchoring zones that 101 exhibit conditions known to precede a derelict vessel condition, eliminate floating 102 structures language and eliminate USCO Auxiliary Vessel Safety Check language 103 pending a recommendation from the USCG;and 104 105 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012 106 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chico 107 basin,encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring 108 zone to ensure the safety and security of the public; and 109 110 WHEREAS, the Monroe County Board of County Commissioners has indicated that the 111 anchoring ordinance should not be over-reaching and not overburden transient boaters; 112 and 113 114 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to 115 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds 116 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds 117 through marine fuel taxes, to properly pumpout and comply with existing sewage 118 discharge regulations within the federal No Discharge Zone in the Keys, by providing 119 free pumpout service to vessels located in managed anchoring zones and which are 120 served by the County pumpout program; and 121 122 WHEREAS, Monroe County staff is negotiating a contract with the National Marine 123 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated 124 areas of the Florida Keys and to provide for a registration process, with accompanying 125 participation stickers or tags to be displayed on vessels indicating proof of regular 126 pumpouts; and 127 128 WHEREAS, because the anchoring ordinance is a test program the Monroe County 129 Board of County Commissioners desires that vessel owners be provided warnings by 130 enforcement officers prior to the issuance of citations, to allow every opportunity for the 131 vessel owner to comply with the described regulations;and 132 133 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard 134 and non-liveaboard vessels; and 135 136 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to 137 fully implement the agency's At Risk Program in designated managed anchoring zones as 3 138 a tool to identify vessels which exhibit conditions known to precede a derelict vessel 139 condition;and 140 141 WHEREAS, the regulations established in the anchoring ordinance are consistent with 142 the municipal codes of the City of Marathon and the City of Key West and 143 144 WHEREAS, the Monroe County Board of County Commissioners will transmit the 145 approved anchoring ordinance to FWC for consideration and approval prior to adoption 146 of the ordinance by the Board of County Commissioners; 147 148 149 150 NOW,THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 151 OF COUNTY COMMISSIONERS: 152 153 Section 1. Chapter 26 of the Monroe County Code is amended as follows: 154 155 Chapter 26 156 WATERWAYS 157 158 ARTICLE V 159 ANCHORING AND MOORING RESTRICTED AREAS 160 --- 161 Sec.26-100. Purpose. It is the purpose of this section of this Code to provide for 162 anchoring and mooring restricted areas where unmanaged anchoring and/or mooring and 163 associated environmental and navigational impacts exist. These areas and restrictions are 164 created in accordance with F.S. § 327.4105, and by approval of the Florida Fish and 165 Wildlife Conservation Commission which has been directed by the Florida State 166 Legislature to establish a Pilot Program to explore potential options for regulating the 167 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public 168 mooring fields. These restrictions are deemed to be necessary to protect the public 169 health, safety and welfare. These restrictions also include the regulation of liveaboard 170 vessels and floating structures, as provided for in F.S. § 327.60(3). 171 172 Sec. 26-101. Definitions. 173 174 Proof of pumpout means an acceptable form of proof that a vessel has had its vessel 175 sewage legally pumped out, or disposed of(in the case of a Porta-Potti or other portable 176 toilet). Acceptable forms of proof include a pumpout registration sticker or tag issued by 177 the City of Key West, City of Marathon or Monroe County pumpout programs indicating 178 that the vessel receives routine pumpouts, or a pumpout receipt from a pumpout facility 179 (including portable toilet dump stations)or pumpout vessel within the past ten(10)days. 180 181 Derelict Vessel means any vessel, as defined in F.S. § 327.02, that is left, stored, or 182 abandoned: 183 (a) In a wrecked, junked, or substantially dismantled condition upon any public 184 waters of this state. 4 185 (b) At any port in this state without the consent of the agency having jurisdiction 186 thereof. 187 (c) Docked or grounded at or beached upon the property of another without the 188 consent of the owner of the property 189 190 Sec.26-102. Anchoring and Mooring Restricted Areas. 191 192 (a) Managed Anchoring Zones. Managed Anchoring Zones are established for the 193 purpose of protecting the marine environment,enhancing navigational safety, and 194 deterring improperly stored, abandoned, or derelict vessels. Managed Anchoring 195 Zones are created as a tool to regulate anchoring activity in currently unmanaged 196 anchorages. 197 198 (1) Managed Anchoring Zones shall be established in the following described 199 geographic areas. Maps delineating the Managed Anchoring Zones are 200 attached hereto as Attachment A,and are incorporated herein by reference and 201 will be made available in the Marine Resources Office. 202 203 a. Boca Chica Basin: To include the body of water occurring between Stock 204 Island and Boca Chica Key(excluding the Navy Accident Potential Zone 205 (APZ),restricted areas, and bay bottom)south of U.S. Highway 1,west of 206 the western edge of the arc of the NAS Key West Accident Potential Zone 207 (APZ), west of a line intersecting the APZ at 24° 34.10' N 81° 43.35' W 208 and running south to 24° 33.63' N 81° 43.35' W, south of a line running 209 east-west from 24° 33.63' N 81°43.35' W to 24° 33.63' N 81° 43.15' W, 210 west of the western edge of Boca Chica Channel running southwest from 211 24° 33.63'N 81°43.15'W to 24°33.45' N 81°43.24' W,north of latitude 212 24° 33.45' N (approximately at the location of Boca Chica Channel 213 marker 7), east of a line running north-northwest from 24° 33.45' N 81° 214 43.38' W to 24° 33.82' N 81° 43.46' W and continuing along the Stock 215 Island shoreline. 216 b. Key West Harbor: To include the body of water occurring west of 217 Fleming Key and Key West (excluding Navy restricted areas), south of a 218 line running east-west at latitude 24°35.19' N,east of a line running from 219 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset 220 Key), and north of a line running east-west at latitude 24°33.84'N. 221 c. Cow Key Channel: To include the body of water occurring between Key West and Stock Island, south of U.S. Highway 1, and north of a line 223 running east-west at latitude 24° 33.44' N (approximately at the location 224 of Cow Key Channel marker 5). 225 d. Boot Key Harbor To include the area of Boot Key Harbor(excluding the 226 permitted public mooring field and No-Anchoring Buffer Zone)occurring 227 south of the Vaca Key shoreline, east of Boot Key Harbor main channel 228 entrance marker 7 located at position 24°42.13' N 81°06.84' W,north of 229 the Boot Key shoreline, and west of the far eastern side of Boot Key 230 Harbor at position 24°42.54' N 81°04.99' W, and including the entirety 231 of Sisters Creek south to marker 4 at the entrance of Sisters Creek, and 5 232 including the area occurring from Sisters Creek marker 4 at position 24° 233 41.35' N 81° 05.26' W running east to the shoreline of Vaca Key at 234 position 24°41.43' N 81°04.93' W and running north along the shoreline 235 of Vaca Key and continuing to the west along the shoreline of Sombrero 236 Beach. 237 238 (2) The following regulations shall apply within Managed Anchoring Zones: 239 240 a. Prohibition of vessels exhibiting pre-derelict vessel conditions. Vessels 241 determined to exhibit conditions known to precede a derelict vessel 242 condition are prohibited,including: 243 I) Vessel is not able to be used for navigation. 244 2) Vessel is listing. 245 3) Vessel is aground. 246 4) Vessel is in danger of breaking its mooring. 247 5) Vessel is sinking. 248 6) Vessel is dragging anchor. 249 7) Vessel has broken its mooring and has been secured for the protection 250 of the health,safety and welfare of the citizens. 251 b. Prohibition of derelict vessels. Vessels determined to be derelict in 252 accordance with F.S. § 823.11 are prohibited. 253 c. Proof of pumpout required. Vessels anchored or moored for more than ten 254 (10)consecutive days, and which are required to have a marine sanitation 255 device in accordance with F.S. § 327.53, must provide proof of pumpout 256 Vessel owners may utilize a pumpout service which may be provided by 257 the City of Key West, City of Marathon, Monroe County pumpout 258 programs, or other authorized vessel pumpout facility or vendor. The 259 municipal and County pumpout services are structured to provide ongoing 260 pumpouts for vessels located within managed anchoring zones, and may 261 provide a registration process by which vessel owners sign up for regular 262 pumpouts at a frequency based on anticipated need, with a minimum of 263 one pumpout per month. A monthly, color coded, registration sticker or 264 tag may be provided which vessel owners may display on their vessel, 265 indicating participation in the municipal or County pumpout program,and 266 which will be considered proof of pumpout. The municipal and/or County 267 pumpout programs shall maintain registration documentation and pumpout 268 logs throughout the duration of the Pilot Program, which shall be available 269- for review by any law enforcement officer. If a vessel owner utilizes 270 another vessel pumpout provider the vessel owner is required to maintain 271 documentation and pumpout logs to demonstrate use of pumpout to FWC, 272 MCSO or other law enforcement officers. 273 274 (b) No-Anchoring Bufer Zones. No-Anchoring Buffer Zones are established outside 275 of, and immediately adjacent to, permitted public mooring fields for the purpose 276 of protecting maritime infrastructure, enhancing navigational safety and 2777 promoting public access and the use of public mooring fields. 6 • 279 (1) No-Anchoring Buffer Zones shall be established in the following described 280 geographic areas. Maps delineating the No Anchoring Zones are attached 281 hereto as Attachment B, and are incorporated herein by reference and will be • 282 made available in the Marine Resources Office. 283 284 a Boot Key Harbor. To include a fifty foot (50') wide area immediately • 285 adjacent to, and outside of; the perimeter of the east and west mooring 286 fields and the leased anchoring area. 287 b. Seaplane Basin: To include the area of Garrison Bight known as the 288 Seaplane Basin occurring north of the Key West shoreline, east of the 289 Fleming Key shoreline, south of a line running east-west 50' north of the 290 Garrison Bight mooring field boundary markers C and U, and west of 291 Sigsbee Park. 292 c. Boca Chica Basin: To include the body of water occurring between Stock 293 Island and Boca Chica Key (excluding Navy restricted areas) south of 294 U.S. Highway 1, east of the western edge of the arc of the NAS Key West 295 APZ, east of a line intersecting the Navy APZ at 24°34.10' N 81°43.35' 296 W and running south to 24° 33.63' N 81° 43.35' W, north of a line 297 running east-west from 24° 33.63' N 81° 43.35' W to 24° 33.63' N 81° 298 43.15' W, and west of the western edge of Boca Chica Channel and the 299 Navy restricted area (which includes Boca Chica Channel and the Navy 300 mooring field basin). 301 302 (2)The following regulations shall apply within No-Anchoring Buffer Zones: 303 304 No anchoring or mooring of any kind (vessels or floating structures) except 305 for vessels mooring within established permitted public mooring fields by 306 permission of the mooring field owner or manager, vessels within a leased 307 anchoring area associated with a mooring field, commercial vessels (e.g. 308 barges) engaged in marine related work, military operations,vessels anchored 309 for the purpose of fishing or other recreational activities (but not overnight), 310 or in the case of an emergency(e.g. weather,mechanical,medical)causing the 311 need for a vessel to temporarily anchor. 312 313 Sec. 26-103. Enforcement. Regulations described in this Article may be enforced by law 314 enforcement officers of the City of Marathon or City of Key West (within their areas of 315 jurisdiction),Monroe County,or FWC or any other law enforcement officer. 316 317 Sec. 26-104. Penalties. 318 319 (a) Any person cited for a violation of this article shall be charged with a noncriminal 320 infraction. A written warning shall be issued to provide the vessel owner 30 days 321 for corrective action or removal of the vessel. If corrective action or removal is 322 not accomplished, a Uniform Boating Citation may be issued for violations of this 323 ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to 324 issue such citations. Vessel owners will be provided thirty (30) days between 325 issuance of citations. Fines associated with citations are established as follows: 7 • 326 (1) First offense-S50 327 (2) Second offense-$100 328 (3) Third offense-$250 329 (4) Fourth or subsequent offenses- $250 and FWC will request that the owner 330 remove the vessel from the Managed Anchoring Zone or No-Anchoring 331 Buffer Zone 332 333 (b) Any person who fails to properly respond to a Uniform Boating Citation issued 334 for a violation of this article shall, in addition to the charge relating to the 335 violation of the boating laws of this County, be charged with the offense of failing 336 to respond to such citation and upon conviction be guilty of a misdemeanor of the 337 second degree punishable as provided in F.S. § 775.082 and F.S. §775.083. 338 339 (c) If a law enforcement officer determines that a vessel is derelict,the violation shall 340 be processed in accordance with F.S. § 823.11 341 342 (d) Allowance shall be provided for vessels in need of safe harbor due to severe 343 weather conditions or temporary mechanical issues which may otherwise prohibit 344 a vessel from safely departing a managed anchoring zone. 345 346 Sec. 26-105. Exemptions. The following exemptions are provided: 313. 349 (a) Vessels equipped with only incinerating or composting toilets are not required to 350 provide proof of pumpout,as those types of toilets are not designed to be pumped 351 out. However, effluent from those toilets is not allowed to be disposed of in the 352 waters of the No Discharge Zone within the Florida Keys. 353 354 (b) Stored vessels are not required to provide proof of pumpout. 355 356 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 357 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be 358 invalid, such judgment shall not affect,impair, invalidate, or nullify the remainder of this 359 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, 360 clause, sentence, or provision immediately involved in the controversy in which such 361 judgment or decree shall be rendered. 362 363 Section 3. Repeal of Inconsistent Provisions. All ordinances or pats of ordinance in 364 conflict with this ordinance are hereby repealed to the extent of said conflict The repeal 365 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive 366 any ordinance which has been repealed thereby. 367 368 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of 369 the Secretary of the State of Florida and shall become effective as provided by law. 370 8 • 371 Section 5, Codification. The provisions of this ordinance shall be included and 372 incorporated into the Code of Ordinances of Monroe County, Florida and shall be 373 numbered to conform with the uniform numbering system of the Code. 374 375 Senior)6, Expiration Date The FWC Pilot Program is scheduled to expire on July 376 1,2014,unless extended by the Florida State Legislature. This ordinance shall expire or 377 be extended concurrently with the FWC Pilot Program. 