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11/17/2016 Agreement , 0 CLERK OF CIRCUIT COURT & COMPTROLLER r:,` l� MONROE COUNTY,FLORIDA DATE: December 22, 2015 TO: Mayra Tezanos, Executive Administrator ATTN.: Beth Bergh (, 0 FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller 6pr At the November 17, 2015 Board of County Commissioner's meeting the Board granted approval and execution of the following Items: K1 Approval of Amendment No. 1 to contract between Earth balance Corporation and Monroe County, extending the existing contract to May 27, 2016. K5 Approval of Occupancy Agreement and 99-year Ground Lease between Monroe County and Habitat for Humanity of Key West'and Lower Florida Keys, Inc., forfour (a;-parcels-of land on Cudjoe ( . Key (RE Nos. 00178350-000000; 00178360-000000; 00178370-000000; and 00178380-000000), on which sixteen(16)owner-occupied affordable employee housing units will be built. (KS Please forward Lease Agreement to Clerk once recorded for distribution) .✓ K6 Approval of Agreement No. MV174 between Monroe County (County) and the Florida Department of Environmental Protection (DEP) Clean Vessel Act (CVA) Program providing $250,000 in grant reimbursement funding to the County to assist with funding for the County's Mobile Vessel Pumpout Service(Pumpout Service)for one year of operation. (K6 This Agenda Item is not fully executed; it must be executed by the State of Fla Department of Environmental Protection and forward to the Clerk for finalization) 7 Approval of Agreement No, S0901 between Monroe County (County) and the Florida apartment of Environmental Protection (DEP) providing $100,000 in reimbursement funding to the County to assist with funding for the County's Mobile Vessel Pumpout Service (Pumpout Service). (K7 This Agenda Item is not fully executed; it must be executed by the State of Ha Department of Environmental Protection and forward to the Clerk for finalization) 500 Whitehead Street Suite 201,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 ho Approval of Amendment No.6 to the Agreement (Amended Agreement or Agreement) between Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys-Wide Mobile Vessel Pumpout Service (Pumpout Service), to: 1) include reference to the Department of Environmental Protection ,(DEP) agreement with the County which is providing $100,000 of(non-CVA) reimbursement funding towards the cost of the Pumpout Service, 2)include reference to the DEP Clean Vessel Art(CVA) grant _ agreement with the County which is providing $250,000 in reimbursement funding towards the cost of allowable expenses for the Pumpout Service for one year, 3) providing up to $379,800 from Boating Improvement Funds towards the cost of the Pumpout Service, 4) providing for a total cost of up to $729,800 for one year of Pumpout Service, 5) establishing the term of the Amended Agreement between the County and Pumpout USA to be for one year, commencing November 1, 2015 and ending October 31, 2016, and 6) providing for conditions based on sufficient, continuous funding provided by the two above described agreements with DEP. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. cc: County Attorney Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 rnoo2DE. Cou�� � DEP AGREEMENT NO. S0901 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT PURSUANT TO LINE ITEM 1582 OF THE FY15-16 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 2798 Overseas Highway, Suite 420, Marathon, Florida 33050 (hereinafter referred to as"Grantee"),a local government, to provide financial assistance for the Monroe County Mobile Vessel Pumpout Service. Collectively,the Department and the Grantee shall be referred to as"Parties" or individually as a "Part,,. In consideration of the mutual benefits to be derived herefrom,the Department and the Grantee do hereby agree as follows: 1. TERMS OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Scope of Services and Conditions, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement,the terms "Grantee" and"Recipient"are used interchangeably. 2. PERIOD OF AGREEMENT: This Agreement shall begin November 1, 2015, by both parties and shall remain in effect until June 30, 2016, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after November I, 2015, through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement,the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$100,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. Changes to approved budget categories within a single deliverable that are less than 10% of the total approved deliverable budget amount will require a formal Change Order to the Agreement. Changes that are 10% or greater of the total approved deliverable budget amount,or changes that transfer funds from one deliverable to another deliverable,or changes that increase or decrease the project's total funding amount will require a formal Amendment to the Agreement. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference guide/. All invoices for DEP Agreement No.S0901 Page 1 of 10 amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. A final payment request should be submitted to the Department no later than sixty(60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: Contractual (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed-price (vendor)subcontracts,the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(i.e., Invitation to Bid or Request for Proposals)resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount,the Grantee may proceed in finalizing the fixed-price subcontract. c. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.myfloridacfo.condaadir/reference guide/. DEP Agreement No. S0901 Page 2 of 10 F. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees 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 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. 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. 4. ANNUAL APPROPRIATION: The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. 5. REPORTS: A. The Grantee shall utilize Attachment D, Progress Report Form,to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly"shall reflect the quarters as follows: November I —January 31, February I —April 30, May I —July 31, and August 1 — October 31. The Department's Grant Manager shall have thirty (30)calendar days to review the required reports and deliverables submitted by the Grantee. B. As stated in the letter dated July 17, 2015, from the Office of the Governor, the Grantee will identify the return on investment for this project and provide quarterly updates to the Governor's Office of Policy and Budget. 