09/27/2017 AgreementC pt ¢ouar,
r
Kevin Madok, cPA
's' • Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: October 12, 2017
TO: Rich Jones, Sr. Administrator
Marine Resources
FROM: Pamela Hanc ck, .C.
SUBJECT: September 27th BOCC Meeting
Enclosed are three duplicate originals, of each of the below, for your handling.
E2 Department of Environmental Protection (DEP) Contract No. MV267 between Monroe County
(County) and DEP providing $500,000.00 in reimbursement funding to the County to assist with
funding the County's Mobile Vessel Pumpout Service for one year of operation from July 1, 2017
through June 30, 2018.
E3 Department of Environmental Protection (DEP) Agreement No. MV266 between Monroe
County (County) and DEP providing $180,000.00 in Clean Vessel Act reimbursement funding to the
County to assist with funding the County's Mobile Vessel Pumpout Service for one year of operation
from July 1, 2017 through June 30, 2018.
Please be sure to return a fully executed duplicate original of each of the above, for the record,
once signed by the state. Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
DEP AGREEMENT NO. MV266
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA CLEAN VESSEL ACT PROGRAM
GRANT AGREEMENT
PURSUANT TO THE U.S. FISH AND WILDLIFE SERVICE GRANT AWARD
PROJECT NO. CVA17 -818
THIS AGREEMENT is entered into pursuant to Section 215.971, Florida Statutes (F.S.), 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, Florida
33040 (hereinafter referred to as the "Grantee "), a local government, to provide financial assistance for Clean Vessel
Act Grant; CVA17 -818, Monroe County Board of County Commissioners, (hereinafter referred to as the "Project").
Collectively, the Department and the Grantee may also be referred to as "Parties" or individually as "Party."
WHEREAS, the Department is the recipient of federal financial assistance from the Department of Interior
(DOI), U.S. Fish and Wildlife Service (USFWS) through Grant Agreement No. F16AP01097 for the purposes of
administering Florida's Clean Vessel Act (CVA) Program pursuant to the federal Clean Vessel Act of 1992, Section
5604 (hereinafter the "Act "); and,
WHEREAS, in accordance with the CVA Grant Program (CFDA 15.616), the Grantee is a subrecipient of
CVA funds in order to conduct the Project which provides protection to sensitive areas and waterways from
recreational boat sewage; and
WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance
of its activities pursuant to this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
TERMS OF AGREEMENT:
A. The Agreement shall be performed in accordance with the Federal CVA Grant Program Guidelines
(50 Code of Federal Regulations (CFR) Parts 80 and 85) which are hereby incorporated by reference
as if fully set forth herein. 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. 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.
B. The Grantee agrees to conduct the Project, 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. If the Project includes the purchase and /or repair of equipment ($1,000 or more), then the Grantee
must make Project facilities available to the boating public for a minimum of five (5) years after the
Project completion date set forth in paragraph 2.A. of this Agreement.
D. In the event of a change in ownership, the Grantee is required to notify the Department in writing
of such change no later than ten (10) days after the change in ownership occurs, and the Grantee is
required to notify the new owner of this Agreement, the obligation to continue maintenance,
operations and reporting for the remaining life of this Agreement. The "Bill of Sale" or other official
document transferring ownership shall include these Agreement requirements. Any change in
ownership will require an amendment to this Agreement. Should the new owner refuse to assume
DEP Agreement No. MV266, Page 1 of 20
CVA 16 -17
the obligations as set forth in this Agreement, the original Grantee shall reimburse the Department
for the value of the equipment purchased under this Agreement as specified in 2 CFR §200.313.
E. Projects receiving federal funding must comply with the National Environmental Policy Act
(NEPA), which provides a framework for environmental analyses, reviews, and consultations.
NEPA's process "umbrella" covers a Project's compliance with all pertinent federal environmental
laws. By executing this Agreement, the Department certifies that a site visit has been conducted,
either pursuant to the application or when the permit was issued for the existing facility, when
applicable, by qualified Department personnel to verify and document that the Project activities and
location of the work described in Attachment A meet the categorical exclusion criteria under 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 appropriate documentation in its files, in
accordance with the conditions of the Department's source grant agreement with the USFWS.
F. The Service performed under this Agreement shall be performed in conjunction with, not in lieu of,
the Service performed under DEP Contract No. MV267. 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.
PERIOD OF AGREEMENT:
A. This Agreement shall begin upon execution by both Parties and shall remain in effect for a period
of five (5) years following the Project completion date in order for the Grantee to comply with the
reporting requirements identified in paragraph 5 of this Agreement. The Project completion date,
that is, the date by which all work under this Agreement must be completed, is August 30, 2018.
The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2017 through
the Project completion date.
B. The Grantee may claim allowable Project expenditures made on or after July 1, 2017 for purposes
of meeting its match requirement identified in paragraph 3.A.
3. FUNDING /CONSIDERATION /INVOICING:
A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the
Department shall pay the Grantee on a cost - reimbursement basis up to a maximum of $180,000.00
towards the Total Project Cost of $240,000.00 as described in Attachment A, Scope of Work and
Conditions. The Parties hereto understand and agree that this Agreement requires at least a twenty -
five percent (25 %) match on the part of the Grantee. Therefore, the Grantee is responsible for
providing $60,000.00 through cash or third party in -kind towards the work funded under this
Agreement. It is understood that any additional funds necessary for the completion of this Project
are the responsibility of the Grantee. This Agreement may be amended to provide for additional
services if additional funding is made available by the USFWS and /or the State of Florida
Legislature.
B. Prior written approval from the Department's Grant Manager shall be required for changes to this
Agreement.