378 379 380 381 382 383 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 384 Florida at a regular meeting held on the 17th day of October,2012. 385 386 Mayor David Rice Yee 387 Mayorpro tern Kim Wigington Yee 388 Commissioner George Neugeot Yea 389 Commissioner Heather Carruthers Yea 390 Commissioner Sylvia Murphy Yes 391 392 393 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 394 395 Attest: DANNY L. KOLHAGE,CLERK • 3% ' /� 397 c`!)oL�f By (. (SiltA4.rt i✓ ) By 398 Deputy Clerk May avid Rice 'nONROE COUNTY ATTORNEY APPROVED AS TO FORM: 1. SU4AN M.Gal EY lAt ASSIST NTCOUN YATTORNSY u 17, .ZSIL STATE OF FLORIDA COUNTY OF MONROR Phis Copy is a True Cony of the Oricinal on File in this Office. Witness my hand and Official Seal. This (�L1_h day of I ''fJ A.D.,Eo 1IX, DANNY L. i OLHAGE tbdClerk CocuiyOu co. 6,j) 3y D c 9 Attachment A- Maps of Managed Anchoring Zones Boca Chica Harbor "-,N,,,,, ... ...._, y. l� i a" • `, Edl. _r �. it , ,��14i 7w. • ,. 4, , , Ilf:-,;,1-4:•4'''7'.'4,•';,'1 ..7 . .),' - . • , St X. '�F'! ,•I ter. , i;, v e ".0 - „i :: .it -...$4. :. ,' 1 i•-,0i., r 4: ...T .. t 't:"..i fir. r "........„,f..,1-47- 44:‘'. ee 4 ....... .;:itd * t ris, l >47 If • ilk - ; ' < i .. 5 ti Attachment A-p.1 Key West Harbor *- • .'•, i,,4 4. ' '• •., . e." ,i. , ••, ' 145-1feClt 1•4/i 1.4 : I • • , . !7 II:V •.."I -:I* " 44' • 'isiti - • , ' ''',:i ,yrs. •-• ...`:V' I , .4' . I ol: If, i • A' .. I ) IC 1 .1 ‘.•. r • \ .-:•ti ... ... s•:. ,0,- : - • ... • ,.1 'I . •f i s. -ft;10 1 , . • hisi.r......... .....y.... ..... -- i- it -, • '. No1-.1-, Itt --- ,;,0...iiiiidia..., ... . A , • i!..),,4- (4, , • FV ,,,..• # 1 ' V•i k.. ( ; • -.-- r . • . 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' -::. •'..-,xlew v.-; .•:- . % '-•_. °, !..-. - • .'? . .113. --VeS.E.-t• :: 11P, If &IIII4I111_15i2_,.., ' .i. -1 ••' , Ale • •C ,- r,7,40....irti. , 04:4. t`ifM IM qt •. .- 0 . .4 e, - - ..11-,7.. i - •0: * in.` •P. : 410 4019,1t4 it':,itzt t 1 ftit,14*. ..-:',..r.--i•:-..; '0 s''. *4 • ,,,, ••• ,f . - _ ,,,N• NP•).i .. .- . -•'4 ...„ L. .4.. 4, . .4.4„,•:,, ,.. 11 e w. f Ito, _ _ - ieq...• ,-... Is . r•L .-. ,.- ,' P 1 • •' ''.,k,s .. • igipl ,,, % I • ...,), ' ••••• . , tz„,-;:,1:y..-4/14 •... A., • $. ,_.4 .1zLtio,„, . • i ;011:4`.....' A %., ,... ,,.._. I.:I e• ,k , .3 • II.-",••• -Ad . •-iev. ‘. d. /'; • '4.'-:tie:r• -• ak ...re" 1 1 :' .,.D"' , ..f•'. •k. :r A.1141 ^1 . '. '(''..0-fs •14 IS - Ia....7 - cit... ,,J. ' .. .10•-' •t': •-• id .. i u .. .• CI $:SZ•• .t 0 IV..4r• \ ! i • - '.4 i • •'. I )( 1 • • • r•''''*. • - 1 r ._ "f" Mt- dl ' • ' ra.QIP• . • " 4_,,,,:. - as. • . ' 4 1.,.,,,... 14-4", .. . . . .. , .\\ , • \.,.. , • • . • _ „ AA le .....••-" _: ker, --- . ,T. .." * Agf" fr - , I `-- -— Attachment A-p.3 Boot Key Harbor (1 .64i ,,. 0011I . � ` � •,, .•l R, . . • am° l ' . Y stl i4.�� : , I q• r 1,�' .: u°orbelCity of 16aralboa.Plaids tlp++,•.•w 1..1.., rPqN bw.w M1- City ofMarathon.Plaids® (j.t. OMdd Yap Prodaa -lC toot Ky Harbor-FWC Pilot Protean Boundary 0 $2 1280 2.800 3.760 6.000 6.260 7 600 8.760 10.000 Fwi 1 Attachment A-p.4 Attachment B- Maps of No Anchoring Buffer Zones Boot Key Harbor , ,\ ,..,v6 s,14:Niliviri:::\,...1 ,• w.--r ,,,,4,._71, 1,15 ,, .,. ,_,..o. ., ., 0 .4 ; „,,,.. ,......,viip •4' ..4,1g ilihi Ti , , • ,:., ,. A'''.gi' ' 4,:c.,,....„,,,,.„.,,,,,,,--':.:-., - ,4 ,at era •14,\It., 'r1 a �' 1 i1:ll" _ ... `^ ,. _erg' • 1. �.44j •kd w£T . �ej1.. K i• � _.i 40 .47 ��'*"4111:. • ,r ,. S ..* '1 - 4%\‘ r ' p x. �' U9«+C City a N/sd10r1.Hooea , tee....,..... . -.r...s.,. lr—U0- _ '1 _ City et mammon.Florida + tV ONkHI Map Product IT Boot Key Harbor-No-Anchoring Zones ii/ 0 195 390 160 1.170 1.500 1 950 Z300 2.730 3.120 Feet Attachment B-p.1 Key West Mooring,FielcUSeaplane Basin .,,,... ..,,, 4 , '.1r il••—••• vt'r itp:, a'''• ar• 4` .A...4.21 i-', V ,.1, ,v 0,,,% 0 myr• k '. i .4)• 1%,_ k: •, 4r• 4. ,4, Or ; ir, 4(4*4 • - , •It" •• , • i . 1 : • Eilpi,, _ - OIT • , #11i - , ,..11,..,.., :.,..., .,, , 4; • v. 4.:.. 1144•'• 4,0"P 1 '8"4 4 •Alw ''' ..: • , ,'P't 't. ••• - ' . 4‘*.i .01' z% I'vf.- .#`' r.loolifici I i(>1(I Al'tick ' 04,4.- • i ••• : • - ..- . I1 ) _ • .4.! .... ii ,,..."4,1•44 .'7 1 ki • A 44' ' . 0.,,,..('.•4‘ . r i , lilt ..,,,• .. I - ;:. '‘ ') 0 I `..74. ',i- ',..-• 4. s .. .• .••• ••• s .,. 1 ••• - .vik lu ite" em 1 1 ' .„\4t. 1 . 1 •i -•,.o• i . - t -j; 1 . ..---- • -,. 1 : .11 1 , 1 , s . .... t,,,... , , , . t Ajtil , , \P Al. . ,•••4 7* .'.4-.°a f .L., ..... : •;..5 ,--i-T. -t.- %. le- •.s- , t N Fl . .. '''‘-. ..) • .‘ LoP •, - , ,i, .t - .4:'-'---• - 101,:iti‘ ' z.-„,,e,': -••••••••4,0- , ._,.:•.5ipass,-. - Ps'" 1. , fl : ""Fe...___""`" . .--7r.--S4' •:..!„,-,..,,,,, . . -._..-.;,,,r ,,,. ,,,, 4,„,,-. if Vow- ll' , i '-'. ., . IVA ,.: .. il F - 4'' •t...!••• ' ' •••'• -.%4{ .7•• 414‘ Al III ill)Yrj „,iiit `i ...: .4e—•-•fh.,,.. .<1'-., lb. ..::-,.. •• v.-, • . lc w:•''''--..1 0 :.-.--r..._ le, .. ...,...,":„ •, , i ...._-, ,... . i-...7;•- . ..iai i ,.,It e,' a,,, x.,......• • .,• /1 Ifir /F-. • ' '.' - .` °*-,.•>- 7 J-74117f: 1.e.:1• •-• ' ••1.01.'4%*.'*•,i• •t' 1 syc,••••;;,...,r.% t' ' . `.'.. '' $ ...Is: . 4. er4•44.. • all,e)f r‘j... I.••••:i.'76.1' a,•‘2:- .... , .. Attachment B- p.2 Boca Chica Basin �tlit may,.•,.1. .-� 1 • • . q `♦ faLt141z, t. , lk . . 4.1 •arty "e''..X:-.4., •. / r. Ir.A _o'er Y "�^ toitoff :� 1f, p Yf `^'w�, OIL Ry n k � ; _lows lit's*L''`' • 4 )ki, Ati; 4..1 _-:$�i . I i . ... I , ., .- 1 .'} ,...,../.., t si. , „ ii, i , , k• ._. ,,..,...,,4 sfr S: . t Attachment B-p.3 ATTACHMENT G Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: Equal Employment Opportunity- All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity;' as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act(18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means,any person employed in the construction,completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not ---- ---- less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 CFR part 5).Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than I y times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement -Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. DEP Agreement No.MV 170,Attachment G,Page 1 of 3 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress. or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall he made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 10. Compliance with all Federal statutes relating to nondiscrimination-These include hut are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (I) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; (g)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h)any other nondiscrimination provisions in the specific statute(s) made;and,(i)the requirements of any other nondiscrimination statute(s)that may apply. I I. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act(5 U.S.C. 1501- 1508 and 7324-7328)that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEP Agreement No.MV 170.Attachment C.Page 2 of 3 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.); (1) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended(P.L. 93-523);and (h) protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development,and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm blooded animals held for research,teaching,or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act(Pub.L. 94-163,89 Stat. 871). 21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690,Title V, Sec.5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for Drug-Free Workplace(Financial Assistance)"published in the Federal Register on November 26, 2003,68 FR 66534), which require that the recipient take steps to provide a drug-free workplace. 22. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act" The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that,to the greatest extent practicable,all equipment and products purchased with funds made available under this Agreement should be American-made. 23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting funds under this Agreement, the Grantee agrees to implement the requirements of(g)of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g). 24. Registrations and Identification Information, the Grantee agrees to maintain current registration in the Central Contractor Registration (www.ccr.gov) System for Award Management (SAM) at all times during which they have active project funded with these funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. DEP Agreement No,M V 170,Attachment G,Page 3 of 3 ATTACHMENT H REGULATIONS Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. General 43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOI Grants and Other Federal Assistance 43 C.F.R. 12 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.P.R. 18 New restrictions on lobbying 43 C.P.R.43 Government wide requirements for drug-free workplace Other Federal Regulations 2 C.P.R. 1400 Suspension and Debarment 48 C.F.R. 31 Contract Cost Principles and Procedures Office of Management and Budget Circulars A-21 (2 CFR 220) Cost Principles for Educational Institutions A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments A-122 (2 CFR Cost Principles for Non-Profit Organizations 230) A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK • DEP Agreement No,M V 174,Attachment H,Page I of I ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE zo5, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS i CERTIFICATE DOES NOT FFFNWATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEL REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policypes)must be endorsed. H SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT Charlie BranC, Branca a drncn ms 6Me ykrONE AEG 904 286 881A G NR E•N:.I12443 San Jose Blva EJM L J_SHRi ADDRESS: Jacksonville,Fl 32223 _ INSURE AFFORDING COVERAGE HAICM INSURER A Mercury Ins Company _ _.. . INSURED PumpOut USA INSURER _ -' INSURER 1150 State Highway 83 INSURER D: ^ML'nisk Springs. FI 32433INSI REgE L " _ --- --- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR CITHER DOCUMENT WTH RESPECT TO WINCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS" EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ SHOWN MAY HAVE BEEN REDUCED BY PAID 01AIMS. n6x.. . - FDDL 3GER' LER'I TYPE OF INSURANCE - IRMO F POLICE CAP - _ GENERAL LABILITY POLICE NUMBER pryYYp - LIMITS — EACHOCCURRENCE g COMMERCIAL GENERAL LIABILITY OAANGEtORENTE6- --- - CLAIMS-MADE OCCUR Ay we PREMISESLnym Pencol S r MEO EXP person, S PERSONAL 8 ADV INJURE ,S .... GENERAL AGGREGATE $ GE:EL LIMIT ARAI LES PER - -- - 'PRO" PRODUCTS,COMOOP AGG IS AUTOMOBILE LIABILITY COMBINED SINGLE LIMB 1,00D.000 • 8001 Y INJURY(PeiWAGE E 1,000,000 A I _I ALL OWNED s ACHED'u.Eo I % BA0900000W9fi]SCHEDULED 02/1612015 02/152016 BODILY R I anon 5 1000,000 HIRED AUTOS .. UTOS D AOTOS O DAMAGE 1,000,000.. IU BRELLALIAeIA S . OCCUR EACH OCCURRENCE _ S Excess W B _ CLAIMS MADE _ I _ '...I 'AGGREGATE S WORKERS ,E Ems_ s AC STAN- !GOT AND EMPLOYERS' ABILITY YIN • _ T i yivr5 1 Ut xCLDoin. [El N A BY LEAACCIDENT l you a n'u'cn NL¢r DA e__ .. T ELD EASE E Pt OYEi s 'DESCRIPTION OF OPERATNNS AMA VRANCR W/L. YAfi EL.D DISEASE Fa HAT S • QESCRATIOS OF OPERATIONS LOCATIONS I VEHICLES(Amin ACORD 101.AEeiupul R.mvks SENNA*x mere space a t.quind) CERTIFICATE HOLDER CANCELLATION ANY OFDESCRIBED Monroe County Board of County Commissioners THEULD EXPIRATIONH E DAE EVTHEREOF, NO ICCECI WILLL ME DELED BEFOREOELIV 1100 Simonton Si.Rm 2268 ACCORDANCE WITH THII DELIVERED IN POLICY PROVISIONS. -- Key West,Fl 33040 step RI3R 6CN ,' ACORD 25(Z0101051 'A _ .7 �6GGt • ('�' -- @ 19882610 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �/ CERTIFICATE OF LIABILITY INSURANCE e"o VAMM°�5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(61,AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder le an ADDITIONAL INSURED,the policy(Ise)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,arts policies may require an endorsement. A statement on this certificate does not confer dglfta to the cornett holder In lieu of such endorsemeniM). PROoLcw NCMITAcT Dan LongmanMLN pu Gallagher Charier Lakes Run. 616-0T53501 MM.NM: 616-876H0670 3455 East PEris Ave SE dsn_Impmwl@ajg.com Grand Rapids,MI 4D512 N MINIM MOSONa Nue! meuRIMA: Travelers Pmperry CesuaBy Company of America ROVING NBww s: Pump Out USA,Inc INSURER c: 1150 State Higfway 83 North INSURER G: DelurNk SPdrtll,FL 33433 rxeslrws: aruNw F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTYATHSTANOINO ANY REOUREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, MO It AND CONDITIONS OF SUCH POLICIES LENTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I111 MIOf SUIT NcY AVOLamw POLICY MINFBI �t 'I 1 E UNITS CmtlIH:ML OBbML LIAIMTY EACH ICINusMme I Ioccua aD WNS TO MOCCURRO.o PREMISES(Es o n noN MEO DIP May au meal PEAWwWADVwamY 00.1 AGGREGATE ^LIMIT APPLIES PER; OO ML GOREWTE MOOT PIM ' ILOC PRODUCTS-COWLPAGO °WEIL S - -ALWMAMN.u1U1Y I.IMMIEaO NGLE LIMB _ANY AUTO If $ AU OS AUTON BOCAYMIVmIP.tccM.person S au _MUDS I:W GOOEY IIWRYpL male* S _HEED AUTOS NOMOYMN BY IFS S issno weREwL S L11R 13AT{ S viceuuM �ww6emaE WAIVER W YES_ O.aorcumawE S AGGREGATE S 0EOI megrims S N NA,IoNImME Pry AS BWIOYMm'UAEUJTY YIN NIWROPNETGRPARTHEINENEG ON R1 BwwC m Des n NIA EL EACH A6MFM S (N.MM}Y In MB EL,O A E-EAEMPLOYEE S p.Ea.wide, TIE RIPTDNOFOPERATO S W.bn a MAW-FOLLY LMT E A Marine General Liability X ZOL-14T73778 12/1812014 12/18/2015 1.000.000/2.00D000 MSCMFllOY OF OPERATIONS I LOCATMWI Man IACAP RN,MkMAW Renu.e etlMtl.,maybe.Lbtlwd V morn.pan.M rewind, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRATDN DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY BOARD OF COMMISSIONERS ACCORDANCE WITHTME PULPY PROVIBNWS. 1100 SIMORTEN STREET KEY WEST FL 33040 Aurxomeou MD Ia.�/ AK 01S88-2014AC0. TION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD100 •ACORO CERTIFICATE OF LIABILITY INSURANCE DATEIMWDOWYY^ mn92014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Acentria, Inc. NAME. -- _ PHONE 239-939-W10 _- - — Fort Colonial Blvd.#100 ADD No Fm _ jrc,No,239-939-7172 Fort Myers FL 33966 nucncss,certificates@timshaw.com INSURERIS)AFFORDING COVERAGE NAICR INSURER A:AmTrust North America INSURED PUMPOUT-01 P INSURER e: Pump Out USA 1150 Hwy 83North DIauasnc: De Funiak Springs FL 32433 INSURER D: _ INSURER E- INSURERF: - -- - _ COVERAGES CERTIFICATE NUMBER:1924389503 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIMS. INER' - - - — ADDLSUBRI - '-- LW, TYPE OF INSURANCE INSS END' POLICY NUMBER IMWppYYVYI IMWDCDWYXYPYL LIMITS CCMMFRCNL GENERAL LIABILITY EACH OCCURRENCE DAI,E TO REM i ED ($ IM r .LUIMSMADE OCCUR. i PREMISES Ea nnce $ - ' MED EXP(Any OM Mum/ $ _ F - - PERSONAL 8ADV INJURY 'IS GEN L AGGREG_ATE LIMIT APPLIES PER'. I-GENERAL AGGREGATE $ PaPOLICY �,Pi° me I .-- PRODUCTS-COMP/OP AGGiS. OIHER AU'TOMOaiLetAsttIT- S. — (Eaa6v COMBINED LIMI S ANY AUTO BODILY INJURY{Per perm) $ ALL OWNEDr -.AUTOS SCHEDULED + ...