08/17/2016 AgreementAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROECOUNTY,FLORIDA
DATE: September 23, 2016
TO: Mayte Santamaria
Senior Director, Planning and Environmental Resources
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller C✓
At the August 17, 2016, Board of County Commissioner's meeting the Board granted approval and
execution of the following Items:
H1 Approval of Grant No. 15085 (Agreement) between Monroe County (County) and
the Florida Fish anVW 16 nservation Commission (FWC) providing reimbursement fundin to t g County in an amo Exceed $70,278 for waterway marker replacements, in addition to Boatin
Improvement Fue (i.e. waterway marker)
d for channel marker and regulatory marker g
maintenance.
I6 Approval of Department of Environmental Protection (DEP) Contract No.MV -205 between
Monroe County (Cpurtfl and the DEP providing $500,000 in reimbursement funding to the County to
assist with funding`.the County's Mobile Vessel Pumpout Service (Pumpout Service) for one year of
operation from July 1, 2016 through June 30, 2017.
I7 Approval of Agreement No. MV -204 between Monroe County (County) and the Florida
Department of Environmental Protection (DEP) Clean Vessel Act (CVA) Program providing $172,350
in grant reimbursement funding to the County to assist with funding the County's Mobile Vessel
Pumpout Service (Pumpout Service) for one year of operation from July 1, 2016 through June 30, 2017.
The enclosures are not fully executed; they must be signed by FWC & DEP and forwarded to the Clerk
for finalization.
500 Whitehead Street Suite 101, 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 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
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'17
DEP AGREEMENT N MV -204
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTIf
GRANT AGREEMENT . /
FOR A&V — Z0 ( 4
CLEAN VESSEL ACT GRANT PROGRAM
PROJECT NO. CVA16 -786
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 500 Whitehead Street, Key West, FL 33040 (hereinafter referred to as the
"Grantee "), to conduct Clean Vessel Act Grant; CVA16 -786, 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 the 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:
1. TERMS OF AGREEMENT:
A. The Agreement shall be performed in accordance with 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.
B. The Grantee agrees to conduct the project known as the Clean Vessel Act Grant; CVA16 -786,
Monroe County Board of County Commissioners (hereinafter referred to as the "Service "), 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.
C. By executing this Agreement, the Department certifies that a site visit may be conducted by
Department personnel to verify and document that the Service activities and location of the
Service 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.
D. The Service performed under this Agreement shall be performed in conjunction with, not in lieu
of, the Service performed under DEP Contract No. MV -205. Recipient shall not be reimbursed
for any Service reported and compensated under this Agreement that is reported for compensation
under that contract or any other contract or agreement.
2. PERIOD OF AGREEMENT:
A. This Agreement shall begin July 1, 2016, and remain in effect until June 30, 2017, inclusive,
which shall also be the Service completion date. This Agreement may be amended from time to
time to provide additional services if additional funding is made available by the U.S. Fish and
Wildlife Service and /or the Legislature.
DEP Agreement No. MV -204 Page 1 of 18
B. The Grantee may claim allowable Service expenditures made on or after July 1, 2016, for
purposes of meeting its match requirement identified in paragraph 3.A.
3. FUNDING /CONSIDERATION/INVOICING•
A. As consideration for the Service 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 $172,350
towards the Total Service Cost of $229,800 as described in Attachment A, Scope of Work and
Conditions. The parties hereto understand and agree that this Agreement requires at least a 25%
match on the part of the Grantee. Therefore, the Grantee is responsible for providing $57,450 as
match in the form of cash or in -kind service.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible Service 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,
Grant Payment/Match Request 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.conVaadir /reference guide / All invoices for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof. The Grantee shall submit a final invoice to the Department no later than 60
calendar days following the Service completion date set forth in paragraph 2.A., to assure the
availability of funds for final payment. The Service performed pursuant to Attachment A must
be performed on or before the completion date of the Agreement, and the subsequent sixty -day
calendar period merely allows the Grantee to finalize invoices and backup documentation to
support the final payment request. Each payment request submitted shall document all matching
funds and /or match efforts (i.e., with in -kind services) provided during the period covered by each
request. No payment will be processed until the match requirement has been met. All match shall
meet the federal requirements established in 43 CFR, Part 12 and other federal statutory
requirements, as applicable. See table 3.E. below.