A Change Order to this Agreement is required when task timelines within the current
authorized Agreement period change, and /or when the cumulative transfer of funds
between approved budget categories, as defined in Attachment A, are less than ten percent
(10 %) of the total budget as last approved by the Department. All Change Orders are
subject to the mutual agreement of both Parties as evidenced in writing.
ii. A formal Amendment to this Agreement is required for changes which cause any of the
following: an increase or decrease in the Agreement funding amount, a change in the
Grantee's match requirements, a change in the expiration date of the Agreement, and /or
DEP Agreement No. MV266, Page 2 of 20
CVA 16 -17
changes to the cumulative amount of funding transfers between approved budget
categories, as defined in Attachment A, exceeds or is expected to exceed ten percent (10 %)
of the total budget as last approved by the Department. All Amendments are subject to the
mutual agreement of both Parties as evidenced in writing.
C. The Grantee shall be reimbursed on a cost - reimbursement basis for all eligible Project costs upon
the completion, submittal and approval of each deliverable identified in Attachment A, in
accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B,
Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance
with laws, rules and regulations applicable to expenditures of State funds, including, but not limited
to, the Reference Guide for State Expenditures, which can be accessed at the following web address:
http: / /www.myfloridacfo.com /aadir /reference guide / All invoices for 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 the Project completion date set
forth in paragraph 2.A., to assure the availability of funds for final payment. All work performed
pursuant to Attachment A must be performed on or before the Project completion date. Each
payment request submitted shall document all matching funds and /or match efforts (i.e., with in-
kind services) providing during the period covered by each request. All match shall meet the federal
requirements established in 2 CFR §200.306 and other federal statutory requirements, as applicable.
The final payment will not be processed until the match requirement has been met.
D. 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
(Attachment B) shall be accompanied by supporting documentation and other requirements as
follows for each deliverable. Reimbursement and /or allowable match shall be limited to the
following budget categories:
Salaries /Wages — The Grantee shall not be reimbursed for and cannot claim match for
salaries /wages under the terms and conditions of this Agreement.
Overhead /Indirect /General and Administrative Costs — The Grantee shall not be
reimbursed for and cannot claim match for any multipliers (i.e., fringe benefits, overhead,
indirect, and /or general and administrative rates) under the terms and conditions of this
Agreement, and this restriction shall apply to all subcontractors and lower tier transactions.
iii. Contractual Services (Subcontractors) — Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup documentation
identical to that required from the Grantee. Additionally, the Grantee may document these
expenditures for meeting its match requirements. Subcontracts that involve payments for
direct salaries shall clearly identify the personnel involved, hourly rate of pay, and hours
spent on the Project. No multipliers (listed above and including, but not limited to,
healthcare costs, retirement benefits, FICA, etc.) are authorized under the terms and
conditions of this Agreement. Nonexpendable and /or nonconsumable personal property or
equipment costing $1,000 or more purchased for the purposes of completing the Project
under a subcontract is subject to the requirements set forth in 2 CFR Part 200, Chapters
273 and /or 274, F.S., and Chapter 69I -72, F.A.C. and /or Chapter 691 -73, F.A.C., as
applicable. The Grantee shall be responsible for maintaining appropriate property records
for any subcontracts that include the purchase of equipment as part of the delivery of
services. The Grantee shall comply with this requirement and ensure its subcontracts issued
under this Agreement, if any, impose this requirement, in writing, on its subcontractors.
For fixed -price (vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed -price subcontracts to
consultants /contractors in performing the work described in Attachment A.
DEP Agreement No. W266, Page 3 of 20
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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 14 and any other
appropriate provisions of this Agreement which affect subcontracting activities.
iv. Travel — The Grantee shall not be reimbursed for and cannot claim match for travel
expenses under the terms and conditions of this Agreement.
Equipment (Capital outlay costing $1,000 or more) The Grantee shall not be reimbursed
for and cannot claim match for direct purchase of equipment under the terms and conditions
of this Agreement.
vi. Rental /Lease of Equipment — The Grantee shall not be reimbursed for and cannot claim
match for the rental or lease of equipment under the terms and conditions of this
Agreement.
vii. Miscellaneous /Other Expenses — For example, materials, supplies, reproduction, signage,
educational and instructional materials, and other allowable expenses must be documented
by itemizing and including copies of receipts or invoices. The Grantee may also document
these expenditures for meeting its match requirements. Additionally, independent of the
Grantee's contract obligations to its subcontractor, the Department shall not reimburse or
allow as match 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.
E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department
will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost
allocation guidelines), as appropriate. This information, when requested, must be provided within
thirty (30) calendar days of such request. The Grantee may also be required to submit a cost
allocation plan to the Department in support of its multipliers (overhead, indirect, general
administrative costs, and fringe benefits), if applicable. State guidelines for allowable costs can be
found in the Department of Financial Services' Reference Guide for State Expenditures; allowable
costs and uniform administrative requirements for Federal Programs can be found under 2 CFR Part
200 and 2 CFR Part 1402, at liup: / / www.ecfr.eov .
F. For the purchase of goods or services costing more than $2,500 and less than $35,000 the Grantee
shall obtain at least two (2) 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 has the right to reject all quotes and 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. For any
DEP Agreement No. MV266, Page 4 of 20
CVA 16 -17
purchase over $35,000 and less than the current federal simplified acquisition threshold, as set forth
in the Federal Acquisition Regulations, 48 CFR §2.101, the Grantee shall follow its own
documented procurement methods, available upon request, to ensure a reasonable and fair price in
accordance with 2 CFR §200.320 and the intent of 287.057, F.S. The purchase of goods or services
costing more than the current federal simplified acquisition threshold must be conducted in
accordance with 2 CFR §200.320(c) -(f).
G. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. For purposes of this Agreement, the following cost principles are
incorporated by reference.
Organization Type
Applicable Cost Principles
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, (2) hospital, or (3)
Requirements, Costs, Principals and
organization named in 2 CFR Part 200, Appendix
Audit Requirements for Federal Awards
VIII.