6. RETAINAGE: Retainage is not required under this Agreement. DEP Agreement No. S0901 Page 3 of 10 7. INDEMNIFICATION: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful aces of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. 8. DEFAULT/TERMINATION/FORCE MAJEURE: A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or 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 day's written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes (F.S.),and Section 24(a), Article I,Florida Constitution. D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the Grantee shall promptly notify the Department orally. Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise,that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s)or subcontractor(s)shall not constitute a force majeure event. 9. REMEDIES/FINANCIAL CONSEQUENCES: 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)calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within DEP Agreement No. S0901 Page 4 of 10 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 the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps,or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C_ Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 10. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department,the State,or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five(5)years following the completion date of the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing,on its subcontractors. II. SPECIAL AUDIT REQUIREMENTS: 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 1 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 funding increase or decrease. If the Grantee fails to receive a revised copy of DEP Agreement No. S0901 Page 5 of 10 Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850)245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a 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://aoos.Fldfs.coin/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. 12. SUBCONTRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten GO) calendar days after execution of the subcontract. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any -.. subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. 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. 13. PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state-appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district. or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: The contractor's maintaining an office or place of business within a particular local jurisdiction; ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the DEP Agreement No. S0901 Page 6 of 10 solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. 14. LOBBYING PROHIBITION: In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to,or otherwise available for use by,any executive,judicial, or quasi- judicial department shall be used by any state employee or other person for lobbying purposes. 15. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal,state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person.Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. 17. CONTACTS: The Department's Grant Manager(which may also be referred to as the Department's Project Manager)for this Agreement is identified below: Pamela Grainger Florida Department of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd., MS#30 Tallahassee, Florida 32399-3000 Telephone No.: (850)245-2846 Fax No.: (850)245-2159 E-mail Address: Pamela.Grainger(ddep.state.fl.us The Grantee's Grant 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 18. INSURANCE: To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the DEP Agreement No. 50901 Page 7 of 10 • work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers'Compensation law. In case any class of employees engaged in hazardous work 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 its employees not otherwise protected. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees,servants and agents while acting within the scope of their employment with the Grantee. 19. CONFLICT OF INTEREST: 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. 20. EOUIPMENT: Reimbursement for equipment purchases costing $t,000 or more is not authorized under the terms and conditions of this Agreement. 21. CHANGE ORDERS: The Department may at any time, by written Change Order, make any change in the Grant Manager information, task timelines within the current authorized Agreement period, or make changes that are less than 10%of the total approved deliverable budget(per Paragraph 3). All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. Any change which causes an increase or decrease in the Agreement amount, expiration date of the Agreement, or deliverable costs that are equal to or greater than 10% of the total approved deliverable budget(per Paragraph 3), shall require formal Amendment to this Agreement. 22. UNAUTHORIZED EMPLOYMENT: The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 23. DISCRIMINATION: A. No person,on the grounds of race,creed,color,religion,national origin,age,gender,or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section 287.134, F.S., may not submit a bid on a contract to provide goods 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. DEP Agreement No. S0901 Page 8 of 10 24. LAND ACQUISITION: Land acquisition is not authorized under the terms of this Agreement. 25. PHYSICAL ACCESS AND INSPECTION: As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment,materials or documents; B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement;and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdr' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 27. SEVERABILITY CLAUSE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 28. ENTIRE AGREEMENT: This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0901 Page 9 of 10 • IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY CO MISSIONERS ENVIRONMENTAL PROTECTION By: APT ___ By: IA„G Mayo Director,Office of the Secretary(or designee) Date: igW/P Date: I/P2/I° Pamela Grainger, DEP G ant Manager . 