C. The 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:
Salaries/Wages — The Grantee may be reimbursed for documented hourly rate of pay or
multipliers (i.e., fringe benefits, overhead, indirect, and /or general and administrative
rates). List personnel involved, salary rates and hours spent on the Service in accordance
with Attachment A, Scope of Work and Conditions.
ii. Overhead/Indirect/General and Administrative Costs — 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 the Grantee 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.
a. Fringe Benefits (Employee Benefits) — Shall be calculated at the rate of up to 15%
of hourly rate.
b. Indirect Cost/General and Administrative Rates — Grantee will not be reimbursed
for indirect costs and/or general and administrative rates.
DEP Agreement No. MV -204 Page 2 of 18
iii. Contractual (Subcontractors) — If contractual services are set forth as an allowable
expenditure in Attachment A, reimbursement requests for payments to subcontractors
must be substantiated by copies of invoices with backup documentation identical to that
required from the Grantee. Subcontracts that involve payments for direct salaries shall
clearly identify the personnel involved, hourly rate of pay, and hours spent on the
Service. 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 Service 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 11 and any other
appropriate provisions of this Agreement which affect subcontracting
activities.
iv. Travel —The Grantee will not be reimbursed for travel expenses under the terms and
conditions of this Agreement.
V. Equipment — (Capital outlay costing $1,000 or more) — If equipment is set forth as an
allowable expenditure in Attachment A, reimbursement for the purchase of equipment is
subject to specific approval of the Department. Include copies of invoices or receipts to
document purchases, and a properly completed Attachment G, Equipment/Property
Summary Form.
vi. Rental/Lease of E uipment — If rental or lease of equipment is set forth as an allowable
expenditure in Attachment A, include copies of invoices or receipts to document
charges.
vii. Other Expenses — If other expenses are set forth as an allowable expenditure in
Attachment A, for example, materials, supplies, reproduction, and other expenses, they
must be documented by itemizing and including copies of receipts or invoices.
Additionally, independent of the Grantee's contract obligations to its subcontractor, the
Department shall not reimburse any of the following types of charges: cell phone usage,
attorney's fees, civil or administrative penalties, or handling fees, such as set percent
overages associated with purchasing supplies or equipment.
DEP Agreement No. MV -204 Page 3 of 18
D. 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 commencement of any work under this
Agreement. Written quotes shall be for items that are alike in function, operation and purpose. A
written explanation must be provided whenever the Grantee proposes the use of a vendor quoting
other than the lowest price. The Department may, by written notice, demand that the County
reject all quotes, and (the Department) may require additional documentation supporting the
anticipated Project costs. The Department shall make no reimbursement from grant funds until this
documentation has been provided and approved. Any purchase over $100,000 shall comply with
the procurement requirements described in 43 CFR 12.76.
E. 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.
For Federal Awards made PRIOR to December 26, 2014
Organization Type
Applicable Cost Principles
State, local or Indian tribal government.
OMB Circular A -87 (2 CFR 225)
Private non - profit organization other than an (1)
Requirements, Costs, Principals and
institution of higher education, (2) hospital, or (3)
OMB Circular A -122 (2 CFR 230)
organization named in OMB Circular A -122 as not
2 CFR Part 200 Uniform Administrative
subject to that circular.
Requirements, Costs, Principals and
Education Institutions
OMB Circular A -21 (2 CFR 220)
48 CFR Part 31, Contract Cost Principles
For - profit organization other than a hospital and an
and Procedures, or uniform cost
organization named in OMB A -122 as not subject
accounting standards that comply with
to that circular.
cost principles acceptable to the federal
For - profit organization other than a (1) hospital, or
agency.
For Federal Awards made AFTER December 26, 2014
Organization Type
Applicable Cost Principles
2 CFR Part 200 Uniform Administrative
State, local or Indian tribal government.
Requirements, Costs, Principals and
Audit Requirements for Federal Awards
Private non - profit organization other than an (1)
2 CFR Part 200 Uniform Administrative
institution of higher education, or (2) hospital.
Requirements, Costs, Principals and
Audit Requirements for Federal Awards
2 CFR Part 200 Uniform Administrative
Education Institutions
Requirements, Costs, Principals and
Audit Requirements for Federal Awards
48 CFR Part 31, Contract Cost Principles
For - profit organization other than a (1) hospital, or
and Procedures, or uniform cost
(2) educational institute.
accounting standards that comply with
cost principles acceptable to the federal
a enc .
F. 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.
DEP Agreement No. MV -204 Page 4 of 18
G. 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 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.
H. 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.USASpendina.gov Grant Recipients awarded a new Federal grant greater than or equal to
$25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to
provide the information necessary, over the life of this Agreement, for the Department to comply
with this requirement.