2 CFR Part 200 Uniform Administrative
Education Institutions
Requirements, Costs, Principals and
Audit Requirements for Federal Awards
For - profit organization other than a (1) hospital, or
48 CFR Part 31, Contract Cost Principles
2) educational institute.
I and Procedures
H. Pursuant to 2 CFR §200.322, any State agency or agency of a political subdivision of a State and its
contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247
that contain the highest percentage of recovered materials practicable, consistent with maintaining
a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials identified
in the EPA guidelines.
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.
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
DEP Agreement No. MV266, Page 5 of 20
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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.
Because of the federal funds awarded under this Agreement, the Grantee 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.USASpendine.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.
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 and the availability of funding and grants from the USFWS. The Parties
hereto understand that this Agreement is not a commitment of future appropriations. Authorization for
continuation and completion of work and payment associated therewith may be rescinded with proper notice
at the discretion of the Department, if State of Florida 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. 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 REQUIREMENTS:
A. The Grantee shall submit progress reports, on the form provided as Attachment D, Progress
Report Form, on a quarterly basis until the Project completion date identified in paragraph 2.A.
Progress reports shall describe the work performed during each quarter from the date of execution
to the Project completion date, problems encountered, problem resolution, schedule updates and
proposed work for the next reporting period. It is hereby understood and agreed by the Parties that
the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and
December 31. Reports shall be submitted to the Department's Grant Manager no later than fifteen
(15) 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. Some CVA- funded projects have a five (5) year reporting requirement. If required by Attachment
A, the Grantee shall provide a quarterly pumpout report (available online at:
http: / /www.dep. state. fl .us /cIeanlnarina/CVA /quarterly pumpout.litm and hereby incorporated by
reference) in accordance with the requirements and timeframes set forth in Attachment A.
C. Pumpout facilities, pumpout vessels, or dump station services 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 pumpout fees are collected, such proceeds shall be accounted for,
and must be deducted from any reimbursement requests submitted by the Grantee for expenses
associated with conducting operations and maintenance activities. An accounting of all fees
collected will be provided on the quarterly pumpout report described above.
D. If the direct and /or indirect purchase of equipment is authorized under paragraph 22 of this
Agreement, then the Grantee shall comply with the property management requirements set forth in
2 CFR §200.313. An inventory of all personal property /equipment purchased under this Agreement
DEP Agreement No. MV266, Page 6 of 20
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shall be completed at least once every two (2) years and submitted to the Department's Grant
Manager no later than January 31 for each year this Agreement is in effect. A final inventory report
shall be submitted to the Department at the end of the Agreement.
6. RETAINAGE:
Retainage is not required under this Agreement.
PROJECT COMPLETION CERTIFICATION:
Project completion means the Project is open and available for use by the public. Project must be designated
complete prior to release of final reimbursement. In order to certify completion, the Grantee shall submit a
completed and signed Pumpout Project Certification of Completion (available online at
http: / /www.dep. state. fl. us /cleanmarina/CVA /documents /certificate completion.pdf and hereby
incorporated by reference) with final invoice to the Department.
8. PROGRAM CREDITING AND SIGNAGE:
The Grantee should display the appropriate pumpout symbol on facilities, such as pumpout and portable toilet
dump stations, or on printed material or other visual representations relating to Project accomplishments or
education/information (50 CFR §85.43 and 50 CFR §85.47). Signage specifications, crediting text and links
to required logos can be found online: http: / /www.dep. state. fl. us /cleanmarina /CVA /siQns.htm
A. If specified in Attachment A, the following signage is required:
One (1) three -foot (3') by four -foot (4') sign of the International Pumpout Symbol to be
located on a dock or on land facing the waterway and clearly visible to boaters.
One (1) informational sign, to be posted in a clearly visible location adjacent to the
pumpout equipment, must state: fees, restrictions, hours of operation, operating
instructions, an operator name and phone number, emergency phone numbers for reporting
service problems, and include the following statement:
"Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection."
B. If required by Attachment A, all other printed materials or visual representations related to the
Project, including education and instructional materials shall include the following statement:
"Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection."
9. 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.
10. DEFAULT/TERMINATION /FORCE MAJEURE:
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
DEP Agreement No. MV266, Page 7 of 20
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notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30) calendar days written notice. If the Department terminates the Agreement for convenience, the
Department shall notify the Grantee of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated. If the
Agreement is terminated before performance is completed, the Grantee shall be paid only for that
work satisfactorily performed for which costs can be substantiated.
C. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement, the Grantee shall promptly notify the Department orally.
Within seven (7) calendar days, the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to minimize the delay and the
Grantee's intended timetable for implementation of such measures. If the Parties agree that the
delay or anticipated delay was caused, or will be caused by a force majeure, the Department may,
at its discretion, extend the time for performance under this Agreement for a period of time equal to
the delay resulting from the force majeure upon execution of an amendment to this Agreement.
Such agreement shall be confirmed by letter from the Department accepting, or if necessary,
modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial
disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion,
failure to receive timely necessary third -party approvals through no fault of the Grantee, and any
other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably
within the control of the Grantee and/or the Department. The Grantee is responsible for the
performance of all services issued under this Agreement. Failure to perform by the Grantee's
consultant(s) or subcontractor(s) shall not constitute a force majeure event.
D. This Agreement may be terminated by the Department if written confirmation is received from the
Grantee that the pumpout vessel or the pumpout equipment has been destroyed by an act of nature.
E. This Agreement may be terminated by the Department if the Grantee fails to comply with the
reporting requirements associated with this Agreement, as specified in paragraph 5 of this
Agreement, or any previous and /or other current agreement with the Department. The Department
shall apply any and all financial consequences and /or legal remedies available under the CVA
program and /or in law for violations of the reporting requirements.