6-rtxr 1� EAVILIN,CLERK 4 c!; ��) e•9 DEP Grants Administrator Approved as to Form and Legal Sufficiency Approved as to form and legality: f `_ i By: i.. �/ Peter H. Morris,Assistant County Attorney DEP Attorney FEID No.: 59-6000749 MONROE COUNTY ATTORNEY AP OVEO AS TO FORM girt 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 Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ o a- r Type Number Description(include number of pages) c—z o O r Attachment A Scope of Services and Conditions(4 Pages) o-, N n Attachment B Payment Request Summary Form(2 Pages) o n Attachment C Contract Payment Requirements(I Page) _ 'A a T n Attachment D Progress Report Form(1 Page) n Attachment E Special Audit Requirements(5 Pages) o r 7. N; DEP Agreement No. S0901 Page 10 of 10 ATTACHMENT A Scope of Services and Conditions Monroe County Mobile Vessel Pumpout Service PROJECT DESCRIPTION This is a cost reimbursement Agreement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, in an amount not to exceed $100,000.00 for satisfactory completion of the project outlined herein, to be paid in quarterly payments, and the Grantee agrees to undertake the project as described and submitted in the work plan provided below. The project funded under this Agreement is located throughout unincorporated Monroe County within the Florida Keys. A return on the State's investment is anticipated to be provided through: I)an increased number of pumpouts in the next year further reducing the potential discharge of untreated sewage into the Florida Keys' waters resulting in improved water quality,and 2)increased awareness of No Discharge Zone regulations and the availability and use of the Keys-wide pumpout service conveniently provided to anchored-out vessels. The Grantee's mobile vessel pumpout service,currently free to boaters in the Florida Keys, is helping to ensure compliance with the regulations of the No Discharge Zone and is critical in assuring that water quality in the Florida Keys remains high. The$100,000 in funding assistance from the State will help ensure that the vessel pumpout program is sufficiently funded for the next year, thus helping to improve and preserve water quality which is vital to the economy and marine ecosystems of 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 meet certain objectives as directed and established by the Monroe County Board of County Commissioners that are consistent with the reduction or elimination of environmental impacts associated with the illegal discharge of sewage from vessels, and to further enable compliance with regulations of the federal No Discharge Zone established by the U.S.Environmental Protection Agency and discharge regulations established by the Florida Keys National Marine Sanctuary. The Grantee's Contractor will provide all personnel,equipment and vessels necessary to perform the work under this Agreement based on a 5 day work week with operation hours of 9 a.m.to 5 p.m. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, be authorized or permitted under State and local law to perform such services. Five (5) Pumpout Vessel Captains, one (I) Maintenance Captain and a Project Manager that has extensive experience and training in the pumpout industry will be provided by the Contractor. The Maintenance Captain's duties will include performing repair and maintenance on pumpout vessels, pumpout vessel operational training,and act as an additional Pumpout Vessel Captain as needed. The Maintenance Captain will not perform administrative duties. The Project Manager's primary duties will include: overall administration of the program, public relations, financial management, staff management, coordination of maintenance and repairs, pumpout scheduling,overseeing the registration process, interfacing with related non-profit programs,governmental entities, and commercial interests, and be the point of contact for the Florida Fish and Wildlife Conservation Commission (FWC)concerning"Proof of Pumpout"of vessels located in Managed Anchoring Zones(as described in the Monroe County anchoring ordinance). Four(4)pumpout vessels will be provided and properly maintained to ensure suitable service. An additional three(3) 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 (1) pumpout per week to all anchored recreational vessels in the unincorporated waters of Monroe County within the Florida Keys. Service may also be provided to vessels at marinas, with priority given to marinas without pumpout facilities.The first priority of each pumpout vessel will be servicing anchored vessels located in established Managed Anchoring Zones as identified in the Monroe County Anchoring Ordinance. There are an estimated three hundred(300)vessels in the Managed Anchorage areas. Each pumpout vessel will be equipped with a monitoring device that will indicate the location of the pumpout vessel, pumpout vessel activity, locations of pumpout customers and duration of pumping time. Such equipment of monitoring device(s) shall at all times comply with Florida Statute § 934.425 (2015). A subscription data software DEP Agreement No. 50901,Attachment A,Page I of 4 service will be used for the monitoring device and for logging pumpout vessel activity throughout the period of this Agreement. The monitoring data will be accessible by the Department and the Grantee. Pumpout Vessel Captains will provide registration assistance to recreational vessel owners/operators as needed. In coordination with Grantee staff and FWC staff,the Grantee's 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. Recreational vessel owners/operators will be encouraged by the Grantee and its Contractor to register for routine pumpout service, which will assist in streamlining the service through the utilization of `identification decals' indicating participation in the pumpout program and orange flags to be flown when in need of a pumpout. For areas that are less conducive for the orange flag procedure,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 program is free for recreational vessels operating within the service area. The participant (customer) submits his/her registration information,which will be entered into the Contractor's database and added to the service schedule for the pumpout vessel operating in the applicable area. Upon the first visit by the Pumpout Vessel Captain, he/she will affix the identification decal to the bow of the vessel(adjacent to the state vessel registration decal location),attach the orange service flag to the bow rail and explain the general and service area specific procedures to the recreational vessel operator. For recreational vessel owners/operators that are unable to register online but need service, Pumpout Vessel Captains will assist as needed so all anchored vessels may receive service. When the vessel is being pumped out for the first time, and during the first pumpout of every month thereafter,the monthly endorsement sticker will be placed on the identification decal by the Pumpout Vessel Captain(indicating proofofpumpout for that month). 