[. Prior written approval from the Department's Grant Manager shall be required for changes within
approved budget categories of up to 10% of the total budget amount. The Department Grant
Manager will transmit a copy of the written approval and revised budget to the Department
Procurement Office and the Department Contracts Disbursements Office for inclusion in the
Agreement file. Changes greater than 10% of the total approved budget will require a formal
Change Order to the Agreement. Changes that transfer funds from one cost category to another or
that increase or decrease the total funding amount will require a formal amendment to the
Agreement. No reimbursement will be made that exceeds the grant award amount. An increase in
funding or a completion date extension will require a formal written amendment to this
Agreement.
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. The parties hereto understand that this Agreement is not a
commitment of future appropriations. Authorization for continuation and completion of the Service and
payment associated therewith may be rescinded with proper notice at the discretion of the Department if
Legislative appropriations are reduced or eliminated. The Grantee acknowledges that receipt of this grant
does not imply nor guarantee that a federal, state or local permit will be issued for a particular activity.
DEP Agreement No. MV -204 Page 5 of 18
Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any
grant funded activity that may fall under applicable federal, state or local laws. In addition, the
Department's performance and obligation to pay under this Agreement is also contingent upon federal
funding appropriations and grants.
5. REPORTS AND PROGRAM REOUIREMENTS•
A. The Grantee shall submit progress reports, on the form provided as Attachment D, Progress
Report Form, on a quarterly basis until the Service completion, June 30, 2017, as identified in
paragraph 2.A. Progress reports shall describe the Service performed during each quarter from the
date of execution to the Service completion date, problems encountered, problem resolution,
schedule updates and proposed Service for the next reporting period. It is hereby understood and
agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending September
30, December 31, March 31 and June 30. Reports shall be submitted to the Department's Grant
Manager no later than thirty (30) calendar 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.
B. If required by Attachment A, the Grantee shall provide a quarterly pumpout report in accordance
with the requirements and timeframes set forth in Attachment A.
C. Pumpout facilities, pumpout vessels, or dump station Service will be provided free of charge or for
a fee not to exceed $5 per vessel. Fees greater than $5 require prior written cost justification
approval by the Department. If fees are collected, such proceeds shall be accounted for, and used
by the operator exclusively to defray operation and maintenance costs of the pumpout equipment
and associated materials. An accounting of all fees collected will be provided on the quarterly
pumpout report described above.
6. INDEMNIFICATION:
Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Section 768.28, Florida Statutes. 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 Agreement.
7. DEFAULT/TERMINATION/FORCE MA EURE•
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 or 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. Prior to termination, the Department shall provide thirty (30) calendar
days' written notice of its intent to terminate and shall provide the Grantee with 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. 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 Service 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 portion of the Service satisfactorily performed for which costs can be
substantiated.
C. Records made or received in conjunction with this Agreement are public records under Florida
law. Such records may also be subject to the Federal Freedom of Information Act. This
Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow
DEP Agreement No. MV -204 Page 6 of 18
public access to all documents, papers, letters, or other material made or received by the Grantee
in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I
of the State Constitution and Section 119.07(1)(a), Florida Statutes.
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 Service issued under this Agreement. Failure to
perform by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure
event.
E. 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 nature.
F. This Agreement may be terminated by the Department if the Grantee fails to comply with the
reporting requirements associated with this Agreement, any previous agreement, or any other
current agreement with the Department. In such an event, the Department may impose financial
consequences pursuant to Provision 8, below, under this and another other agreement.
8. REMEDIES/FINANCIAL CONSEOUENCES•
A. 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
Service 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 the specified timeframe, the Department may, in its sole
discretion, either: 1) terminate this Agreement for failure to perform subject to paragraph 7 of this
Agreement, 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 OAPs must be able to be implemented and
performed in no more than sixty (60) calendar days.
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.
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
DEP Agreement No. MV -204 Page 7 of 18
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.
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 this Agreement.
B. 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.
i. Temporarily withhold cash payments pending correction of the deficiency by the
Grantee.
ii. 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.
Wholly or partly suspend or terminate this Agreement.
iv. Withhold further awards for the Service or program.
V. Request return to the Department of any equipment purchased with grant funds that has
not been properly disposed of in accordance with the U.S. Office of the Secretary,
Department of Interior (DOI) equipment management requirements (43 CFR § 12.72).
vi. Take other remedies that may be legally available.
vii. 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.
a. 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 non - cancellable.
b. 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.