11. REMEDIESIFINANCIAL CONSEQUENCES:
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
services needed for submittal of a satisfactory deliverable, at no additional cost to the Department,
within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable
is not submitted within the specified timeframe, the Department may, in its sole discretion, either:
1) terminate this Agreement for failure to perform subject to paragraph 10 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 CAPS must be able to be implemented and performed in no more than sixty
(60) 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
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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 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.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in
the performance of the Agreement as specified by the Department may result in termination
of the Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above, as permitted by the Agreement.
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.
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.
iii. Wholly or partly suspend or terminate this Agreement.
iv. Withhold further awards for the Project 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 federal property management
requirements set forth in 2 CFR Part 200, Subpart D (§ §200.310 through 200.309).
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.
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 Presidential Executive Orders 12549 and 12689.
DEP Agreement No. MV266, Page 9 of 20
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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.
12. RECORD KEEPING /AUDIT:
A. The Grantee shall maintain books, records and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied.
The Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives
shall have access to such records for audit purposes during the term of this Agreement and for five
(5) years following Agreement completion. In the event any work is subgranted or subcontracted,
the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access
to such records for audit purposes.
B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record
retention period established above, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved and final action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five (5)
years following final disposition.
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.
E. The rights of access in this paragraph are not limited to the required retention period but last as long
as the records are retained.
13. 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 Grant Manager listed in paragraph 19 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 2 CFR §200.330 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:\ \apps. fldfs.corn \fsaa
C. The Grantee should confer with its chief financial officer, audit director or contact the Department
for assistance with questions pertaining to the applicability of these requirements.
14. SUBCONTRACTS:
DEP Agreement No. MV266, Page 10 of 20
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A. The Grantee may subcontract work 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, and except for those sub - grants or sub - contracts referenced in paragraph 14.C.,
which require prior approval. The Grantee shall submit a copy of the executed subcontract to the
Department within ten (10) days after execution. Regardless of any subcontract, the Grantee is
ultimately responsible for all work performed under this Agreement. The Grantee agrees to be
responsible for the fulfillment of all work elements included in any subcontract and agrees to be
responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the Grantee that the Department shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the
subcontractor for all expenses and liabilities incurred under the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
B. The Grantee agrees to comply with the procurement requirements contained in 2 CFR §200.317
through 2 CFR §200.326 for its selection of subcontractors, with the exception of the procurement
thresholds, which are provided in paragraph 3.F of this Agreement.
C. The Grantee and /or the subcontractor shall not sub -grant or sub - contract any part of the approved
project to any agency or employee of the U.S. Department of Interior (DOI) and /or other Federal
department, agency, or instrumentality without the Department's prior written approval.
D. The Department of Environmental Protection supports diversity in its procurement program and
requests that all subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the
State of Florida. A list of minority-owned firms that could be offered subcontracting opportunities
may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915.
E. In accordance with 2 CFR §200.321, the Grantee and its subcontractors must take all necessary
affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus
areas firms are used when possible. The DOI encourages non - federal entities to utilize small
businesses, minority business enterprises and women's business enterprises in contracts under
financial assistance awards. The Grantee and its subcontractors may use the services and assistance,
as appropriate, of such organization as the Small Business Administration ( https: / /www.sba.gov
and the Minority Business Development Agency (MBDA) within the Department of Commerce
( http://www.nibda.izov ).
15. 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
iii. 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.
DEP Agreement No. MV266, Page 11 of 20
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16. PROHIBITED GOVERNMENTAL ACTIONS FOR PUBLIC WORKS PROJECTS:
Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are
prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers
and prohibited from restricting qualified bidders from submitting bids.
A. "Political subdivision" means separate agency or unit of local government created or established by
law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city,
town, or other municipality; or a department, commission, authority, school district, taxing district,
water management district, board, public corporation, institution of higher education, or other public
agency or body thereof authorized to expend public funds for construction, maintenance, repair or
improvement of public works.
B. "Public works project' means an activity of which fifty percent (50 %) or more of the cost will be
paid from state - appropriated funds that were appropriated at the time of the competitive solicitation
and which consists of construction, maintenance, repair, renovation, remodeling or improvement of
a building, road, street, sewer, storm drain, water system, site development, irrigation system,
reclamation project, gas or electrical distribution system, gas or electrical substation, or other
facility, project, or portion thereof that is owned in whole or in part by any political subdivision.
C. Except as required by federal or state law, the state or political subdivision that contracts for a public
works project may not require that a contractor, subcontractor or material supplier or carrier engaged
in such project:
i. Pay employees a predetermined amount of wages or prescribe any wage rate;
ii. Provide employees a specified type, amount, or rate of employee benefits;
iv. Control, limit, or expand staffing; or
V. Recruit, train, or hire employees from designated, restricted, or single source.
D. For any competitive solicitation that meets the criteria of this section, the state or political
subdivision that contracts for a public works project may not prohibit any contractor, subcontractor,
or material supplier or carrier able to perform such work who is qualified, licensed, or certified as
required by state law to perform such work from submitting a bid on the public works project, except
for those vendors listed under Section 287.133 and Section 287.134, F.S.
E. Contracts executed under Chapter 337, F.S. are exempt from these prohibitions.
17. LOBBYING PROHIBITION:
The Grantee agrees to comply with and include in subcontracts and subgrants, the following provisions:
A. The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any
organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal
funds through an award, grant (and /or subgrant) or loan unless such organization warrants that it
does not, and will not engage in lobbying activities prohibited by the Act as a special condition of
such an award, grant (and /or subgrant), or loan. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
B. 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
DEP Agreement No. MV266, Page 12 of 20
CVA 16 -17
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.
C. The Grantee certifies that no funds provided under this Agreement have been used or will be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
D. Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Grantee is hereby prohibited from using
funds provided by this Agreement for membership dues to any entity or organization engaged in
lobbying activities.
E. 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
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, then Attachment F
shall not be required and shall be intentionally excluded from this Agreement.
F. In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the State of Florida 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.
18. 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.