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, information on the vessel's pumpout system,the name of the vessel,and a point of contact for the vessel. The registration form must be signed by the recreational vessel owner/operator and/or captain and allows the Pumpout Vessel Captain permission to pump out the participating vessel and board the vessel (however, boarding vessels should only be performed as necessary). Vessel operators refusing to sign the liability waiver associated with the registration will not receive service. The Department will not be held responsible for any damages to recreational vessels participating in the Grantee's pumpout project. Vessel waste will be offloaded and properly disposed of utilizing fixed pumpout stations located throughout the Florida Keys,and when necessary hauled out by licensed waste haulers or will be transported by a sub-contractor by mobile sewage tank for disposal. CONDITIONS OF THE PROJECT AGREEMENT Project Reimbursement The Department's Grant Manager will review and provide written approval of all deliverables identified in this Attachment. Upon receipt of the written approval,the Grantee may submit separate Payment Requests using Attachment B, Payment Request Summary Form. Payment requests may be submitted no more frequently than every three months and must be accompanied by copies of paid invoices relating to the Scope DEP Agreement No. 50901,Attachment A,Page 2 of 4 of Services. Upon review and approval of the required deliverables,the Payment Request Summary Form and required documents,the Department will process the request for reimbursement. The authorized payment request amounts will be based on costs reimbursable for authorized mobile pumpout services performed under this Agreement. The Grantee's Contractor must submit a deliverable to the Grantee for each service completed.A listing of invoices from the Grantee's Contractor for services performed and proof of payment must also be included for each reimbursement. 2. Accounting records and invoicing will be managed by the Grantee and their Contractor. Project Requirements The Grantee shall obtain all required permits and approvals prior to commencement of the project. 2. Pumpout facilities will be designed and operated in accordance with state and local health regulations. Any major violation of health,environmental, safety or traffic rules or regulations will subject this Agreement to review and/or possible 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 2 of this Agreement. 4. The Grantee will conduct operations of the pumpout facility or pumpout vessel in accordance with the Scope of Services, which shall serve as the pumpout station operational plan. Pumpout vessels under this Agreement are to be used solely for the collection of recreational boat sewage. 5. The pumpout facility/Pumpout Vessel Captains shall maintain a daily pumpout log to be submitted to the Grantee with each Contractor invoice through the end of this Agreement. The log shall document use of the equipment by number of pumpout service events,approximate 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 recreational vessel owners/operators. These services may be provided through such methods as educational materials, on-site instruction or audio-visual methods by the Sub-contractor, equipment vendors, harbonnaster or local government personnel. The Grantee's Contractor shall provide program training for Pumpout Vessel Captains. TASKS/DELIVERABLES The following is a schedule of tasks/deliverables and budget detail for the completion of the tasks required to complete this agreement. Any costs incurred before the effective date of this Agreement, as described in paragraph 2 of this Agreement,are not reimbursable. Task 1. Operations of PumpoutServices: The Grantee's Contractor is responsible for ensuring that the pumpout vessels are operated according to the Project Description and will perform the work as described below. The Grantee's Contractor will submit signed monthly pumpout logs,specific to each pumpout vessel and broken down by service area, indicating: the name of the 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 a pumpout report. The Grantee shall keep the monthly pumpout logs as backup in accordance with the retention period set forth in the Agreement. Deliverables: To be submitted with each request for reimbursement: • A listing of costs related to the Grantee's Pumpout Program; DEP Agreement No. S0901,Attachment A,Page 3 of 4 • A copy of a pumpout report indicating the number of vessel pumpouts performed,including number of in-state vessels,out-of-state vessels,and quantity gallons pumped; • A summary of the number of registrations made that quarter; • A copy of the paid disposal receipt of sewage offloaded; • A link to the fully functioning registration website and documentation demonstrating proof of service of period of time for which reimbursement is being made; • A link to the SeaSync website with usemame and password,through which vessel pumpout activity records shall demonstrate proof of service for the quarter; • A copy of any Department approved brochures or other educational materials generated and distributed, along with the total print amount for the quarter; • A list of all the repairs and maintenance performed by the Maintenance Captain or third party that quarter;and, • A quarterly status report of project results based on the return on the State's investment Performance Standard: The Department's Grant Manager will review the deliverables to confirm that pumpout services and the quarterly reimbursement requests meet the requirements as described in the Scope of Services and Conditions and this task description. Upon review and approval of the required deliverables, the Payment Request Summary Form and required documents,the Department will process the request for reimbursement. Budget: Allowable costs for this task are for contractual services. Deliverables and request for payment may be submitted no more frequently than every 3 months. Note: Payment can be requested upon submission and review and approval of the deliverables_identified above. PROJECT TIMELINE AND BUDGET SUMMARY: The tasks must be completed and all deliverables received by the end of each task timeline. TaSlel fd M141,C::,' p x$, Lt.R �Tb. Na4W�aseed�$ :. 