The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under federal Executive Orders 12549 and 12689.
C. The Department shall have the right to demand a refund, either in whole or part, of the funds
provided to the Grantee for noncompliance with the terms of this Agreement.
9. RECORD KEEPING /AUDIT:
DEP Agreement No. MV -204 Page 8 of 18
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 of Florida, 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 portion of the
Service 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.
D. 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.
10. 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 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of
Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at
(850) 245 -2361 to request a copy of the updated information.
B. The Grantee is hereby advised that the Federal and /or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit
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:
https:Happs.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.
11. SUBCONTRACTS:
A. The Grantee may subcontract the Service under this Agreement without the prior written consent
of the Department's Grant Manager except for certain fixed -price subcontracts pursuant to
paragraph 3.D. of this Agreement, which require prior approval.
B. Regardless of any subcontract, the Grantee is ultimately responsible for the Service to be
performed under this Agreement. The Grantee shall submit a copy of the executed subcontract to
DEP Agreement No. MV -204 Page 9 of 18
the Department within ten (10) calendar days after execution. The Grantee agrees to be
responsible for the fulfillment of all Service 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.
C. The Department 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.
D. 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.
E. This Agreement is neither intended to 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.
F. This Agreement is an exclusive grant and may not be assigned in whole without the written
approval of the Department.
12. 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:
i. 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
solicitation document that any applicable local ordinance or regulation does not include any
preference that is prohibited by Paragraph A.
13. LOBBYING PROHIBITION:
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 this Agreement is for more than $100,000 and 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
DEP Agreement No. MV -204 Page 10 of 18
cooperative agreement, the Grantee shall complete and submit Attachment F, Standard Form -
LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof, if
applicable), in accordance with the instructions. If this Agreement is for $100,000 or less, this
Attachment shall not be required and shall be intentionally excluded from this Agreement.
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. 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.
14. COMPLIANCE WITH LAW:
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. For all
agreements executed prior to January 1, 2017 and greater than $150,000, this Agreement, all subcontracts
under this Agreement over $150,000, and all employees working under this Agreement or associated
subcontracts, are subject to the whistleblower rights and remedies in the pilot program on award recipient
employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense
Authorization Act for Fiscal Year 2013 (P.L. 112 -239). The Grantee shall inform its employees working
under this Agreement in writing, in the predominant language of the workforce, of the employee
whistleblower rights and protections under 41 U.S.C. 4712. This requirement shall only be applicable
through January 1, 2017.
15. 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.
16. CONTACTS:
The Department's Grant Manager (which may also be referred to as the Department's Project Manager) at
the time of execution for this Agreement is identified below.
Jessica Chui or Successor
Florida Department of Environmental Protection
Office of Sustainable Initiatives
3900 Commonwealth Boulevard, MS #30
Tallahassee, Florida 32399 -3000
Telephone No.: 1 (850 245 -2846
DEP Agreement No. MV -204 Page 11 of 18
Fax No.:
(866) 340 -4683
E -mail Address:
I Jessica. Chui @ dep. state.fl.us
The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) at the time
of execution 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
Changes to the above initial grant managers may be accomplished by either party by written notice, such as
email or letter, to the other party.
17. INSURANCE:
To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and
categories specified below, during the life of this Agreement. The Grantee shall provide documentation of
any private insurance or self - insurance, as may be applicable to governmental entities, to the Department's
Grant Manager prior to performance of any aspect of the Service pursuant to this Agreement.
A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its
employees connected with the Service and, in case any part of the Service 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. Any self - insurance program or insurance coverage shall comply fully with the Florida
Workers' Compensation law. In case any class of employees engaged in hazardous work under
this Agreement is not protected under Workers' Compensation statutes, the Grantee shall
provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of the County's or subcontractor's respective employees not
otherwise protected.
B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure
and maintain, Commercial General Liability insurance including bodily injury and property
damage. The minimum limits of liability shall be $200,000 each individual's claim and
$300,000 each occurrence. This insurance will provide coverage for all claims that may arise
from the Service and /or operations completed under this Agreement, whether such Service
and /or operations are by the Grantee or any of its subcontractors. Such insurance shall include
the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal
Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement.