- AUTOS I ._AUTOS Iifik BODILY INJURY Per s4yn) S HIRED AUTOS NON-OWNED _� PROPERTY DAMAGE $ - ��AUTOS Per/adann $ UMBRELLA LIAR I BT I EACH OCCURRENCE 1s E%CES9 L4B {'CLAIMS-MADE DATF _� AGGREGATE S Ds0 RETENTIONS _.._ 4 A IWORKERS coMPEMTENTI W W �— s _ Y WLNC3108a4T '10/12/2014 10/12/201E • ER NH. AND EMPLOYERS'WBILITY LIN ,Y` ISTATUTE N I ANY PRGPRIETORNARTNENE%EOUTIVE - OFFICFRAIENRERE%CLVOEO± Y N/A E L.EACH ACCIDENT S1,000,000 II arM� en xNl EL.DISEASE-E4 EMPLOYE B$I,000,p1X1 Xye OFO • I OE$CRIPTION OF WERATIONS delve , EL DISEASE-POLICY WAIT 31.000,000 • DESCRIPTION OF LOCATIONSOPONS I I VEHICLES SACORO ID1.Addtianal Remmat.Schedule,may he eaM a acd 11 more apses required) Owners/Officers Excluded from Workers Compensation Benefits:Vernie Brown THE WORKERS COMPENSATION INCLUDES A WAIVER OF SUBROGATION, FORM(VVC000313) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIDATE EREOF, MONROE COUNTY BOARD OF COMMISSIONERS ACCORDANCEION WITH THE POLICY PROVISONSE WILL BE DELIVERED IN 1100 SIMONTEN STREET KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD f •h DEP AGREEMENT NO.90901 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT PURSUANT TO LINE ITEM 1582 OF THE FYI5-16 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department")and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 2798 Oversees Highway, Suite 420,Marathon, Florida 33050 (hereinafter referred to as"Grantee'),a local government,to provide financial assistance for the Monroe County Mobile Vessel Pumpout Service. Collectively,the Department and the Grantee shall be referred to as"Parties"or individually as a "Parry". In consideration of the mutual benefits to be derived herefrom,the Department and the Grantee do hereby agree as follows: 1• TERMS OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement,Attachment A, Scope of Services and Condition, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement,the terms "Grantee"and"Recipient"are used interchangeably. 2. PERIOD OF AGREEMENT: This Agreement shall begin November 1,2015, by both parties and shall remain in effect until June 30, 2016, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after November 1, 2015, through the expiration dale of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the teens of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of 5100,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of die Grantee B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement Changes to approved budget categories within a single deliverable that are less than 10%of the total approved deliverable budget amount will require a formal Change Order to the Agreement. Changes that are 10%or greater of the total approved deliverable budget amount,or changes that transfer funds from one deliverable to another deliverable,or changes that increase or decrease the project's total funding amount will require a foetal Amendment to the Agreement. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws,rules and regulations applicable to expenditures of State funds,including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: lettoJ/www.myfloridacfo.com/ead'a/reference guide/ All invoices for DEP Agreement No.S0901 Page 1 of 10 amounts due tinder this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty(60)calendar days following the completion date of the Agreement,to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement,and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supponug documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Fonn shall be accompanied by supporting documentation and other requirements as follows for each deliverable: contractual (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required 0om the Grantee. Subcontracts which Involve payments for direct salaries shall clearly identify the personnel involved, saltily rote per hour, and hours spent on the prgject. All multipliers used(i.e., fringe benefits,overhead, indirect, and/or general and administrative rates) shall be supported by audit If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty(30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed-price (vendor)subcontracts,the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors In performing the work described in Attachment A. Invoices submitted to the Department 0r fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(i.e.,Invitation to Bid or Request for Proposals)resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance,the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount,due Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pumuoat to State and Federal guidelines (including cost allocation guidelines),as appropriate. This information, when requested, must be provided within thirty(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). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at iffifrf/www.mvfloridaefo.com/aadifireferenCejouidel. DEP Agreement No.S0901 Page 2 of I0 F. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees aro prohibited from committing funds on either a program-by- program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipienfs, accounting system caimot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund,either in wholeor in part,of the funds provided to the Grantee under this Agreement for non-compliance with the material tepos of this Agreement. The Grantee, upon such mitten notification from the Department shall refund,and shall forthwith pay to the Department,the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing ram used by the Stale Board of Administration. Interest shall be calculated from the dates)the original paymcmt(s) are received from the Department by the Grantee to the dale repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to the date repayment is made to the Department by the Grantee. Q ANNUAL APPROPRIATION: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of (inure appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 5. REPORTS: A. The Grantee shall utilize Attachment D,Progress Report Form,to describe the work performed during the reporting period, problems encountered, problem resolution schedule updates and proposed work for the next reporting period. Quarterly repots shall be submitted to the Department's Grant Manager no later than twenty(20)calendar days following the completion of the quarterly reporting period. II is hereby understood tun agreed by the parties that the term "quarterly"shall reflect the quarters as follows:November I—January 31,February I —April 30, May I —July 31,and August 1 —October 31. The Department's Grant Manager shall have thirty (30)calendar days to review the required reports and deliverables submitted by the Grantee. B. As slated in die letter dated July 17, 2015, from the Office of die Governor, the Grantee will identify the return on investment for this project and provide quarterly updates to the Governor's Office of Policy and Budget. 6. RETAJNAGE' Retainage is not required under this Agreement. DEP Agreement Nu.S0901 Page 3 of 10 7, INDEMNIFICATION: 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. Further,nothing herein shall be constnred as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 8. DEFAULT/TERMINATION/FORCE MAJEURE; A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for finding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to Nlfdl any of its obligations wafer this Agreement. Prior to termination,the Department shall provide thirty(30) calendar days written notice of its intent to terminate and shell provide the Grantee an opportunity to consult with the Department regarding the reason(s)for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day's written notice. If the Depadment terminates the Agreement for convenience, the Department shall notify the.Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed,the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. Records made or received In conjunction with this Agreement are public records.This Agreement may be unilaterally canceled by the Department for unlawful 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 and subject to disclosure under Chapter 119, Florida Statutes (F.S.),and Section 24(a),Ankle I,Florida Constitution. D. Ha force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay,the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused,or will be caused by a force majeure, the Department may, at its discretion,extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confinned by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee,and any other cause,whether of the kind specifically enumerated herein or otherwise,that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event. 9. REMEDIES/FINANCIAL CONSEOUENCES: No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal ofa satisfactory deliverable,at nu additional cost to the Department,within ten(I0)calendar days of being notified of the unsatisfactory deliverable. If satisfactory deliverable is not submitted within DEP Agreement No.S0901 Page 4 of 10 the specified timefraine, the Department may, in its sole discretion,either: I)temtinate this Agreement for failure to perform,or 2)the Department Grant Manager may,by letter specifying the failure of performance wider this Agreement,request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to the Department. All CAPS most be able to be implemented and perforated in no more than sixty (60) calendar days. A. A CAP shall be submitted within ten(10)calendar days of the date of the letter request from the Department. The CAP shall be sent to the Departnent Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted, If the CAP is not accepted, the Grantee shall have ten (10)calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP,the Grantee shall have ten(10) calendar days to commence bnplementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies. by Grantee, the Department shall retain the right to require additional or thither remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement. 10. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books,records and documents directly pertinent to perfomianee under this Agreement In accordance with generally accepted accounting principles consistently applied, The Department,the State.or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for live(5)years following the completion date of the Agreement. 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. 'Due Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that Its subcontracts issued under this Grant,if any, impose this requirement,in writing,on its subcontractors. I I. SPECIAL AUDIT REOUIREMENT$: A. hi addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E,Special Audit Requirements,attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the finding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit I must be provided to the Grantee for each amendment which authorizes a finding increase or decrease. If the Grantee fails to receive a revised copy of DEP Agreement No.S0901 Page 5 of 10 Exhibit I,the Grantee shall notify the Department's Grants Development and Review Manager at (850)245-2361 to request a copy of the updated information. B. The Grantee Is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may bed result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state)identified.in Attachment E,Exhibit I. when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subsecipient or vendor. For state financial assistance, the Grantee shall utilize die fona entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination"(form number DFS-A2-NS) that can be found under the"Links/Forms"section appearing at the fallowing website: hans://aops.fldfs.com/thaa 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. 12. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Depamnenl's Grant Manager.The Grantee shall submit a copy of the executed subcontract to the Department within ten (10)calendar days after execution of the subcontract. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the f dfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any • subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity et(850)487-0915. 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES- A. Pursuant to Section 255.0991,F.S.,for a competitive solicitation for constniction services in which 50 percent or more of the cost will be paid from state-appropriated fonds which have been appropriated at the time of the competitive solicitation, a stale, college, county, municipality, school district, or other political subdivision of the stale may not use a local ordinance or regulation that provides a preference based upon: The contractor's maintaining an office or place of business within a particular local jurisdiction; It. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or ill. The contractor's prior pa)ment of local taxes, assessments,or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the DEP Agreement No.S0901 Page 6 of 10 so/fellation documeni that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 14. LOBBYING PROHIBITION: In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited hom using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, PS., no stale funds, exclusive of salaries, travel expenses,and per diem,appropriated to,or otherwise available for use by,any executive,judicial,or quasi- judicial department shall be used by any stale employee or other person for lobbying purposes. IL COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes,but is not limited to,compliance with all applicable federal,state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery receipt, other mail service delivery receipt,or when receipt is acknowledged by recipient. 17. CONTACTS: The Department's Grant Manager(which may also be referred to as the Department's Project Manager)for this Agreement is identified below: Pamela Grainger Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd.,MS#30 Tallahassee,Florida 32399-3000 Telephone No.: (850)245-2846 Fax No.: (850)245-2159 E-mail Address: Pamela.Gralnaenadegatate.fl,q The Grantee's Grant Manager for this Agreement is identified below: Celia Hltchins Monroe County Board of County Commission:rs 2798 Oversees Highway,Suite 420 Marathon,Florida 33050 Telephone No.: (305)289-2580 Fax No.: (305)289-2536 E-mail Address: Jitchins-cella(eam00roecglmty-n.ggv 18. INSURANCE: To the extent required by law,the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the DEP Agreement No. 50901 Page 7 of 10 work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers'Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers'Compensation law. In case any class of employees engaged in hazardous work tinder 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 its employees not otherwise protected. The Grantee warrants and represents that it is self-Nnded Ibr 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. 19. CONFLICT OF INTEREST: The Grantee covenants that it presently has n0 interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. EQUIPMENT: Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 21. CHANGE ORDERS: The Department may at any time, by written Change Order, make any change in the Grant Manager information, task timelines within the current authorized Agreement period,or make changes that are less - - than 10%of the total approved deliverable budget(per Paragraph 3). 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 Agreement amount,expiration date of the Agreement, or deliverable costs that are equal to or greater than 10%of the total approved deliverable budget(per Paragraph 3), shall require formal Amendment to this Agreement. 22. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 23. DISCRIMINATION: A. Na person,on the grounds of race,creed,color,religion,national origin,age,gender,or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section 287.134.F.S., may not submit a bid on a contract to provide goods ur services to a public entity, may not submit a bid on a contract with a public entity for the consmtation 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 perfomi work as a contractor,supplier, subcontractor,or consultant under contract with any public entity,and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services,Office of Supplier Diversity,at(850)487.0913. DEP Agreement No.S0901 Page 8 of 10 24. LAND ACQUISITION: Land acquisition isnot authorized under the teams of this Agreement 25. PHYSICAL ACCESS AND INSPECTION: As applicable, Department personnel shall be given access to and may observe and inspect work being performed tinder this Agreement,including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in two or more counterparts,each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed)with the saint force and effect as if such facsimile or".pdf' signature page were an original thereof. 