19. 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. Any and all notices required by this Agreement shall be delivered to
the Parties at the addresses identified under paragraph 19.
20. 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.:
850) 245 -2849
Fax No.:
1 (866) 340 -4683
DEP Agreement No. MV266, Page 13 of 20
CVA 16 -17
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.
Richard Jones or Successor
Monroe County Board of County Commissioners
2798 Overseas Highway, Suite 420
Marathon, Florida 33050,
Telephone No.:
305 289 -2805
Fax No.:
305 289 -2536
E -mail Address:
Jones -Rich monroecount -fl. ov
In the event the Department's or the Grantee's Grant Manager changes, written notice by electronic mail with
acknowledgement by the other party will be acceptable. Any subsequent Change Order or Amendment
pursuant to paragraph 3.13 should include the updated Grant Manager information.
21. INSURANCE:
A. Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall
maintain insurance coverage of such types and with such terms and limits described below. The
limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting
the Grantee's liability and obligations under the Agreement. All insurance policies shall be through
insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide
coverage through a self - insurance program established and operating under the laws of Florida.
Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,
however the minimum insurance requirements applicable to this Agreement are:
Commercial General Liability Insurance
The Grantee shall provide adequate commercial general liability insurance coverage and
hold such liability insurance at all times during the Agreement. The Department of
Environmental Protection, its employees, and officers shall be named as an additional
insured on any general liability policies. The minimum limits shall be $200,000 each
individual's claim and $300,000 each occurrence.
ii. Workers' Compensation and Employer's Liability Coverage
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S.,
and employer's liability insurance with minimum limits of $100,000 per accident,
$100,000 per person, and $500,000 policy aggregate. Such policies shall cover all
employees engaged in any work under the Agreement.
iii. Commercial Automobile Insurance
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain
automobile liability, bodily injury, and property damage coverage. Insuring clauses for
both bodily injury and property damage shall provide coverage on an occurrence
basis. The Department of Environmental Protection, its employees, and officers shall be
named as an additional insured on any automobile insurance policy. The minimum limits
shall be as follows:
$300,000 Automobile Liability Combined Single Limit for Company -
Owned Vehicles, if applicable
$300,000 Hired and Non -owned Automobile Liability Coverage
iv. Other Insurance
Additional insurance may be required by federal law, where applicable, if any work
proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's
DEP Agreement No. MV266, Page 14 of 20
CVA 16 -17
and Harbor Worker'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. Questions concerning required coverage should be directed to the U.S. Department
of Labor ( http: / /www.do l.gov /owcp /dlhwc /Iscontac.htm) or to the parties' insurance
carrier.
B. Insurance Requirements for Sub - Grantees and/or Subcontractors The Grantee shall require its sub -
grantees and /or subcontractors, if any, to maintain insurance coverage of such types and with such
terms and limits as described in this Agreement. The Grantee shall require all its sub - grantees and /or
subcontractors, if any, to .make compliance with the insurance requirements of this Agreement a
condition of all contracts that are related to this Agreement. Sub - grantees and /or subcontractors
must provide proof of insurance upon request.
C. Exceptions to Additional Insured Requirements If the Grantee's insurance is provided through an
insurance trust, the Grantee shall instead add the Department of Environmental Protection, its
employees, and officers as an additional covered party everywhere the Agreement requires them to
be added as an additional insured. Further, notwithstanding the requirements above, if Grantee is
self - insured, then the Department of Environmental Protection, its employees, and officers do not
need to be listed as additional insureds.
D. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money
representing a deductible in any insurance policy. The payment of such deductible shall be the sole
responsibility of the Grantee providing such insurance.
E. Proof of Insurance. Upon execution of this Agreement, the Grantee shall provide the Department
documentation demonstrating the existence and amount for each type of applicable insurance
coverage prior to performance of any work under this Agreement. Upon receipt of written request
from the Department, the Grantee shall furnish the Department with proof of applicable insurance
coverage by standard form certificates of insurance, a self - insured authorization, or other
certification of self - insurance.
F. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer
for any reason, the Grantee shall immediately notify the Department of such cancellation and shall
obtain adequate replacement coverage conforming to the requirements herein and provide proof of
such replacement coverage within ten (10) calendar days after the cancellation of coverage.
22. CONFLICT OF INTEREST:
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict
in any manner or degree with the performance of services required.
23. EQUIPMENT:
Reimbursement for direct or indirect equipment purchases costing $1,000 or more is not authorized under
the terms and conditions of this Agreement. Attachment G, Property Reporting Form, is not applicable
and shall be intentionally excluded.
24. UNAUTHORIZED EMPLOYMENT:
The employment of unauthorized aliens by any Grantee /subcontractor is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the Grantee /subcontractor knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee
shall be responsible for including this provision in all subcontracts with private organizations issued as a
result of this Agreement.
25. QUALITY ASSURANCE REQUIREMENTS:
DEP Agreement No. MV266, Page 15 of 20
CVA 16 -17
If the Grantee's Project involves environmentally - related measurements or data generation, the Grantee shall
develop and implement quality assurance practices consisting of policies, procedures, specifications,
standards, and documentation sufficient to produce data of quality adequate to meet Project objectives and
to minimize loss of data due to out -of- control conditions or malfunctions. All sampling and analyses
performed under this Agreement must conform with the requirements set forth in Chapter 62 -160, F.A.C.,
as may be amended from time to time, and the Quality Assurance Requirements for Department Agreements,
attached hereto and made part hereof as Attachment H, Quality Assurance Requirements for Contracts
and Grants, if applicable. If the Project does not involve environmentally - related measurements or data
generation, this Attachment shall not be required and shall be intentionally excluded.
26. DISCRIMINATION:
A. The Grantee agrees to comply with the provisions of 43 CFR Part 17 "Nondiscrimination in
Federally Assisted Programs of the Department of Interior." 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 that receive federal financial assistance, may not, directly or through
contractual or other arrangements, deny service or accessibility based on the grounds of race, color,
national origin, disability, or age.