C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure
and maintain, Commercial Automobile Liability insurance for all claims which may arise from
the Service and /or operations under this Agreement, whether such Service and /or operations are
by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the
Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund,
as Additional Insureds for the entire length of the Agreement. The minimum limits of liability
shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company -Owned Vehicles, if
applicable
DEP Agreement No. MV -204 Page 12 of 18
$300,000 Hired and Non -owned Automobile Liability Coverage
D. If any aspect of the Service proceeds over or adjacent to water, the Grantee shall secure and
maintain, as applicable, any other type of required insurance, including but not limited to Jones
Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's
compensation insurance, and any necessary watercraft insurance, with limits of not less than
$300,000 each. In addition, the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the Service specified in Attachment A, Scope of
Work and Conditions. Questions concerning required coverage should be directed to the U.S.
Department of Labor (http://www.dol.gov/owcp/dlhwc/Iscontac.htm or to the parties' insurance
carriers.
E. All insurance policies shall be with insurers licensed or eligible to do business in the State of
Florida. The Grantee's current certificate of insurance shall contain a provision that the
insurance will not be canceled for any reason except after thirty (30) calendar days' written
notice (with the exception of non - payment of premium which requires a 10- calendar -day notice)
to the Department's Procurement Administrator. In addition, the Grantee shall include these
requirements in any sub grant or subcontract issued for the performance of the Service specified
in Attachment A, Scope of Work and Conditions.
F. If the Grantee is a Florida governmental entity that is self - funded for liability insurance, then
this paragraph 17.F. supersedes paragraphs 17.A. through 17.E., above.
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.
18. 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 Service required.
19. EQUIPMENT:
Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and
conditions of this Agreement, unless otherwise expressly authorized in writing by the Department.
20. CHANGE ORDERS:
A. The Department may at any time, by written order designated to be a Change Order, make any
change in the Service 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) calendar days after the
change 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.
21. UNAUTHORIZED EMPLOYMENT:
DEP Agreement No. MV -204 Page 13 of 18
The employment of unauthorized aliens by any Grantee /subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act ( "Act "). If the Grantee /subcontractor knowingly employs
such unauthorized aliens, such violation of the Act 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.
22. DISCRIMINATION
A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Agreement.
B. Facilities or programs funded in whole or in part by program funds shall be made available to the
general public of all of the member counties on a non - exclusive basis without regard to race, color,
religion, age, sex or similar condition.
C. 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.
23. AMERICANS WITH DISABILITIES ACT:
A. Grantee agrees to comply with the Americans With Disabilities Act (42 USC § 12101, et seg.),
where applicable, which prohibits discrimination by public and private entities on the basis of
disability in the areas of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
B. Grantee must identify any products that may be used or adapted for use by visually,
hearing, or other physically impaired individuals.
24. DEBARMENT /SUSPENSION:
In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400), the Grantee agrees
and 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 certify before entering 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.
The prospective lower tier participant shall certify it is not excluded or disqualified by, (a) Checking SAM
Exclusions; or (b) Collecting a certification from that person; or (c) Adding a clause or a condition to the
covered transaction with that person, and 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 Service under this Agreement.
25. COPYRIGHT, PATENT AND TRADEMARK:
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:
DEP Agreement No. MV -204 Page 14 of 18
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.
26. LAND ACQUISITION
Land acquisition is not authorized under the terms of this Agreement.
27. CONTRACT PROVISIONS:
The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions
contained in Attachment H, Contract Provisions, attached hereto and made a part hereof. In addition, the
Grantee acknowledges that the applicable regulations listed in Attachment I, Regulations, attached hereto
and made a part hereof, shall apply to this Agreement.
28. PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect the Service
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 the
Service, 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 aspect of the Service 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.
29. PUBLIC RECORDS ACCESS
A. Grantee shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Agreement are public records under Florida law, as defined in
Section 119.011(12), F.S. Grantee shall keep and maintain public records required by the
Department to perform the Service under this Agreement.
B. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to
either provide to the Department upon request, or to allow inspection and copying of all public
records made or received by the Grantee in conjunction with this Agreement and subject to
disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.