27, SEVERABIIJTY CLAUSE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County,Florida. 28, 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.S0901 Page 9 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,the day and year last written below. MONROE COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: Mayor Director,Office of the Secretary(or designee) Date: Date: Lim a Grainger.DEP G ant Manager (SEAL) ATTEST:AMY HEAVILIN,CLERK By: Deputy Clerk DEP Administrator Approved as to Fonn and Legal Sufficiency Approved (as to Cann and legality: By: Peter H.Monis,Assistant County Attorney DEP Attorney HID No.:59-6000749 For Agreements with governmental boards/commissions: If someone other tun the Chaimmn signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement, List of attachmenta/exhibits included as part of this Agreement: Specify Letter/ Type Number Description(include number of pages) Attachment Q Scope of Services and Conditions(4 Pages) Attachment o Payment Request Summary Form(2 Pages) Attachment C Contract Payment Reouireme is(I Page) Attachmer0 D Progress Report Fonn(I Page) Attachment Fi Special Audit Reouiretnents15 Pages) DEP Agreement No. S0901 Page 10 of 10 ATTACHMENT A Scope of Services and Conditions Monroe County Mobile Vessel Pumpoul Service PROJECT DESCRIPTION This is a cost reimbursement Agreement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis,in an amount not to exceed S100,000.00 for satisfactory completion of the project outlined herein,to be paid in quarterly payments,and the Grantee agrees to undertake the project as described and submitted in the work plan provided below.The project funded under this Agreement is located throughout unincorporated Monroe County within the Florida Keys. A return on the State's investment is anticipated to be provided through: I)an increased number of pumpouts in the next year further reducing the potential discharge of untreated sewage into the Florida Keys' waters resulting in improved water quality,and 2)increased awareness of No Discharge Zone regulations and the availability and use of the Keys-wide pumpout service conveniently provided to anchored-out vessels.The Grantee's mobile vessel pumpout service,currently free to boaters in the Florida Keys, is helping to ensure compliance with the regulations of the No Discharge Zone and is critical in assuring that water quality in the Florida Keys remains high. The$100,000 in finding assistance from the State will help ensure that the vessel pumpout program is sufficiently funded for the next year, thus helping to improve and preserve water quality which is vital to the economy and marine ecosystems unite Florida Keys. The Grantee will contract with a Contractor to provide mobile vessel pumpout service to vessels located throughout unincorporated areas of Monroe County within the Florida Keys. The pumpout service will meet certain objectives as directed and established by the Monroe County Board of County Commissioners that are consistent with the reduction or elimination of environmental Impacts associated with the illegal discharge of sewage from vessels,and to further enable compliance with regulations of the federal No Discharge Zone established by the U.S,Environmental Protection Agency and discharge regulations established by the Florida Keys National Marine Sanctuary. The Grantee's Contractor will provide all personnel,equipment and vessels necessary to perform the work under this Agreement based on a 5 day work week with operation hours of 9 am.to 5 p.m,All personnel engaged in performing services under this Agreement shall be fully qualified,and if required,be authorized or permitted under State and local law to perform such services. Five(5)Pumpout Vessel Captains,one(I) Maintenance Captain and a Project Manager that has extensive experience and training in the pumpout industry will be provided by the Contractor. The Maintenance Captain's duties will include performing repair and maintenance on pumpout vessels,pumpout vessel operational training,and act as an additional Pumpout Vessel Captain as needed. The Maintenance Captain will not perform administrative duties. The Project Manager's primary duties will include: overall administration of the program, public relations, financial management, staff management, coordination of maintenance and repairs, pumpout scheduling,overseeing the registration process,interfacing with related non-profit programs,governmental entities, and commercial interests, and be the point of contact for the Florida Fish and Wildlife Conservation Commission(FWC)concerning"Proof of Pumpout"of vessels located in Managed Anchoring Zones(as described in the Monroe County anchoring ordinance). Four(4)pumpout vessels will be provided and properly maintained to ensure suitable service. An additional three(3) vesseis will be provided as backup in the event a vessel is taken out of service for maintenance.The pumpout service will be provided at no charge for up to one (I) pumpout per week to all anchored recreational vessels in the unincorporated waters of Monroe County within the Florida Keys. Service may also be provided to vessels at marinas, with priority given to marinas without pumpout facilities.The first priority of each pumpout vessel will be servicing anchored vessels located in established Managed Anchoring Zones as identified in the Monroe County Anchoring Ordinance.There are an estimated three hundred(300)vessels in the Managed Anchorage areas. Each pumpout vessel will be equipped with a monitoring device that will indicate the location of the pumpout vessel, pumpout vessel activity, locations of pumpout customers and duration of pumping time. Such equipment of monitoring device(s)shall at all times comply with Florida Statute i 934.425(2015).A subscription data software DEP Agreement No.S0901,Attachment A,Page I of 4 service will be used for the monitoring device and for logging pumpout vessel activity throughout the period of this Agreement. The monitoring data will be accessible by the Department and the Grantee. Pumpout Vessel Captains will provide registration assistance to recreational vessel owners/opeolors as needed.In coordination with Grantee staff and FWC staff,the Grantee's Contractor will Identity to the FWC any anchored vessels that are not participating in the pumpout program or requesting pumpouts. Each Pumpout Vessel Captain will give special attention to vessels in Managed Anchoring Zones and will communicate daily to the Project Manager or Maintenance Captain for FWC reporting. Recreational vessel owners/operators will be encouraged by the Grantee and its Contractor to register for routine pumpout service, which will assist in streamlining the service through the utilization of'identification decals' indicating participation in the pumpout program and orange flags to be flown when in need of a pumpout.For areas that are less conducive for the orange flag procedure,duo to widely spaced vessels,the Pumpout Vessel Captains will make prior arrangements on specific pumpout schedules. Registration forms for participation in the program will be made available by the Pumpout Vessel Captains who actively seek out new vessels as part of their regular operations and online through the wehsite maintained by the Grantee's Contractor. Additionally, registration forms will be made available at the Monroe County Marine Resources Office,various marinas,and can be requested by phone.Registration to participate in the program is free for recreational vessels operating within the service area. The participant(customer)submits his/her registration information,which will be entered into the Contractor's database and added to the service schedule for the pumpoa vessel operating in the applicable area. Upon the first visit by the Pumpout Vessel Captain,he/she will affix the identification decal to the bow of the vessel(adjacent to the state vessel registration decal location),attach the orange • service flag to the bow rail and explain the general and service area specific procedures to the recreational vessel operator. For recreational vessel owners/operators that are unable to register online but need service, Pumpout Vessel Captains will assist as needed so all anchored vessels may receive service.When the vessel is being pumped out for the first time,and during the fat pumpout of every month thereafter,the monthly endorsement sticker will be placed on the identification decal by the Pumpout Vessel Captain(indicating proof of pumpout for that month). The Grantee's Contractor will maintain a website through which boaters ran register for services. Registration packets and educational materials will be distributed throughout the Florida Keys Informing boaters of the effects of sewage in the water and how they can obtain pumpout service. All educational materials will be submitted to the Grantee and the Department for approval prior to publishing. A service schedule for each pumpout vessel placed in service will be made available on the website. The registration forms provided on the website will request the mooring location of the vessel(latitude/longitude),registration number and state,country of origin,size and type of the vessel,identifying characteristics of the vessel, information on the vessel's pumpout system,the name of the vessel,and a point of contact for the vessel. The registration form must be signed by the recreational vessel owner/operator and/or captain and allows the Pumpout Vessel Captain permission to pump out the participating vessel and board the vessel (however, boarding vessels should only be performed as necessary). Vessel operators refusing to sign the liability waiver associated with the registration will not receive service. The Department will not be held responsible for any damages to recreational vessels participating in the Grantee's pumpout project. Vessel waste will be offlonded and properly disposed of utilizing fixed nutmeat stations located throughout the Florida Keys,and when necessary hauled out by licensed waste haulers or will be transported by a sub-contractor by mobile sewage tank for disposal. CONDITIONS OF THE PROJECT AGREEMENT Project Reimbursement The Department's Grant Manager will review and provide written approval of all deliverables identified in this Attachment.Upon receipt of the written approval,the Grantee may submit separate Payment Requests using Attachment B, Payment Request Smarmy Form. Payment requests may be submitted no more frequently than every three months and must be accompanied by copies ofpaid invoices relating to the Scope DEP Agreement No.S0901,Attachment A,Page 2 of 4 of Services. Upon review and approval of the required deliverables,the Payment Request Summary Form and required documents,the Department will process the request for reimbursement The authorized payment request amounts will be based on costs reimbursable for authorized mobile pumpout services performed under this Agreement. The Grantee's Contractor mustsubmit a deliverable to the Grantee for each service completed.A listing of invoices from the Grantee's Contractor for services perfonned and proof of payment must also be included for each reimbursement. 2. Accounting records and invoicing will be managed by the Grantee and their Contractor. Project Requirements 1, The Grantee shall obtain all required permits and approvals prior to commencement of the project. 2. Pumpout facilities will be designed and operated in accordance with state and local health regulations. Any major violation of health,environmental,safety or traffic rules or regulations will subject this Agreement to review and/or possible temrinatlon. 3. Each pumpout facility or dump station funded under this Agreement shall be open and available to the recreational boating public. Each pumpout vessel shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the full term of this Agreement period as set forth in Paragraph 2 of this Agreement. 4. The Grantee will conduct operations of the pumpout facility or pumped vessel in accordance with the Scope of Services, which shall serve as the pumpout station operational plan. Pumpout vessels under this Agreement are to be used solely for the collection of recreational boat sewage. 5. The pumpout facility/Pumpout Vessel Captains shall maintain a daily pumpout log to be submitted to the - Grantee with each Contractor invoice through the end of this Agreement. The log shall document use of the equipment by number of pumpout service events,approximate galionspumped,number of out ofstate vessels pumped and maintenance,labor,or other operational costs incurred. 6. The Grantee, through its Contractor, shall provide marine sanitation and pumpout information for recreational vessel owners/operators. These services may be provided through such methods as educational materials, on-site instruction or audio-visual methods by the Sub-contractor, equipment vendors, harbormaster or local government personnel. The Grantee's Contractor shall provide program training for Pumpout Vessel Captains. TASKS DELIVERABLES The following is a schedule of tasks/deliverables and budget detail for the completion of the tasks required to complete this agreement. Any costs incurred before the effective date of this Agreement,as described in paragraph 2 of this Agreement,are not reimbursable. Task 1. Operations of Pumpout Services: The Grantee's Contractor is responsible for ensuring that the pumpout vessels are operated according to the Project Description and will perform the work as described below. The Grantee's Contractor will submit signed monthly pumpout logs,specific to each pumpout vessel and broken down by service area, indicating:the name of the Pompon Vessel Captain;number ofpumpouts performed,including the number of in state vessels and out of state vessels; volume of sewage pumped out; number of Individual vessels pumped out; and method of disposal,which shall be summarized and submitted as a pumpout report. The Grantee shall keep the monthly pumpout logs as backup in accordance with the retention period set forth in the Agreement Deliverables: To be submitted with each request for reimbursement: • A listing of costs related to the Grantee's Pumpout Program; DEP Agreement No.S0901,Attachment A,Page 3 of 4 • A copy of a pumpout report indicating the number of vessel pompous performed,including number of in-state vessels,out-of-state vessels,and quantity gallons pumped; • A summary of the number of registrations made Mat quarter, • A copy of the paid disposal receipt of sewage of loaded; • A link to the fully functioning registration website and documentation demonstrating proof of set-vice of period of time for which reimbursement is being made; • A link to the SoaSync website with usemame and password,through which vessel pumpout activity records shall demonstrate proof of service for the quarter; • A copy of any Department approved brochures or other educational materials generated and distributed,along with the total print amount for the quarter; • A list of all the repairs and maintenance performed by the Maintenance Captain or third party that quarter;and, • A quarterly status report of project results based on the return on the Slate's investment Performance Standard: The Department's Grant Manager will review the deliverables to confirm that pumpout services and the quarterly reimbursement requests meet the requirements as described in the Scope of Services and Conditions and this task description. Upon review and approval of the required deliverables,the Payment Request Summary Penn and required document%the Department will process the request for reimbursement. Budget: Allowable costs for this task are for contractual services. Deliverables and request for payment may be submitted no more frequently than every 3 months. Note: Payment can be requested upon submission and review and approval ofthe deliverables-identified above. PROJECT TIMELINE AND BUDGET SUMMARY: The tasks must be completed and all deliverables received by the end of each task timeline. '1'#4k( 4'k ''< t li i14 o F ^ ; (tsto rot '�" Yr,Pak 3ruar t ;:. Contractual $100000 November 1 2015 lune 30,2016 "'f'b19Y 4eatligetitiil ;, ?D:i$TeitaMir .. '. . . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.S0901,Attachment A,Page 4 of 4 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Grantee: Grantee's Groat Manager: Mailing Address: Payment Request No.: DEP Agreement No.:S0901 - ----- Date Of Request: Performance Period: Task/Deliverable Amount Task/Deliverable Requested:$ - No.: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period] AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE PAYMENT MATCHING REQUESTS FUNDS Salaries N/A N/A N/A N/A Fringe Benefits N/A N/A NIA N/A Travel(if authorized) N/A N/A N/A WA Subcontracting: N/A N/A Contractual $ $ N/A N/A Equipment Purchases N/A N/A N/A N/A Supplies/Other Expenses N/A N/A N/A N/A Land N/A N/A N/A - N/A Indirect N/A N/A N/A N/A TOTAL AMOUNT $ $ N/A N/A TOTAL TASK/DELIVERABLE S N/A BUDGET AMOUNT Less Total Cumulative Payment S N/A Requests of: TOTAL REMAINING IN TASK $ NIA 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 DEP Agrecmen!No.S0901.Attachment a,Page I at2 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST'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 performance period for the task/deliverable that the inquest is for(this must be within the timeline shown for the task/deliverable In the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST"COLUMN; Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan 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 Grant Work Plan. Enter the column total on the"TOTAL AMOUNT'line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT'line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS Or line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the"TOTAL TASK BUDGET AMOUNT'for the amount to enter on the"TOTAL REMAINING IN TASK"line. "TOTAL-CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; Nst through the final request(this amount cannot exceed the approved budget amount for that budget categoy for the task you ore reporting on). Enter the column total on the"TOTALS"line. Do not enter anything In the shaded areas. "MATCHING FUNDS"COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTS Or line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the"TOTAL TASK BUDGET AMOUNT'for the amount to enter on the"TOTAL REMAINING IN TASK"line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category For the task. Put the total of all on the line titled"TOTALS." The final report should show the total of all claims,first claim through the final claim,etc. Do not enter anything In the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as Identified he the grant _asreentent and the Grantee's Fiscal Agent. NOTES: It claiming reimbursement for travel, you must Include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services,Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for rehnbursement. DEP Agreement No.S0901,Attachment A,Page 2 oC2 • ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services,Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid, Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dares of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (I) Salaries: A payroll register or similar documentation shank' be submitted. The payroll register should show gross salary charges, fringe benefit;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. (2) Fringe Benefits: 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. (3) Travel: 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. (4) Other direct costs: Reimbursement will be made based on paid invoices receipts. Ifnonexpendable property is purchased using State funds,the contmet should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017,Florida Administrative Code,regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273,02,Florida Statutes,for subsequent transfer to the State. (5) ha-house charges: 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. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative docmnentatior to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services,online Reference Guide for State Expenditures ran be found at this web address: hllod/www.fldfs.condaadir/reference guide.hmt DEP Agreement No.50901,Attachment C,Page I of I ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: 50901 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Identify below,and attach copies of,any relevant work products being submitted for the project for this reporting period (e.g.,copies of permits,photographs,etc.) This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0901 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No.S0901,Attachment p,Page I of 1 ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the"Department", "DEP", "FDEP"or"Grantor", or other name in the contract/agreement)to the recipient(which may be referred to as the"Contractor, Grantee"or other name in the contract/agreement)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133,as revised.EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement In determining the Federal awards expended in its fiscal year,the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,as revised.An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,will meet the requirements of this pan. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in SubpartC 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-133, as revised,is not required. In the event that the recipient expends less than$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB CircularA-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 Agreement No.S0901,Attachment E,Page 1 of 5 PART II STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 2I5.97(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 $500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Pad D,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 defined by Section 215.97(2), Florida Statutes, and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the event that the recipient expends less than$500,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at https:I/apns.fidfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hen://www.leLstte.fl.us/Welcome/mdex.cfm, State of Florida's website at http://www.mvflorida.cmp/, Department of Financial Services' Website at httvi/www.fldfs.com/and the Auditor General's Website at http://www,state.fl.us/audgen. PART III.OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(Le, the audit is not required by Federal or Slate laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, Slate agencies may conduct or arrange for audits ofSlatefiinancial assistance that are in addition to audits conducted in accordance with Section 215.97,Florida Statutes. 1n such an event, the Stare 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 Agreement No.S0901,Attachment E,Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudit@deo.state.B.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised(the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or alter January I, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at btto://harvester.census.gov/fad 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 Envhnnmental Prolecton at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard 'Tallahassee,Florida 32399-3000 Electronically: FDEPSinPleAuditCaldep.stgte,ff,us 3. Copies of financial reporting packages required by PART II oftliis Attachment shall be submitted by or on behalf ofthe recipient directly to each of the following: - .--- -- A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleAudi4 dep.state.fl.us DEP Agreement No, S0901,Attachment E,Page 3 of 5 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 1I 1 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART ill of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General.MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: PDEPSinaleAudit®deosWe.E u4 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 can 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 fora 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 Agreement No.S0901,Attachment E,Page 4 of 5 { ! ii� $ ri ! \f( ! k m !10 ;t � . / )# # }}) / r k / ! § 28 | , . k .e } y t F ( 'k �{k ` k ) §. ki 's I' p» ! } _ § aA !;# co , b. }/ 05\ 1A1 t Lc§ )} } /! )( )/ | < ! « / ! | E § ! ! Er / 7n ,)/ e a. , ! I.- /• u� 0 !} / |! k £ ! ° C ! {\ ) \ § ƒ k ! ' . ! © ! . ) { f t7 | , ) } { i k f. \ j \2 § \ < | 22 $! } ! ) / 7 \ ; ) O . ii \! ) - E a ! ! z ! �z ! ! $ !k / a. le DEP Agreement No: MV174 For CVAIS-754 PROJECT AGREEMENT FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 2798 Overseas Highway, Suite 420, Marathon, Florida 33050 (hereinafter referred to as the"Grantee"), a local government,to conduct Clean Vessel Act Grant;CVA 15-754,Monroe County Board of County Commissioners,approved under the Clean Vessel Act Grant Program(CFDA 15.616). WHEREAS,the Department is the recipient of federal financial assistance from the Department of Interior, U.S.Fish and Wildlife Service through Grant Agreement No. F14AP00978;and, WHEREAS,as a result of this Agreement,the Grantee has been determined to be a subrecipient of federal financial assistance from the U.S. Fish and Wildlife Service. NOW,THEREFORE, in consideration of the promises and the mutual benefits to be derived herefrom,the Department and the Grantee do hereby agree as follows: I. _ The Agreement shall be performed in accordance with Public Law 102-587, Subtitle F, the Clean Vessel Act of 1992,and the Federal Clean Vessel Act Grant Program Guidelines(50 CFR Pans 80 and 85),which are hereby incorporated by reference as if fully set forth herein. 2. The Grantee agrees to conduct the project known as the Clean Vessel Act Grant; CVA 15-754, Monroe County Board of County Commissioners, in accordance with the terms and conditions set forth in this Agreement, the Scope of Work and Conditions, provided as Attachment "A," and all exhibits and attachments referenced herein and made a part hereof. 3. By executing this Agreement,the Department certifies that a site visit has been conducted by Department personnel to verify and document that the project activities and location of the work described in Attachment "A" meet the categorical exclusion criteria under the National Environmental Policy Act (NEPA) and that activities conducted as a result of this Agreement will have no impact on any species listed in the NEPA criteria. The Department will maintain the site visit documentation in its files in Tallahassee in accordance with the conditions of the Department's source grant agreement with the U.S. Fish and Wildlife Service. 4. This Agreement shall begin upon execution by both parties and remain in effect until October 31,2016, -inclusive. The Grantee shall be eligible for reimbursement for work performed on or after November I, 2015, through the expiration date of this Agreement. This Agreement may be amended to provide additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Florida Legislature. 5. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$250,000.00 towards the Total Project Cost as described in Attachment"A," Scope of Work and Conditions. This Agreement may be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Florida Legislature. DEP Agreement No.MV I74,Page 1 of 10 B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal, and approval of deliverables identified in Attachment "A," in accordance with the schedule therein. Costs directly associated with the proper collection and disposal of sewage from recreational boaters for removal and disposal by sewage haulers will be reimbursed at the rate approved by the Department as identified in Attachment"A" i, Reimbursement shall be requested utilizing Attachment "B," Grant Payment/Match Request Form. In conjunction with Attachment B,an itemized listing(by deliverable)of all expenditures claimed (including the dates of service)shall be submitted. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. ii. The Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with Attachment "C," Contract Payment Requirements,the Grantee shall comply with the minimum requirements set forth therein. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. iii. The Grantee shall submit a final invoice to the Department no later than November 14, 2016,to assure the availability of funds for final payment. Each payment request submitted shall document all matching funds and/or match efforts (i.e. in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. Upon approval and payment of the final invoice,any remaining funds will be unencumbered. C. For the purchase of goods or services costing more than $2,500 and less than $100,000 the Grantee shall obtain at least two written quotes. The quotes must be submitted to the Department for review and approval of the quote amount prior to the purchase of goods or services within those cost ranges. Written quotes shall be for items that are alike in function, operation and puq ose. An explanation must be provided whenever the Grantee proposes the use of a vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the anticipated Project costs. The Department shall make no such reimbursement from grant funds until this documentation has been provided and approved. Any purchase over $100,000 shall comply with the procurement requirements described in 43 CFR 12.76. D. The parties hereto understand and agree that this Agreement requires match in the form of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25%of the total amount actually expended on the Project. All match shall meet the federal requirements established in 43 CFR, Part 12 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230)and A-21 (2 CFR 220). E. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers(overhead, indirect, general administrative costs, and fringe benefits) if applicable. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures, at pttoJ/www.fldfs.com/aadir/reference%5F2uid6, 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.Rpo.➢ov/nara/efr/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-I10 (2 CFR 215) at hrto://www.whitehouse.gov/omb/circulars/index.htmIttnumerical. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DFP Agreement No.MV 174.Page 2 of 10 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. Organization Type Applicable Cost Principles State,local or Indian tribal government. OMB Circular A-87(2 CFR 225) Private non-profit organization other than OMB Circular A-122(2 CFR 230) (I)an 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-2I (2 CFR 220) For-profit organization including an 48 CFR Part 31,Contract Cost Principles and organization named in OMB A-122 as not Procedures,or uniform cost accounting standards subject to that 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 G. Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was$10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA"). These guidelines are listed in 40 CFR 247. H. i. The Grantee's accounting systems must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient,shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part,of the funds provided to the Grantee tinder this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund,and shall forthwith pay to the Department,the amount of money so demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s)the payment(s)are recovered by the Grantee to the date repayment is made to the Department by the Grantee. DEP Agreement No.MVI14.Page 3 or 10 I. The federal funds awarded under this Agreement must comply with The Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASnendine.gov. Grant Recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary,over the life of this Agreement, for the Department to comply with this requirement. 