C. 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. Upon certification of completion the Project shall be readily
accessible, on a non - exclusive basis, to the general public without regard to age, sex, race, physical
handicap, or other conditions, and without regard to residency of the user in another political
subdivision.
D. 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.
E. 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.
Grantee must identify any products that may be used or adapted for use by visually, hearing,
or other physically impaired individuals.
27. DEBARMENT /SUSPENSION:
In accordance with Presidential Executive Order 12549, Debarment and Suspension (2 CFR Part 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.
DEP Agreement No. MV266, Page 16 of 20
CVA 16 -17
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 work under this Agreement
28. COPYRIGHT, PATENT AND TRADEMARK:
The USFWS and the Department, reserve a royalty -free, nonexclusive, and irrevocable license to reproduce,
publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant.
B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with
grant support.
29. LAND ACOUISITION:
Land acquisition is not authorized under the terms of this Agreement.
30. CONTRACT PROVISIONS AND REGULATIONS:
The Grantee agrees to comply with, and include as appropriate in subcontracts and subgrants, the provisions
contained in Attachment I, Contract Provisions for DOI- Funded Agreements, attached hereto and made
a part hereof.
31. PHYSICAL ACCESS AND INSPECTION:
As applicable, Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement with reasonable notice and during normal business hours, including by any
of the following methods:
A. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
B. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and
C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
32. PUBLIC RECORDS REQUIREMENTS
A. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department in
its performance of services under the Agreement, the Grantee must allow public access to all
documents, papers, letters, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received by the Grantee in conjunction with the Agreement (Public
Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section l 19.07(1), F.S.
B. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow public
access to Public Records as required by law.
C. For the purposes of this paragraph, the term "contract" means the "Agreement." If the Grantee is a
"contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply:
DEP Agreement No. MV266, Page 17 of 20
CVA 16 -17
i. Keep and maintain Public Records required by the Department to perform the service.
ii. Upon request, provide the Department with a copy of requested Public Records or allow
the Public Records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.
A contractor who fails to provide the Public Records to the Department within a reasonable
time may be subject to penalties under section 119. 10, F.S.
iv. Ensure that 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 contract term and following completion of the contract if the contractor does not
transfer the Public Records to the Department.
v. Upon completion of the contract, transfer, at no cost, to the Department all Public Records
in possession of the contractor or keep and maintain Public Records required by the
Department to perform the service. If the contractor transfers all Public Records to the
Department upon completion of the contract, the contractor shall destroy any duplicate
Public Records that are exempt or confidential and exempt from Public Records disclosure
requirements. If the contractor keeps and maintains Public Records upon completion of
the contract, the contractor shall meet all applicable requirements for retaining Public
Records. All Public Records stored electronically must be provided to the Department,
upon request from the Department's custodian of Public Records, in a format specified by
the Department as compatible with the information technology systems of the Department.
These formatting requirements are satisfied by using the data formats as authorized in the
contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, F.S., TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT
THE DEPARTMENT'S CUSTODIAN OF PUBLIC
RECORDS AT:
Telephone: (850) 245 -2118
Email: public. servicesgdep.state. fl. us
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
33. 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 work 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
DEP Agreement No. MV266, Page 18 of 20
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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.
34. EXECUTION IN COUNTERPARTS:
This Agreement, and any Amendments or Change Orders thereto, 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.
35. 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.
36. 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. MV266, Page 19 of 20
CVA 16 -17
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 C SSIONERS
By: 2 - 4"e
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Secretary or designee
Print Name and Title
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Approved as to form and legality:
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DEP Attorney
For Agreements with governmental boards /commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental
board /commission must accompany the Agreement.
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (include number of pages)
Attachment
A
Scope of Work and Conditions (6 Pages)
Attachment
B
Grant Payment/Match Request Form (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
Attachment Intentionally Excluded
Attachment
H
Attachment Intentionally Exchided
Attachment
I
Contract Provisions for DOI- Funded Agreements (5 Pages)
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STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
DEP Agreement No. MV266, Page 20 of 20
CVA 16 -17
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; CVA17 -818, 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 Pumpoul Service
(Service) to vessels located throughout 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 1,800 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.
Each pumpout vessel will be equipped with a monitoring device that will track the vessel, indicating the location of
the pumpout vessel, pumpout vessel activity, locations of pumpout customers and duration of pumping time. Such
equipment of monitoring device(s) shall at all times comply with Florida Statute § 934.425 (2015). A data software
service will be subscribed to for use of the monitoring device, and for logging pumpout vessel activity throughout the
period of this Agreement. The monitoring data will be accessible by the Department and the Grantee. Each pumpout
vessel will have signage installed complete with the universal pumpout logo and accreditation logos on the hull of
each vessel. Monitoring devices, data software service subscription, and signage will be reimbursable items under
this Agreement.
Pumpout Vessel Captains will provide registration assistance to recreational vessel owners /operators as needed. In
coordination with Grantee staff and Florida Fish and Wildlife Conservation Commission (FWC) staff, the Sub-
contractor will identify to the FWC any occupied anchored vessels that are not participating in the pumpout program
or requesting pumpouts.
DEP Agreement No. MV266, Attachment A, Page 1 of 5
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 (l)
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.
Vessel waste will be offloaded and properly disposed of utilizing fixed pumpout stations located throughout the
Florida Keys, and, when necessary, hauled out by licensed waste haulers, at a rate customary for the industry or will
be transported by a sub - contractor by mobile sewage tank for disposal. Any sewage hauling and disposal is
reimbursable under the terms and conditions of this Agreement.
DEP Agreement No. MV266, Attachment A, Page 2 of 5
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, 2018.