C. If Grantee meets the definition of "Contractor" found in Section 119.0701(l)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with
a public agency and is acting on behalf of the public agency], then the following requirements
apply:
Pursuant to Section 119.070 1, F.S., a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department. If the Department
does not possess the requested records, the Department shall immediately notify the
Grantee of the request, and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time. If Grantee fails to
DEP Agreement No. MV -204 Page 15 of 18
provide the public records to the Department within a reasonable time, the Grantee may
be subject to penalties under s. 119. 10, F.S.
ii. Upon request from the Department's custodian of public records, Grantee shall provide
the Department with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law.
iii. Grantee shall identify and ensure that all public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following completion of
the Agreement if the Grantee does not transfer the records to the Department.
iv. Upon completion of the Agreement, Grantee shall transfer, at no cost to Department, all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement. If the Grantee transfers all
public records to the Department upon completion of the Agreement, the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements for
retaining public records. All records that are stored electronically must be provided to
Department, upon request from the Department's custodian of public records, in a format
that is accessible by and compatible with the information technology systems of
Department.
D. IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245 -2118 by email at
ombudsman@ dep.state.fl.us, or at the mailing address below:
Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
30. TERMINATION FALSE CERTIFICATION. SCRUTINIZED COMPANIES. BOYCOTTING
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section
287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for
applicable sub - agreements entered into for the performance of the Service under this Agreement. Pursuant
to Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the
Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the
Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or
engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection
287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become
inoperative.
DEP Agreement No. MV -204 Page 16 of 18
31. EXECUTION IN COUNTERPARTS:
This Agreement may be executed in two or more counterparts, each of which together shall be deemed an
original, but all of which together shall constitute one and the same instrument. In the event that any
signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such
signature shall create a valid and binding obligation of the party executing (or on whose behalf such
signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an
original thereof.
32. 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.
33. 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. MV -204 Page 17 of 18
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written
below.
MONROE COUNTY BOARD OF
COUNTY .dOMMIS-SIONERS
By:
AMY HEAVILIN, CLERK
STA'
Secretary or
DEPARTMEW OF
Print Name and Title
Io -1G - ;)CA6
Date
Approved as to form and legality:
By: MONROE COUNTY ATTORNEY
Peter H. Morris, Assistant County Attorney APPROVED AS TO FORM
FEID No. 59- 6000749
PETER MORRIS
ASSISTANT COORNEY
For Agreements with governmental boards /commissions: If someQBt*e than the signs this Agre ement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board /commission must accompany the Agreement.
List of attachments /exhibits included as part of this Agreement:
Specify
Letter/
Type
Number
Description (include number of pages)
Attachment
A
Scone of Work and Conditions (6 Pages)
Attachment
B
Grant Payment/Match Request Form (1 Page)
Attachment
C
Contract Payment Requirements (1 Page)
Attachment
D
Progress Report Form (1 Page)
Attachment
E
Special Audit Requirements (5 Pages)
Attachment
F
Disclosure of Lobbying Activities (2 Pages)
Attachment
G
Eguipment/Property Summary Form (1 Page)
Attachment
H
Contract Provisions (3 Pages)
Attachment
I
Regulations (1 Page)
DEP Agreement No. MV -204 Page 18 of 18
Monroe County Attorney
Approved as to Form and Legal Sufficiency:
ATTACHMENT A
Clean Vessel Act Grant Program
Scope of Work and Conditions
Monroe County Mobile Vessel Pumpout Service
PURPOSE
The primary goal of the Clean Vessel Act is to reduce overboard sewage discharge from recreational boats by
providing pumpout and dump stations for recreational boaters to dispose of human waste in an environmentally safe
manner. 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 program also
provides educational materials for boaters on the hazards of boater sewage, when applicable. The Clean Vessel
Grant Program may have received verification from the Department District Office that a site visit/permit
verification has been conducted.
The project is located at 500 Whitehead Street, Key West, FL 33040 ( "project site "), known as project Clean Vessel
Act Grant; CVA16 -786, Monroe County Board of County Commissioners.
The Grantee shall operate each pumpout facility, pumpout vessel, or dump station funded under this Agreement so
that it is open and available to the recreational boating public. Each pumpout facility, pumpout vessel, or dump
station shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the
period of time set forth in Paragraph 2.A. of the Agreement. The Grantee will conduct operations of the pumpout
facility, pumpout vessel, or dump stations in accordance with this Attachment A, which shall serve as the Pumpout
Station Operational Plan. Pumpout vessels are to be used solely for the collection and hauling of recreational boat
sewage.
PROJECT DESCRIPTION
The Grantee will contract with a contractor (Contractor) to provide the Monroe County Mobile Vessel Pumpout
Service (Service) to vessels located throughout unincorporated areas of Monroe County within the Florida Keys.