6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 7. A. The Grantee shall submit progress reports, on the form provided as Attachment D, Progress Report Form, on a quarterly basis until the Agreement completion dale identified in paragraph 4.A. Progress reports shall describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. It is hereby understood and agreed by the parties that the term"quarterly"shall reflect the calendar quarters as follows Nov I -Jan 31, Feb I -Apr 30,May I -July 31,and Aug I -Oct 31. Reports shall be submitted to the Department's Grant Manager no later than fifteen(15)days following the completion of the quarterly reporting period.The Department's Grant Manager shall have thirty(30)calendar days to review deliverables submitted by the Grantee. 8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 9. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days' written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. R. The Department may terminate this Agreement for convenience by providing the Grantee with thirty(30)calendar days'written notice. C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(I)(a),Florida Statutes. D. This Agreement may be terminated by the Department if written confirmation is received from the Grantee that the pumpout vessel or the pumpout equipment has been destroyed by an act of God. 10. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable,at no additional cost to the Department, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: I) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under this Agreement,request that a proposed Corrective Action Plan(CAP)be submitted by DEP Agreement No.MV 174.Page 4 of 10 the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty(60)days. A. A CAP shall be submitted within ten (10)calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP,the Grantee shall have ten(10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee,the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above,as permitted by the Agreement. I. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes,rules or regulations,applicable to this Agreement,the Department may take one or more of the following actions. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow(that is,deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. The costs result from obligations which were properly incurred by the Grantee before the effective date of suspension or termination,are not in anticipation of it,and in the case of termination,are noncancellable. DIP Agreement No MV I74.Page 5 of 10 ii. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 12. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5)years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit, is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five(5) years following final disposition. 13. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment "E" (Special Audit Requirements), attached hereto and made a part hereof. Exhibit I to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at(850)245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit I when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that ofa subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the"Links/Forms"section appearing at the following website: https://aoos.fldfs.com/fsaa The Grantee should confer with its chief financial officer,audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 14. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee shall submit a copy of the executed subcontract to the Department within ten(10)days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. II 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. DEP Agreement No.M V I74,Page 6 of 10 B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. C. The Grantee agrees to follow the affirmative steps identified in 43 C.F.R. 12 for its selection of subcontractors and retain records documenting compliance. D. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third parry without the mutual written agreement of the parties hereto. E. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of the Department. 15. A. The Grantee certifies that no Federal appropriated funds have been paid, or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification,of any Federal contract,grant, loan,or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Attachment F, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), in accordance with the instructions. C. The Grantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients certify accordingly. D. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. E. In accordance with Section 216.347, Florida Statutes,the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 16. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal,state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 17. Any notices between the parties shall be considered delivered when posted by Certified Mail,return receipt requested,or delivered in person to the Grant Managers at the addresses below. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.MV 174.Page 7 of 10 18. The Department's Grant Manager(which may also be referred to as the Department's Project Manager)for this Agreement is identified below. Pamela Grainger Florida Department of Environmental Protection Office of Sustainable Initiatives 3900 Commonwealth Boulevard, MS430 Tallahassee,Florida 32399-3000 Telephone No.: (850)245-2846 Fax No.: (850)245-2159 E-mail Address: jatoela.Graing g dep.state.fl.us 19. The Grantee's Grant Manager(which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. Celia Hitchins Monroe County Board of County Commissioners 2798 Overseas Highway,Suite 420 Marathon,Florida 33050 Telephone No.: (305)289-2580 Fax No.: (305)289-2536 E-mail Address: Hitchins-celiar@monroecounty-fl.gov 20. To the extent required by law, the Grantee will be self-insured against,or will secure and maintain during the life of this Agreement, Workers'Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers'Compensation Insurance for all of its employees in connection with the work of this project unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers'Compensation statutes, the Grantee shall provide,and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 21. The Grantee warrants and represents that it is self-funded for liability insurance,appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees,servants and agents while acting within the scope of their employment with the Grantee. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 23. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and -- Conditions of this Agreement. 24. A. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement(e.g.,specifications,task timelines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership,shall require formal amendment to this Agreement, and will not be eligible for processing through the change order procedures described above. R. In the event of a change in the Grant Manager for either the Grantee or for the Department, such party will notify the other party in writing of the change within thirty (30) days after the change DEP Agreement No.MV 174.Page 8 of 10 becomes effective. The notice for a change in the Grantee's Grant Manager shall be sent from the Grantee's representative authorized to execute agreements to the Department's Grant Manager. The Department's Grant Manager will transmit a copy of such change to the Department's Procurement Office and the Contract Disbursement Office for inclusion in the Agreement file. 25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in be denied the proceeds or benefits of;or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services,Office of Supplier Diversity,at(850)487-0915. 26. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400), the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in, this transaction by any Federal Department or agency;and,that the Grantee shall not knowingly enter into any lower tier contract,or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the U.S. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 27. The U.S. Fish and Wildlife Service and the Department, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract tinder a grant or subgrant. B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant support. 28. Land acquisition is not authorized tinder the terms of this Agreement. 29. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment"G,"Contract Provisions, attached hereto and made a pan hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment"H",Regulations,attached hereto and made a part hereof,shall apply to this Agreement. 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced DEP Agreement No.MV RJ,Page 9 of 10 to writing,duly signed by each of the parties hereto,and attached to the original of this Agreement, unless otherwise provided herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION By: By: Mayor Director,Office of the Secretary(or designee) Date: Date: (SEAL) Pamela Grainger, DEP Grant Manager ATTEST: AMY HEAVILIN,CLERK _ `/n� By: I art ' f Deputy Clerk DEP Grants Administrator Monroe County Attorney Approved as to Form and Legal Sufficiency: Approved as to form and legality: 'N By: ih/l Peter H.Morris,Assistant County Attorney DEP Attorney FEID No. 59-6000749 For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify-- Letter/ Type Number Description(include number of pages) Attachment A Scope of Work and Conditions(6 Pages) Attachment B Grant Payment/Match Request Form(I Page) Attachment C Contract Payment Requirements(I Page) Attachment D Progress Report Form(I Page) Attachment E Special Audit Requirements(5 Pages) Attachment F Disclosure of Lobbying Activities(2 Pages) Attachment G Contract Provisions(4 Pages) Attachment H Regulations(I Page) DEP Agreement No.MV 174,Page 10 or 10 ATTACHMENT A Clean Vessel Act Grant Program Monroe County Mobile Vessel Pumpout Service Scope of Services and Conditions PROJECT DESCRIPTION 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 Pan 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Agreement period, including the pumpout repotting period. These conditions cover pumpout equipment, operations, maintenance,signage,and educational/outreach materials purchased with Clean Vessel Act Grant funds. This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department of Environmental Protection(Department)to Monroe County(Grantee). The Department agrees to pay the Grantee,on a cost reimbursement basis,a grant award in an amount not to exceed$250,000.00 for satisfactory completion of the project outlined herein,to be paid in quarterly payments,and the Grantee agrees to undertake the project as described and submitted by the Grantee in the Grant Application,CVA 15-754. The Grantee is providing the minimum 25%non-federal matching funds in the amount of$83,333.33 for a total project cost of$333,333.33. The project funded under this Agreement is located throughout unincorporated Monroe County within the Florida Keys. The Grantee will contract with a contractor to provide mobile vessel pumpout service to vessels located throughout unincorporated areas of Monroe County within the Florida Keys. The pumpout service will be provided to meet certain objectives as directed and established by the Monroe County Board of County Commissioners that are consistent with the reduction or elimination of environmental impacts associated with the illegal discharge of sewage from vessels, and to further enable compliance with regulations of the federal No Discharge Zone established by the U.S. Environmental Protection Agency and discharge regulations established by the Florida Keys National Marine Sanctuary. The Grantee's Contractor will provide the staff,equipment and vessels to perform a target quota of 1,500 pumpouts per month through a separate Agreement between the County and Sub-Contractor (i.e. the County's Contractor), based on a 5 day work week with operation hours of 9am to 5pm. Four(4)pumpout vessels will be provided and properly maintained to ensure suitable service. An additional three (3) vessels will be provided as backup in the event a vessel is taken out of service for maintenance. The pumpout service will be provided at no charge for up to one pumpout per week to all anchored recreational vessels in the unincorporated waters of Monroe County within the Florida Keys. Service may also be provided to vessels at marinas, with priority given to marinas without pumpout facilities. The first priority of each pumpout vessel will be servicing anchored vessels located in established Managed Anchoring Zones as identified in the Monroe County Anchoring Ordinance. There are an estimated three hundred(300)vessels in the Managed Anchorage areas. Each pumpout vessel will be equipped with a monitoring device that will track the vessel,indicating the location of the pumpout vessel, pumpout vessel activity, locations of pumpout customers and duration of pumping time. Such equipment of monitoring device(s)shall at all times comply with Florida Statute§ 934.425(2015). A data software service will be subscribed to for use of the monitoring device, and for logging pumpout vessel activity throughout the period of this Agreement. The monitoring data will be accessible by the Department and the Grantee. Each pumpout vessel will have signage installed complete with the universal pumpout logo and accreditation logos on the hull of each vessel. Monitoring devices,data software service subscription,and signage will be reimbursable items under this Agreement. Pumpout Vessel Captains will provide registration assistance to recreational vessel owners/operators as needed. In coordination with Grantee staff and Florida Fish and Wildlife Conservation Commission (FWC) staff the Sub- contractor will identify to the FWC any anchored vessels that are not participating in the pumpout program or requesting pumpouts. Each Pumpout Vessel Captain will give special attention to vessels in Managed Anchoring Zones and will communicate daily to the Project Manager or Maintenance Captain for FWC reporting. DEP Agreement No. MV 174,Attachment A, Page 1 of 6 The Grantee's Contractor will provide all personnel necessary to perform the work under this Agreement. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, be authorized or permitted under State and local laws to perform such services. Personnel shall not be employees of or have any contractual relationship with the Grantee or the Department. Five(5)Pumpout Vessel Captains, one(I) Maintenance Captain and a Project Manager that has extensive experience and training in the pumpout industry will be provided by the Sub-contractor. The Maintenance Captain's duties will include performing repair and maintenance on pumpout vessels, pumpout vessel operational training, and act as an additional Pumpout Vessel Captain as needed. The Maintenance Captain will not perform administrative duties. The Project Manager will not be paid through CVA grant funds under this Agreement. The Project Manager's primary duties will include: Overall administration of the program, public relations, financial management,staff management, coordination of maintenance and repairs, pumpout scheduling, overseeing the registration process, interfacing with related non- profit programs,governmental entities,and commercial interests,and to be the point of contact for FWC concerning "Proof of Pumpout"of vessels located in Managed Anchoring Zones(as described in the Monroe County anchoring ordinance). Recreational vessel owners/operators will be encouraged by the Grantee and its Contractor to register for routine pumpout service, which will assist in streamlining the service through the utilization of `identification decals' indicating participation in the pumpout program and orange flags to be flown when in need of a pumpout. For areas that are less conducive to or for the orange flag procedure, due to widely spaced vessels, the Pumpout Vessel Captains will make prior arrangements on specific pumpout schedules. Registration forms for participation in the program will be made available by the Pumpout Vessel Captains who actively seek out new vessels as part of their regular operations and online through the website maintained by the Grantee's Contractor. Additionally, registration forms will be made available at the Monroe County Marine Resources Office, various marinas and can be requested by phone. Registration to participate in the pumpout program is free for recreational vessels operating within the service area. The participant (customer) submits his/her registration information,which will be entered into the Sub-contractor's database and added to the service schedule for the pumpout vessel operating in the applicable area(s). Upon the first visit by the Pumpout Vessel Captain, he/she will affix the identification decal to the bow of the vessel(adjacent to the state vessel registration decal location), attach the orange service flag to the bow rail and explain the general and service area specific procedures to the recreational vessel operator. For recreational vessel owners/operators that are unable to register online but need service, Pumpout Vessel Captains will assist as needed so all anchored vessels may receive service. When the vessel is being pumped out for the first time, and during the first pumpout of every month thereafter, the monthly endorsement sticker will be placed on the identification decal by the Pumpout Vessel Captain(indicating proofofpumpout for that month). Through CVA funding under this Agreement, the Grantee's Contractor will maintain a website through which boaters can register for services. Registration packets and educational materials will be distributed throughout the Florida Keys informing boaters of the effects of sewage in the water and how they can obtain pumpout service. All educational materials will be submitted to the Grantee and the Department forapproval prior to publishing. A service schedule for each pumpout vessel placed in service will be made available on the website. The registration forms provided on the website will request the mooring location of the vessel (latitude/longitude), registration number and state,country of origin,size and type of the vessel, identifying characteristics of the vessel, information on the vessel's pumpout system, the name of the vessel, and a point of contact for the vessel. The registration form must be signed by the recreational vessel owner/operator and/or captain and allows the Pumpout Vessel Captain permission to pump out the participating vessel and board the vessel (however, boarding vessels should only be performed as necessary). Vessel operators refusing to sign the liability waiver associated with the registration will not receive service. The Department will not be held responsible for any damages to recreational vessels participating in the Grantee's pumpout project. Vessel waste will be offloaded and properly disposed of utilizing fixed pumpout stations located throughout the Florida Keys,and, when necessary, hauled out by licensed waste haulers,at a rate customary for the industry or will be transported by a sub-contractor by mobile sewage tank for disposal. Any sewage hauling and disposal is reimbursable under the terms and conditions of this Agreement. DEP Agreement No. MV 174,Attachment A, Page 2 of 6 CONDITIONS OF THE PROJECT AGREEMENT Project Reimbursement I. Match will be provided by Monroe County and documentation shall be provided in accordance with instructions and on Attachment B, Grant Payment/Match Request Form. In order to receive credit for the match by the Grantee, the Match must be documented using the same documentation requirements as for costs that are reimbursable under this Agreement. 2. Grantee invoices must be accompanied by all required deliverables as identified in this Attachment and all documentation as outlined in Paragraphs 5.8.through S.H. of the Agreement. The Department shall have thirty (30) days to review and approve all invoices and deliverables. Upon review and approval of the required deliverables, the Grant Payment/Match Request Form and required documents, the Department will process the request for reimbursement and match claim. The invoice amounts will be based on allowable costs reimbursed for authorized services performed under this Agreement. Invoicing will be submitted quarterly. For each reimbursement request,the Grantee will submit a signed invoice on the Grantee's letterhead. For each service completed, a deliverable must be submitted by the Grantee's Contractor to the Grantee. A listing of invoices from the Grantee's Contractor for services performed and proof of payment must also be included for each reimbursement. Allowable costs under this Agreement are listed under Task I. 3. the final request shall be accompanied by a completed and signed Pumpout Project Certification of Completion Form which is provided by the Clean Vessel Act Grant Program as part of the grant award package. 4. Accounting records and invoicing will be managed by Monroe County and their Contractor. Accounting costs are not reimbursable under this Agreement. Project Requirements The Grantee shall obtain all required permits and approvals prior to commencement of the project. A grant award is not an indication of permit ability of a project. A Site Visit/Permit Verification Form,completed by the Department District Office,shall be on file with the Department Grant Manager. 2. Pumpout facilities will be designed and operated in accordance with state and local health regulations. Any major violation of health,environmental,safety or traffic rules or regulations will subject this Agreement to review and/or possible termination. 3. Each pumpout facility or dump station funded under this Agreement shall be open and available to the recreational boating public. Each pumpout vessel shall be operated, maintained, and continue to be reasonably accessible, to all recreational vessels for the full term of this Agreement period as set forth in Paragraph 4 of this Agreement. 4. The Grantee will conduct operations of the pumpout facility or pumpout vessel in accordance with this Attachment A, which shall serve as a Pumpout Station Operational Plan. Pumpout vessels under this Agreement are to be used solely for the collection of recreational boat sewage only. 5. The pumpout facility/Pumpout Vessel Captains shall maintain a daily pumpout log to be submitted to the Grantee with each invoice during which the execution of this Agreement occurred. The log shall document use of the equipment by number of pumpout service events,approximate gallons pumped,number of out of state vessels pumped and maintenance,labor,or other operational costs incurred. 6. The Grantee, through its Contractor, shall provide marine sanitation and pumpout information for boat owners. These services may be provided through such methods as educational materials,on-site instruction DEP Agreement No. MV 174,Attachment A, Page 3 of 6 or audio-visual methods, equipment vendors, harbormaster or local government personnel. The Grantee's Contractor shall provide program training for Pumpout Vessel Captains. 7. Providing pumpout service to non-recreational commercial vessels is prohibited under this Agreement. TASKS/DELIVERABLES The following is a schedule of tasks/deliverables and budget detail for the completion of the tasks required to complete this Agreement. Changes that transfer funds from one task to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. Any costs incurred before the effective date of this Agreement are not reimbursable. Task I. Operations of Pompon!Services: The Grantee will perform the following work through the use ofa Sub contractor(Grantee's Contractor). The Grantee's Contractor is responsible for ensuring that the pumpout vessels are operated according to the Monroe County Mobile Vessel Pumpout Service Scope of Services and Conditions as described in this Attachment A. Descriptions/applications of allowable costs under this Agreement are as follows: • Salaries for the Pumpout Vessel Captains and Maintenance Captain will be invoiced at an hourly wage for each hour worked as identified in the Budget descriptions. • Outsourced maintenance and repair of the vessels, beyond that performed by the Maintenance Captain, which is not invoiced separately but provided for in his/her salary,will be invoiced at the actual cost of maintenance/repair parts,supplies and labor. • Costs for sewage transport by the Sub-contractor from the pumpout vessel to a local marina (or other facility) for disposal through a fixed pumpout station will not be invoiced separately, but will be included in the Pumpout Vessel Captain's or Maintenance Captain's salary rate and hours worked; • Sewage disposal fees will be invoiced based on actual fees charged by marinas (or other facility) with fixed pumpout stations; • Outreach materials,registration packets, flags,identification decals and stickers for pumpouts will be based on actual costs. • Replacement costs for consumable boat supplies such as fenders and lines will be invoiced based on actual cost of the items. • Replacement costs of Global Positioning System (GPS) or CPS Chartplotter equipment will be invoiced based on the cost of an equivalent new unit(costs not to exceed$1,000). • Personal Protective Equipment will be invoiced based on actual cost of gloves, safety glasses and sewage-proof protective coverings. • Website management, provided by a separate sub-contractor, will be invoiced quarterly throughout the term of this Agreement. Signed monthly pumpout logs will be submitted to the Grantee,specific to each pumpout vessel and broken down by service area,indicating the name of the Pumpout Vessel Captain,number of pumpouts performed, including the number of in state vessels and out of slate vessels, volume of sewage pumped out,number of individual vessels pumped out and method of disposal, which shall be summarized and submitted as the pumpout report listed in the below deliverables. Grantee shall keep the monthly pumpout logs as backup documentation relating to the Agreement and the deliverables required below,but need not submit the logs to the Department unless upon request. The logs should be kept in accordance with the retention period set forth in the Agreement. Deliverables: To be submitted quarterly with each request for reimbursement: • A listing of Captains' names,hourly rate,and number of hours worked; • A list of paid receipts for allowable costs; • Vessel hull numbers provided for the vessels serviced and repaired; • A copy of any outreach materials created for distribution. DEP Agreement No. MV 174,Attachment A, Page 4 of 6 • Number ofpumpouts performed,including number of out-of state-vessels,and gallons pumped;and • Log-in information for access to the Sea Sync monitoring data. Performance Standard: Upon review and written acceptance by the Department's Grant Manager of the deliverables under Task I,the Grantee may proceed with invoicing for Task I. Task Timeline: Upon the effective dale of the Agreement, the Grantee will submit the deliverables quarterly through the end of this Agreement. Budget: This grant includes only contractual services. Notwithstanding, allowable costs for reimbursement under this task(Task I-Operations)include costs for: Salaries: • Pumpout Vessel Captains' salary and Maintenance Captain's salary up to$20.22/hour(total maximum of$4,852.80 per week,based on six staff working an average of40 hours each). • Pumpout Vessel Captain's salary to perform pumpout service, including: vessel operations and routine minor cleaning (including soft cleaning of boat hulls), pumpout operations, sewage offloading, operating tow vehicles/trailers, sewage truck operations, sewage transport to offload marine sewage at fixed pumpout stations, performing minor maintenance and repairs, pumpout vessel operational training, logging minor maintenance and repair activities,and logging pumpout activity. • Maintenance Captain's salary to perform all the duties of the Pumpout Vessel Captains and additional duties, including: necessary/routine maintenance and repairs, and major cleaning (e.g. pressure washing boat hulls,bottom painting). Other Operational Costs: Maintenance: • Costs for outsourced scheduled preventative maintenance;and • Costs of outsourced maintenance and repairs on pumpout vessels, pumps, boat engines, and trailers (includes parts each up to$2,500). The Grantee shall provide the Department with two written quotes for any outsourced maintenance and repair costs over$2,500.Outsourced maintenance and repair costs over$2,500 will not be reimbursed unless the Grantee(I)submits the two written quotes along with a request to proceed with one of the received quotes and(2)receives written approval prior to incurring the cost from the Department's Grant Manager. • Costs for pressure washing and bottom painting of boat hulls Parts and Supplies: • Costs of supplies and parts(each up to$2,500)needed to perform routine scheduled maintenance and repair. • Supplies including:bleach,cleaning supplies and detergents. • Personal Protective Equipment including: safety glasses, sanitary gloves and sewage-proof protective coverings. • Fenders and lines. • Oil,rags,and lubricants. • Holding tank treatment. • Batteries • Life vests • Tools Docking: • Docking/Vessel storage fees Electronic equipment(not to exceed S1.000 each): • Replacement costs of VHF radios and GPS/GPS Chartplotter location devices. • Replacement costs of monitoring devices. Sewage hauling, transport and disposal: • Sewage hauling by licensed contractor. • Sewage disposal fees. Program information and registration: • Printing of registration materials. • Purchase of identification decals and monthly endorsement stickers. • Signage and flags. Computer software and subscriptions: DEP Agreement No.MV 174,Attachment A, Page 5 of 6 • Website management performed by a separate sub-contractor. • Monitoring data subscription(i.e.data software service). The following costs will not be reimbursed under this Agreement: fuel, insurance,vessel registrations,collision damage, damages that are covered under insurance, Project Manager's salary, accounting costs, "electronic equipment, jackets, boots, clothing and equipment over $1,000. In addition, administrative salaries are not reimbursable. 'GPS/GPS Chartplotters, VHF Radios, and monitoring devices are authorized, but costs must not exceed $1,000 each. Note: Payment can be requested by the Grantee upon submission and review and approval of the deliverables, identified above. Budget Summary: Tasks Grant Award Amount(75%) Match Amount(25%) I.Operation of Pumpout Services S250,000.00 $83,333.33 (contractual services) Note: The Match documentation must meet the same requirements as the cost for reimbursement under Task I. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV 174,Attachment A,Page 6 of 6 ATTACHMENT B GRANT PAYMENT/MATCH REQUEST Monroe County Board of MV 174 CVAI 5-754 County Commissioners 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 N/A Pumpout Signage N/A Education and instructional N/A Materials TOTAL PROJECT $ 25% Grantee match $ 75%reimbursable to Grantee $ 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. 