C. The Grantee shall submit a copy of executed subcontracts within 10 calendar days after execution in
accordance with Paragraph 14 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.
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
DEP Agreement No. MV266, Attachment A, Page 3 of 5
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 showing minimum of 2,317 pumpouts;
• 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, 2017, 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 to $20.00/hour (total
range of $4,320.00 to $4,800.00 per week, based on six staff working an average of 40 hours each for
52 weeks (2080 hours) for a total of $224,640 to $249,600 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.
• 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.
DEP Agreement No. MV266, Attachment A, Page 4 of 5
• 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
Cost reimbursable grant funding must not exceed the category totals for the project as indicated below.
DEP Agreement No. MV266, Attachment A, Page 5 of 5
Grant
Grantee
Tasks
Category
Award
Match
Total
Amount
Amount
Operations of Pumpout Service
Contractual Services
$180,000.00
$60,000.00
$240,000.00
Subcontractors
Total Grant Award Amount (no
$180,000.00
g reater than 75%
Total Match Amount (no less
$60,000.00
than 25%
DEP Agreement No. MV266, Attachment A, Page 5 of 5
ATTACHMENT B
GRANT PAYMENT /MATCH REQUEST FORM
M V CVA
Grantee Name
DEP Program: Clean Vessel Act Grant Program
If reimbursement is being requested, an invoice on facility letterhead must accompany this form.
Permits
Site Preparation
Renovation
Equipment Purchase
Equipment Installation
Operations of Equipment
Maintenance and Repair
Sewage Hauling
Pumpout Signage
Educational and Instructional Materials
Total Project Cost
75% Reimbursable to Grantee
25% Grantee Match
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 - I further attest, that - (Grantee) has
complied with the terms and conditions of this Agreement.
Grantee's Grant Manager Date
CVA 01 Attachment B (Revised 07/21/2017), 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 guide.htm
DEP Agreement No. MV266, Attachment C, Page 1 of I
CVA 16 -17
ATTACHMENT D
QUARTERLY PROGRESS REPORT FORM
Project Number:
Agreement Number: I -I
Grantee Name:
Reporting Period: Year - 12017 Quarter - 1- January,. February; March .
Provide a summary of the project's accomplishments to date.
Provide an update on the estimated time for completion of the project, and an explanation if
there are any anticipated delays.
Identify below, and attach copies of any relevant work being submitted for this project for the
reporting period (e.g. copies of permits, photographs, etc.)
This report is submitted in accordance with the reporting requirements of Clean Vessel Act
Project Agreement No. and accurately reflects the activities and costs associated
with the approved project.
Signature of Grantee's Grant Manager Date
CVA02 Attachment D (Revised 07/21/2017), 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, as revised, 2 CFR Part 200,
Subpart F, 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 2 CFR Part 200, Subpart F, 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 (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330
(for fiscal year start dates after December 26, 2014).
In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) 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, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 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, and 2 CFR
Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, 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, and 2 CFR Part 200, Subpart F.
If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as
applicable) 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, and 2 CFR Part 200, Subpart F the cost of the audit must be
paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at www.efda.gov
DEP Agreement No. MV266, Attachment E, Page 1 of 5
CVA 16 -17
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 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 $750,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 2l 5.97, Florida Statutes, is not required. In the event that the
recipient expends less than $750,000 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.le7. state .fl.us /Welcome /index.cfii 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.mvflorida.com /audaen /.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to speck any additional audit requirements imposed by the State mvarding entity
that are solely a matter of that State mvarding entity's policy (i.e., the audit is not required by Federal or State lmvs
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 ivith Section 215.97, Florida Statutes. In such an event, the State mvarding 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
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required
by Section .320 (d), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of
the recipient directly to each of the following:
DEP Agreement No. MV266, Attachment E, Page 2 of 5
CVA 16 -17
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:
FDEPSinsleAudit@dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised, and 2 CFR
§200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133,
as revised, and 2 CFR §200.501(a) 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: / /Iiarvester.census.7ov /facweb/
C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised, and 2 CFR §200.512.
Pursuant to Section .320(f), OMB Circular A -133, as revised, and 2 CFR Part 200, Subpart F, the recipient
shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised,
and 2 CFR Part 200, Subpart F, 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
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
DEP Agreement No. MV266, Attachment E, Page 3 of 5
CVA 16 -17
Electronically:
FDEPSingleAudit a,dep.state.fl.us
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
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:
FDEPSiiiizleAudit@dep.state.fl.us
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, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as
applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A -133, as revised and 2 CFR Part 200, Subpart F, or
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV266, Attachment E, Page 4 of 5
CVA 16 -17
EXHIBIT — I
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci lent Pursuant to this Agreement Consist of the Following:
Federal
Program
Number
Federal Agency
CFDA
Number
CFDA Title
Funding Amount
State
Appropriation
Cate ory
Original
Agreement
Department of Interior, U.S.
Fish and Wildlife Service
15.616
Clean Vessel Act
$180,000.00
140122
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Programs:
Federal
Program
Number
Federal Agency
CFDA
CFDA Title
Funding Amount
State
Appropriation
Catego
State
Appropriation
Catego
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State
Program
Number
Funding Source
State
Fiscal Year
CSFA
Number
CSFA Title
or
Funding Source Description
Funding Amount
State
Appropriation
Catego
Total Award 1 $180,000.00
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[www.cfda.gov] and /or the Florida Catalog of State Financial Assistance (CSFA) fhlps: / /arms.fldfs .coin /fsaa /searcliCatalop.aspx The services /purposes for
which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated in the Contract.