The Service will be provided to meet certain objectives as directed and established by the Monroe County Board of
County Commissioners that are consistent with the reduction or elimination of environmental impacts associated
with the illegal discharge of sewage from vessels, and to further enable compliance with regulations of the federal
No Discharge Zone established by the U.S. Environmental Protection Agency and no 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 Monroe 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 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.
DEP Agreement No. MV -204, Attachment A, Page I of 6
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.
The Grantee's Contractor will provide all personnel necessary to perform the work under this Agreement. All
personnel engaged in performing the Service under this Agreement shall be fully qualified, and, if required, be
authorized or permitted under State and local laws to perform such Service. Personnel shall not be employees of or
have any contractual relationship with the Grantee or the Department. Five (5) Pumpout Vessel Captains, one (1)
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 Service. 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.
DEP Agreement No. MV -204, Attachment A, Page 2 of 6
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.
Project Required Submittals and Requirements
The following documents are required submittals under this Agreement. Failure to provide any of the following in
the time frames provided may result in denial of reimbursement request. These provisions also represent
requirements under this Agreement that must be complied with for the term of this Agreement.
In addition to required documentation requesting reimbursement as provided in Paragraph 3 of the
Agreement, the Grantee shall, with the reimbursement request, submit all of the following:
A. A Sample Daily Pumpout Log which shall provide for daily logging of vessels pumped, total gallons
pumped per vessel, vessel registration, fees collected (if any), offloading locations, quantity and costs
(if any) and maintenance records. The actual daily logs are not required to be submitted to the
Department. However, Grantee must keep the logs as backup documentation for 5 years following the
project completion date.
B. The Grantee shall submit all of the Deliverables listed below beginning upon the first quarter of the
operations until the project completion date of June 30, 2017.
C. The Grantee shall submit a copy of executed subcontracts within 10 calendar days after execution in
accordance with Paragraph 11.A. of the Agreement.
TASKS/DELIVERABLES
The following is a schedule of tasks /deliverables and budget detail for the completion of the tasks required to
complete this project. Payment can be requested upon submission, review, and approval of the deliverables assigned
to each task.
Task 1.
Operations of Pumpout Service: 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 description.
• 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.
• 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.
DEP Agreement No. MV -204, Attachment A, Page 3 of 6
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 Quarterly Pumpout Report
listed in the below deliverables. Grantee shall keep the Monthly Pumpout Logs as backup 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 receipts for allowable costs;
• Vessel hull numbers provided for the vessels serviced and repaired;
• A copy of any outreach materials created for distribution;
• Quarterly Pumpout Report;
• Quarterly Summary of Allowable Expenses; and
• Log -in information for access to the Sea Sync monitoring data.
Performance Standard: The Department's Grant Manager will review the deliverables showing number of vessels
pumped and hours worked to confirm that the requirements in the Scope of Services and Conditions and this task
description are met.
Task Timeline: Beginning July 1, 2016, 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 1- Operations) include costs for:
Salaries:
• Pumpout Vessel Captains' salary and Maintenance Captain's salary $18.00/hour (total maximum of
$4,320.00 per week, based on six staff working an average of 40 hours each for 52 weeks (2080 hours)
for a total of $224,640 in salaries).
• 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, major cleaning (e.g. pressure washing
boat hulls, bottom painting).
Other Operational Costs:
Maintenance:
• Costs for outsourced scheduled preventative maintenance.
• 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 (1) 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.
DEP Agreement No. MV -204, Attachment A, Page 4 of 6
• Personal Protective Equipment including: safety glasses, sanitary gloves and sewage -proof protective
coverings (e.g. sewage protective jackets).
• Fenders and lines.
• Oil, rags and lubricants.
• Holding tank treatment.
• Batteries.
• Life Vests.
• Tools.
Docking:
• Docking and Vessel/Trailer/Truck storage fees.
Electronic equipment:
• 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:
• 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 (excluding GPS /GPS Chartplotters, VHF Radios, and monitoring devices), jackets, boots, clothing
not specific to sewage protection and equipment over $1,000. In addition, administrative salaries are not
reimbursable.
CVA BUDGET TABLE
DEP Agreement No. MV -204, Attachment A, Page 5 of 6
SALARIES BY TASK
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the
project as indicated below.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV -204, Attachment A, Page 6 of 6
Listed personnel, as listed below, shall be reimbursed for salary rates and hours spent on the project.