1 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. MV 174. I further attest, that Monroe County Board of County Commissioners has complied with the terms and conditions of this Agreement. Grantee's Project Manager Date DEP Agreement No. MV I74,Attachment B, Page I of I ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services,Reference Guide for Stale Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,travel,expenses,etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (I) Salaries: 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. (2) Fringe Benefits: 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. (3) Travel: 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. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds,the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code,regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature(e.g.,postage,copies,etc.)may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. N/A under this Agreement. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. N/A under this Agreement. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference auide.htm Dlil'Agreement No.MV 174.Attachment C,Page I of I ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: MV 174 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Identify below,and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., copies of permits, photographs,etc.) This report is submitted in accordance with the reporting requirements of DEP Agreement No. MV I74 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. MV 174,Attachment D,Page I of I ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the"Department", "DEP", "FDEP"or"Grantor'( or other name in the conlract/agreement)to the recipient(which may be referred to as the "Contractor", Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133,as revised,and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees to comply and cooperate with any inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 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 Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,as revised.An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-I 33, as revised, will meet the requirements of this pad. 2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall frdfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than$500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-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;//I2.46.245.173/efda/cfda,h1ml. DEP Agreement No.MV 174,Attachment E,Page I of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes. 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 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 I to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 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 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 FloridaCatalog of State Financial Assistance(CSFA),a recipient should access the Florida Single Audit Act website located at pposY/aoas.fidfs cojNfsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http9/www.leg.state.B.us/Welcome/index.cfm, State of Florida's website at http9/www.myflorida.contl, Department of Financial Services' Website at http://www.Bdfs.cond and the Auditor General's Website at http://www.state.flus/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck'any additional audit requirements imposed by the Stare awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or Stale laws and is not in conflict with other Federal or Stale audit requirements). Pursuant to Section 215.97(8),Florida.Statutes, State agencies may conduct or arrange for audits ofSlatefrnancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency mast arrange for funding the ftdl cost of such addition!audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by PART!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 Agreement No. MV 174.Attachment E, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-I33, 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 I, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at htto://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f), OMB Circular A-133,as revised. 2. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised,and any management letters issued by the auditor,to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of 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 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 I I I West Madison Street Tallahassee,Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV 174,Attachment E,Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,as applicable. 6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550(local governmental entities) or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued,and shall allow the Department of Environmental Protection,or its designee,Chief Financial Officer,or Auditor General access to such records upon request.The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV 174,Attachment E, Page 4 of 5 ! ±£ !a : ] 7. itr f _!®a o ] ƒ/, « « _/ = C {k �a ° \ e.0 0 \- `C ;;$ & 4 \ I n _ ) a e 2moeC- 4. | ! ) { \f \ { < 0 \ ou ° } \ c \ ; / _ & ; , 0 . C , ! . , = - a ƒ ! # t = R ; j I - [f \ , - - ` . � � _ - 42 - ! ! ! mc } : 2` / : ea /_ in \ / \= E {) _ \{ ea - \ : k / j\ ) - ) / � \ \ ) ! ! § } } & ! § ! # ` ) ! § ! ) § § ! 0., co ( 1 Z Of ! ® // ! � /! ( {) : � � } k) f \ ATTACHMENT F DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1.Type of Federal Action: 2.Status of Federal Action: 3.Report Type: pia. contract I Ia. bid/offer/application � 1 a.initial filing b. grant l b. initial award 1 b.material change c. cooperative agreement a post-award For Material Change Only: d. loan year quarter a loan guarantee date of last report f. loan insurance 4.Name and Address of Reporting Entity: 5. If Reporting Entity In No.4 Is a Subawardee, Enter Name ❑Prima ❑Subawardee and Address of Prime: Tier , if known: Congressional District, if known: 4c Congressional District,if known: 6. Federal Department/Agency: 7.Federal Program Name/Description: CFDA Number, if applicable: 6.Federal Action Number, if known: 9.Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b.Individuals Performing Services (including address if (ifindividual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): 11 ibinsbnn rem.eled trough On form is monied by dbe 31 U.S.C. a.dwn Signature: 1352.. Pas dlitlmua oflelglry.m du S a material pv,eeeadm fa a ct g upnn,,hdi Mrence"s Placedby the l+abw when u®ranaaen l, .e5 made Print Name: or entered into. This disdu ee is replied pursuant 3 s t 1 uC. 1352 11w indentation MII be available for puerile Inepeceon My pram who fats to Ma W meta dadoeua mar bewallobe ow penally of wt less ten sio, jo end Title: not more than$100,0.00 for each such learnt. Telephone No.: Date: Federal Use Only: Authorized for Local Reproduction Standard Form LIL(Rev. -97) DEP Agreement No.MV 174,Attachment F,Page I of 2 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the Initiation or receipt of a covered Federal action,or a material change to a previousfiling,pursuant to title 31 U.S.C.section 1352.The filing of a fans is required for each payment or agreementto make payment to any lobbying entity for Influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employeeof Congress,or an employeeof a Memberof Congress In conneclionwith a covered Federalactlon.Complete all items that apply for both the initial(ding and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity Is ardlor has been secured to influence the outcome ofa covered Federal action. 2. Identlly the status of the covered Federal action. 3. Identity the appropriate classification of this report. If this is a lollowup report caused by a material Mange to the information previously reported,enter the year and quarter In which the change occurred.Enter the date of the last previoustysubmitted report by this reporting entity for this covered Federal action. 4 Enter the fun name,address,city,Stale and zip code of the repoding entity.include Congressional District,if known.Check the appropriateclassification of the reporting entity that designatesif it Is,or expects to be,a prime or subeward recipient.Identify the tier of the subawardee,e.g..the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organizationfiling the report In item 4 checks'Subawardee,'then enter the full name.address,city.State and zip code of the prime Federal recipient. Include Congressional District,if known. 8. Enter the name of the Federal agency making the award or loan commitment.Include at east areorganizationallevel below agency name,if known.For example,DeparMent of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(Item 1).If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8 Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number; - o-for Bid (IFB) number;gran)announcement number;the contract, grant, or loan award number;the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001" 9. For a covered Federal action where there has been an awed)or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified In Item 4 or 5. f0. (a)Enter the full name,address,city.State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified In Item 4 to influence the covered Federal action. (b)Enter the full names of the Indivival(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(Mg. 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the PaperworkReduction Act,as amended,no persons are required to respond to a colledbn of Information unless it displays a valid OMB Control Number. The valid OMB control number for this Information collection is OMB No.0348-0046. Public reporting burden for this collection of information is estimated to average I0 minutes per response,including time for reviewing Instruc115ns,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the°election of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Managementand Budget,Pepewmik Reduction Proles/(0348-0046),Washington, DC 20503. DEP Agreement No.MV I74,Attachment F,Page 2 of 2 ATTACHMENT G Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: I. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity,Department of Labor." 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of$2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C.874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing,by any means, any person employed in the construction,completion,or repair of public work, to give up any pan of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). ----- ----- Under this Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C.327-333) - Where applicable, all contracts awarded by recipients in excess of$2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/:times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement- Contracts or agreements for the perfomtance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. DEP Agreement No.MV 174,Attachment G,Page I of4 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 7. Byrd Antl-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal finds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension."This list contains the names of parties debarred,suspended,or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 US.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards,orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act,as amended(33 U.S.C. 1368)and Section 1424(e)of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 10. Compliance with all Federal statutes relating to nondiscrimination-These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex;(b)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;(e)the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (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 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 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act(5 U.S.C. 1501—1508 and 7324—7328)that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEP Agreement No.MV 174,Attachment G.Page 2 of4 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pt. 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(Pt. 93-523);and(h)protection of endangered species under the Endangered Species Act of 1973,as amended(Pt. 93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968(16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development,and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm blooded animals held for research,teaching,or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act(Pub. L.94-163,89 Stat.871). 21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions of the Drug-Free Workplace Act of 1988(Public Law 100-690,Title V, Sec.5153,as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC Implementing regulations published at 43 CFR Part 43, "Govemmentwide Requirements for Drug-Free Workplace(Financial Assistance)"published in the Federal Register on November 26, 2003,68 FR 66534),which require that the recipient take steps to provide a drug-free workplace. 22. Compliance with the Buy American Act (41 U.S.C. 10a-I0c) By acceping funds under this Agreement,the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that,to the greatest extent practicable,all equipment and products purchased with funds made available under this Agreement should be American-made. 23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting funds under this Agreement,the Grantee agrees to implement the requirements of(g)of section 106 of the Trafficking Victims Protection Act of 2000(TVPA), as amended (22 U.S.C. 7104(g). 24. Registrations and Identification Information, the Grantee agrees to maintain current registration in the Central Contractor Registration(www.cer.aov) System for Award Management (SAM)at all times during which they have active project funded with these funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb,com) is one of the requirements for registration in the Central Contractor Registration. DEP Agreement No.MV 174,Attachment G,Page 3 of 4 25. 41 USC§4712,Pilot Program for Enhancement of Recipient and Subrecipient Employee Whistleblower Protection(FWS Financial Assistance Award Terms and Conditions):This requirement applies to all awards issued atter July I,2013 and shall he in effect until January 1,2017. (a)This award,related subawards,and related contracts over the simplified acquisition threshold and all employees working on this award,related subawards,and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C.4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L. 112-239). (b)Recipients,their subrecipients,and their contractors awarded contracts over the simplified acquisition threshold related to this award,shall inform their employees in writing,in the predominant language of the workforce,of the employee whistleblower rights and protections under41 U.S.C.4712. (c)The recipient shall insert this clause,including this paragraph(c), in all subawards and in contracts over the simplified acquisition threshold related to this award. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.MV 174.Attachment G.Page 4 of 4 ATTACHMENT H REGULATIONS Formal regulations concerning administrative procedures for Department of Interior(DOI) grants appear in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. General 43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOI Grants and Other Federal Assistance 43 C.F.R. 12 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 Regulations 2 C.F.R. 1400 Suspension and Debarment 48 C.F.R. 31 Contract Cost Principles and Procedures Office of Management and Budget Circulars A-21 (2 CFR 220) Cost Principles for Educational Institutions A-87(2 CFR 225) Cost Principles for State, Local,and Indian Tribal Governments A-I22(2 CFR Cost Principles for Non-Profit Organizations 230) A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.MV 174.Attachment H,Page I of I