11/17/2015 Agreement Mo vWE eovoly
DEP Agreement No: MV174
For CVA15-754
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:
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 Parts 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 andor 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 174,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-auditthereof.
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
purpose. 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(he 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-I22 (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 htto://www.fldfs.comMadir/reference%5Feuide, 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.epo.gov/nara/cfr/efr-table-search.html and OMB Circulars A-
87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be
found in OMB Circulars A-102 and A-110 (2 CFR 215) at
http://www.whitehouse.govlombicirculars/index.htmlienumerical.
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DEP 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-21 (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 under 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 Agrcencnt No.M V 174,Page 3 of 10
•
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.USASoendinR¢ov. Grant Recipients awarded a new Federal grant greater than or equal to
$25.000 awarded on or after October I, 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 date 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.
B. 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
DFP Agreement No.MV I74,Page 4 or 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 10 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 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.
DEP 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 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 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 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-I33, Subpart B, Section .210 for determining
whether the relationship represents that of a 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:
httos://apps.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. 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.
DEP Agreement No.MV U4,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 party 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.
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DLP 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, MS#30
Tallahassee,Florida 32399-3000
Telephone No.: (850)245-2846
Fax No.: (850)245-2159
E-mail Address: Pamela.Grainger4 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-celia@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
tinder 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.
B. 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
DFP 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 under 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 under 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"C," Contract Provisions, attached hereto and made a part 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 174.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 MMISSIONERS ENVIRONMENTAL PROTECTIONOT//��
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By: By: / a /o r v v`
Ma or - Directo ,Office of the Secretary(or designee)
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'�' ;- yr DEP Grants Administrator
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Approved-as to F m and Legal Sufficiency: Approved as to form and legality:
By:
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Peter Morris, Assistant County Attorney DEP Attorney
FEID No. 59-6000749 MONROE COUNTY ATTORNSY
NflOVGD AS TO FORM
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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: 3 `
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2 c... Ph
Speci y _— Letter/ 70r. . o
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Type Number Description(include number of pages) om. m
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Attachment A Scope of Work and Conditions(6 Pages) c� ';)
Attachment B Grant Payment/Match Request Form(I Page) za „i
Attachment C Contract Payment Requirements(I Page) _<— m
Attachment D Progress Report Form(I Page)
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Attachment E Special Audit Requirements(5 Pages) >
Attachment F Disclosure of Lobbying Activities(2 Panes)
Attachment G Contract Provisions(4 Pages)
Attachment H Regulations(I Page)
DEP Agreement No.MV I74,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 Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Agreement
period, including the pumpout reporting 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, CVA15-754. 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 10 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 proof of pumpout 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 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,
info-mation 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
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 S.B. 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. M V 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 1.
Operations of Pumpout Services: The Grantee will perform the following work through the use of a 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 GPS 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 state 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 of pumpouts 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 date 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 of 40 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$1,000 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 S1,000. 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 $250,000.00 $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 MV174 CVA15-754
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 $
I attest that documentation has been and will be maintained as required by this Agreement to support the amounts reported
above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are
true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project Agreement No. 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 174,Attachment B, Page I of I
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures
Cast 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 10 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: httpJ/www.fldfs.conVaadir/reference guide.htm
DEP Agreement Na MV 174,Attachment C.Page 1 of 1
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.
MV174 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager Date
DEP Agreement No. MV I74,Attachment D, Page 1 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-I33 and Section 215.97, F.S., as
revised(see"AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by Department
staff, limited scope audits as defined by OMB Circular A-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-I33,as revised.
1. In the event that the recipient expends S500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-I33,as revised. EXHIBIT Ito 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-I33, as
revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C 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-I33, as revised, is not required. En the event that the
recipient expends less than S500,000 in Federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must be paid from
non-Federal resources (i.e.. the cost of such an audit must be paid from recipient resources obtained from
other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
intemet at httu://I2.46.245.173/cfda/cfda.html.
DEP Agreement No. MV I74,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.
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 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 Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at https7/apps.fidfs.conVfsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
h_ptt ://www.leg.state.B.us/Welcome/index.cfm, State of Florida's website at htto://www.myflorida.com/,
Department of Financial Services' Website at ://www.fldfs.com/and the Auditor General's Website at
IA)://www.state.flus/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or Slate audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange fur audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
finding the full cost of such additional 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 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. 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)(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 after January I,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at h[tp://harvester.census.gov/fac/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(1),
OMB Circular A-133,as revised.
2. Pursuant to Section .3200), 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 3 23 99-3 0 00
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
III West Madison Street
Tallahassee,Florida 32399-1450
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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.
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DEP Agreement No. MV174.Attachment E, Page 4 of 5
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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:
a. contract I a. bid/offer/application a. initial filing
- 1 b. grant l b. initial award 1 b. material change
c. cooperative agreement c. post-award For Material Change Only:
d. loan year quarter
e. 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
❑Prime ❑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:
8. 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
(if individual, last name, first name, Ml): different from No. 10a)
- - - (last name, first name, Ml):
11 Information requested through this form is aumonzed by role 31 U S.C.section Signature:
1352. m¢disclosure of lobbying activities is a material representation of fact
upon which reliance was placed by the tier above when this transaction was made
Of entered into. This disclosure is required pursuant to 31 11.SC. 1352 This Print Name:
information will be available for public lrepecton. My person who fails to rile the
required disclosure shall be subject to a MI penalty of not less then $10.00e and Title:
not more than$100 a00 for each such failure.
Telephone No.: Date:
Authorized for Local Reproduction
Federal Use Only: Standard Form LLL(Rev.7-97)
DEP Agreement No.MV I74,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 subawardeeor 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 form is required for each payment or agreement to 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 Member of Congress in connection with a covered Federal action.Completeall items that apply for both the initial filing 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 and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriateclassifmation of this report. If this is a followup report caused by a material change to the information previously reported,enter
the yearend quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriateclassification
of the reporting entity that designates if it is,or expectsto be,a prime or subaward 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.
6. Enter the name of the Federalagency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For
example,Department 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 availablefor the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number;
Invitation for Bid (IFB) number; grant 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 award 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.
10. (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 individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and
Middle Initial(MI).
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 collection 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 10 minutes per response,including time for reviewing instructions, searching existing data sources,gathering and maintaining the data
needed,and completing and reviewing the collection 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 Management and Budget,Paperwork Reduction Project(0348-0046),Washington,
no 90503
DEP Agreement No.MV 174, Attachment F,Page 2 of 2
r
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 1 Yz 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 Finns Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No. MV 174.Attachment G,Page 1 of 4
•
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 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 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 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; (f) 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 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 174.Attachment G.Page 2 of 4
. 1
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.); (t) 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, "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-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.
IMP 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 after July I,2013 and shall be in effect until January I,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(PL. 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.
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DEP Agreement No. MV 174,Attachment G.Page 4 of 4
t
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-122 (2 CFR Cost Principles for Non-Profit Organizations
230)
A-133 Audit Requirements
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DEP Agreement No. MV 174,Attachment I-I,Page I of I