ATTACHMENT B
GRANT PAYMENT/MATCH REQUEST
Monroe County Board of MV -204 CVA16 -786
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 $
Construction
Renovation
Equipment Purchase
Equipment Installation
Operations _
Maintenance and Repair _
Sewage Hauling _
Pumpout Signage _
Education and Instructional _
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 -204. 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 -204, Attachment B, Page 1 of 1
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:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means. N/A under this Agreement.
(4) Other direct costs: Reimbursement will be made based on paid invoices /receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A- 1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
(5) In -house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable. N/A under this Agreement.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown. N/A under this Agreement.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http: / /www.fldfs.com/aadir /reference auide.htm
DEP Agreement No. MV -204, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
MV -204
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date.
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Identify below, and attach copies of, any relevant work products being submitted for the
project for this reporting period (e.g., copies of permits, photographs, etc.)
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
MV -204 and accurately reflects the activities and costs associated with the subject project.
Signature of Grantee's Grant Manager
Date
DEP Agreement No. MV -204, 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 ", 7DEP" 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.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A -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).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at httn:/ /12.46.245.173 /cfda/cfda.html.
DEP Contract No. MV -204, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 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.
In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General.
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: / /apps.fldfs.com/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.myflorida.com/ Department of Financial Services' Website at http: / /www.fldfs.com/ and the
Auditor General's Website at http: / /www.state.fl.us /audgen
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (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 -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 Contract No. MV -204, Attachment E, Page 2 of 5
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Electronically:
FDEPSingleAudit @dep.state. fl.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 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http: / /harvester.census. ovg /fac/
C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at 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:
FDEPSingleAudit @ dep. 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:
FDEPSingleAudit @ dep.state.fl.us
DEP Contract No. MV -204, Attachment E, Page 3 of 5
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 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:
FDEPSingleAudit @dep.state.fl.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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. MV -204, Attachment E, Page 4 of 5
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ATTACHMENT F Approved by OMB
0348 -0046
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
❑
❑
a. contract
a. bid/offer /application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
d. loan
For Material Change Only:
e. loan guarantee
f. loan insurance
year quarter
date of last report
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter Name
11 Prime El Subawardee
and Address of Prime:
Tier if known:
Congressional District, if known:
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 Entity
b. Individuals Performing Services (including address if
(if individual, last name, first name, MI):
different from No. IOa)
(last name, first name, MI):
(attach Continuation Sheet(s)
SF -LLLA, if necessary)
11. Information requested through this form is authorized by title 31 U.S.C.
Signature:
section 1352. This disclosure of lobbying activities is a material
print Name
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be reported to Congress
Title:
semi- annually and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil penalty of not
Telephone No.: Date:
less than $10,000 and not more than $100,000 for each such failure.
Federal Use Only:
Authorized for Local Reproduction
Standard Form — LLL (Rev 7 — 97)
DEP Agreement No. MV -204, Attachment F, Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, 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 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 a covered
Federal action. Complete all 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 appropriate classification of this report. If this is a followup report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by the 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 appropriate classification of the reporting entity that designates if it is or
expects to 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 organization filing 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 Federal agency making the award or loan commitment. Include at least one
organizational level 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 available for 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 entity 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 Paperwork Reduction 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 30 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, D.C. 20503.
DEP Agreement No. MV -204, Attachment F, Page 2 of 2
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ATTACHMENT H
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti- Kickback" Act (18 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 '/z 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.
i. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No. MV -204, Attachment G, Page 1 of 3
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
7. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall 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 -204, Attachment G, Page 2 of 3
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91 -190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93 -205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug -Free Workplace Act of 1988 (Public Law 100 -690, Title V, Sec. 5153, as amended by
Public Law 105 -85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003, 68 FR 66534), which require that the recipient take steps to provide a drug -free workplace.
22. Compliance with the Buy American Act (41 U.S.C. 10a -10c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this Agreement should be American -made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g).
24. Registrations and Identification Information, the Grantee agrees to maintain current
registration in the Central Contractor Registration ( www.ccr.gov ) System for Award Management
(SAM) at all times during which they have active project funded with these funds. A Dun and
Bradstreet Data Universal Numbering System (DUNS) Number ( www.dnb.com ) is one of the
requirements for registration in the Central Contractor Registration.
DEP Agreement No. MV -204, Attachment G, Page 3 of 3
ATTACHMENT I
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 lobbyin
43 C.F.R. 43
Government wide requirements for drug-free workplace
Other Federal Regulations
2 C.F.R. 1400
Sus pension 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
230)
Cost Principles for Non - Profit Organizations
A -133
Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV -204, Attachment H, Page 1 of 1