1 Contractual $100,000 November 1,2015 June 30,2016 Total Contradtial $11006 1. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 50901,Attachment A,Page 4 of 4 • ATTACHMENT B PAYMENT REQUEST SUMMARY FORM Grantee: Grantee's Grant Manager: Mailing Address: Payment Request No.: DEP Agreement No.: S0901 Date Of Request: Performance Period: Task/Deliverable Amount Task/Deliverable Requested:$ No.: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period] AMOUNT OF TOTAL MATCHING TOTAL CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS CUMULATIVE PAYMENT MATCHING REQUESTS FUNDS Salaries N/A N/A N/A N/A Fringe Benefits N/A N/A N/A N/A Travel(if authorized) N/A N/A N/A N/A Subcontracting: N/A N/A Contractual $ $ N/A N/A Equipment Purchases N/A N/A N/A N/A Supplies/Other Expenses N/A N/A N/A N/A Land N/A N/A N/A N/A Indirect N/A N/A N/A N/A TOTAL AMOUNT $ S N/A N/A TOTAL TASK/DELIVERABLE $ N/A BUDGET AMOUNT Less Total Cumulative Payment S N/A _Requests of: TOTAL REMAINING IN TASK S N/A GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEP Agreement No.S0901.Attachment B.Page I of2 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL TASK/DELIVERABLE BUDGET AMOUNT"line for the"AMOUNT OF THIS REQUEST'column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement). TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for(must agree with the current Grant Work Plan). GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the task on the "TOTAL TASK BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS Or line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF' from the "TOTAL TASK BUDGET AMOUNT'for the amount to enter on the"TOTAL REMAINING IN TASK'line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request(this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Enter the column total on the"TOTALS'line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the task you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the `LESS TOTAL CUMULATIVE PAYMENTS Or line for this column. Deduct the"LESS TOTAL CUMULATIVE PAYMENTS OF' from the"TOTAL TASK BUDGET AMOUNT' for the amount to enter on the "TOTAL REMAINING IN TASK'line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category for the task. Put the total of all on the line titled"TOTALS." The final report should show the total of all claims,first claim through the final claim,etc. Do not enter anything in the shaded areas. - GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services,Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP Agreement No.S0901,Attachment Is, Page 2 of2 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the 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. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds,the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017. Florida Administrative Code,regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes,for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference euide.htm DEP Agreement No, 50901,Attachment C,Page I of I • ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: S0901 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g.,copies of permits, photographs,etc.) This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0901 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. S0901,Attachment 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-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 1. In the event that the recipient expends$500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-I33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,will meet the requirements of this 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. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-I33, as revised,the cost of the audit must be paid from non-Federal resources (Le., 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 http://12.46.245.173/cfda/cfda.html. DEP Agreement No. 50901,Attachment E, Page I of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m),Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 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 https'//agps d Bfs.corn/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.Fl.us/Welcome/index.cfm, State of Florida's website at http://www.myforida.conV Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at httpf/www.state.fi.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to spec/any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-I 33,as revised,and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133,as revised,by or on behalf of the recipient directly to each of the following: DEP Agreement No. S0901,Attachment E,Page 2 of 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPS ingleAudit@depstate.tl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January I, 2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at httn://harvesteccensus.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(0. OMB Circular A-133,as revised. 2. Pursuant to Section .320(t), OMB Circular A-I33, 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 one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPS ingleAuditAdep.state.fl.us 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 one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleA uditadep.state.fi.us DEP Agreement No.50901,Attachment E,Page 3 of 5 • t 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 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 one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Electronically: FDEPSingleA uditndep.state.B.us 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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