DEP Agreement No. MV266, Attachment E, Page 5 of 5
cvn_i &n
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:
El 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
and Address of Prime:
❑ Prime ❑ Subawardee
Tier , if known:
Congressional District, ifknown:
Congressional District, ifknown:
6. Federal Department /Agency:
7. Federal Program Name/Description:
CFDA Number, ifapplicable:
8. Federal Action Number, ifknown:
9. Award Amount, ifknown:
S
10. a. Name and Address of Lobbying Entity
b. Individuals Performing Services (including address if
(f individual, last name, first name, MI):
different from No. IOa)
(last name, first name, MI):
(attach Continuation Sheets
SF -LLLA, i necessat
Signature:
11. Information requested through this form is authorized by title 31 U.S.C.
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)
Form DEP 55 -221 (01 /01)
DEP Agreement No. MV266, Attachment F, Page 1 of 2
CVA 16 -17
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.
Form DEP 55 -221 (01/01)
DEP Agreement No. MV266, Attachment F, Page 2 of 2
CVA 16 -17
ATTACHMENT I
Contract Provisions for DOI- Funded Agreements
The Department, as a Non - Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the
Grantee, the term "Recipient' shall mean "Grantee."
Further, the Department, as a pass- through entity, also requires the Grantee to pass on these requirements to
all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions
of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore,
Grantees must include these requirements in all related subcontracts and/or sub - awards. Grantees can include
these requirements by incorporating this Attachment in the related subcontract and /or sub - awards, however
for all such subcontracts and sub - awards, the Grantee shall assume the role of the Non - Federal Entity and the
subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
I. Administrative, Contractual, and Legal Remedies
The following provision is required if the Agreement is for more than $150,000. In addition to any of the
remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the
terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable
to this Contract, the Non - Federal Entity may take one or more of the following actions.
i. Temporarily withhold payments pending correction of the deficiency by the
Recipient.
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.
iii. Wholly or partly suspend or terminate this Contract.
iv. Take other remedies that may be legally available.
The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension
under Presidential Executive Orders 12549 and 12689. The Non- Federal entity shall have the right to demand
a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of
this Agreement.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3.. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of "federally assisted construction
contract' as defined by 41 CFR Part 60 -1.3:
During the performance of this Agreement, the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The Recipient will take affirmative action to ensure that applicants are employed, and
that employees are treated during employment without regard to their race, color, religion,
sex, sexual orientation, gender identity, or national origin. Such action shall include, but not
be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Recipient agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf
of the Recipient, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
iii. The Recipient will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has inquired
DEP Agreement No. MV266, Attachment I, Page 1 of 5 Rev. 6/30/17
about, discussed, or disclosed the compensation of the employee or applicant or
another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the Recipient's legal duty to
furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Recipient's commitments
under this section, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules, regulations, or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the Recipient may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and
such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The Recipient will take such action with respect to
any subcontractor purchase order as the administering agency may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
4. Davis Bacon Act
If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if
required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In
accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must pay wages not less than once a week. The Recipient must comply with the Copeland
"Anti- Kickback" Act (40 U.S.C. 3145), 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 Recipient or subrecipient must 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 or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or
laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Recipient must 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
DEP Agreement No. MV266, Attachment I, Page 2 of 5 Rev. 6/30/17
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must 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.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of "funding agreement' under 37 CFR §401.2 (a) and the Non -
Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the Non - Federal Entity or subrecipient
must comply with the requirements of 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.
7. Clean Air Act (42 U.S.C. 7401 -7671 q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251 -1387)
If the Agreement is in excess of $150,000, the Recipient shall comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal
Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA).
8. Debarment and Suspension (Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension."
9. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)
The Recipient certifies 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. The Recipient shall
also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any
Federal award.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
ADMINISTRATIVE
11. General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200, 48 CFR 31, and 40 U.S.C. 1101 et
sequence.
12. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing
regulations, which are codified at Title 37 CFR Part 401 and Title 35 U.S.C. 200 through 212.
13. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175)
Recipients, their employees, subrecipients under this award, and subrecipients' employees may not:
i. Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
14. Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -2341
Recipients must comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93 -234), if applicable. This act 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.
15. Water Resources Reform and Development Act (WRRDA) P.L. 113-121
DEP Agreement No. MV266, Attachment I, Page 3 of 5 Rev. 6/30/17
Recipients must comply with the Water Resources Reform and Development Act (WRRDA) P.L. 113 -121,
if applicable. This act provides for improvements to the rivers and harbors of the United States, to provide
for the conservation and development of water and related resources.
16. Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14, 2016 has been permanently extended (Public Law (P.L.) 114 -261).
(a) This award, related subawards, and related contracts over the simplified acquisition threshold
and all employees working on this award, related subawards, and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by
section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112 -239).
(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce, of the employee whistleblower rights and protections under
41 U.S.C. 4712.
(c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in
contracts over the simplified acquisition threshold related to this award; best efforts should be made
to include this clause, including this paragraph (c) in any subawards and contracts awarded prior to
the effective date of this provision.
17. Notification of Termination (2 CFR § 200.340)
In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the
period of performance due to the Recipient's or subcontractor's material failure to comply with Federal
statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall
be reported to the Office of Management and Budget (OMB)- designated integrity and performance system,
accessible through System for Award Management (SAM) currently the Federal Awardee Performance and
Integrity Information System (FAPIIS). The Non - Federal Entity will notify the Recipient of the termination
and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements
of the notice and the Recipient's rights upon termination and following termination.
18. Additional Lobbying Requirements
(a) The Recipient certifies that no funds provided under this Agreement have been used or will be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
(b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seg.), prohibits any
organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal
funds through an award, grant (and /or subgrant) or loan unless such organization warrants that it
does not, and will not engage in lobbying activities prohibited by the Act as a special condition of
such an award, grant (and /or subgrant), or loan. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
(c) Pursuant to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using
funds provided by this Agreement for membership dues to any entity or organization engaged in
lobbying activities.
COMPLIANCE WITH ASSURANCES
19. Assurances
Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to
the Federal Government during the Grant application process.
DEPARTMENT OF INTERIOR - SPECIFIC
20. Department of Interior (DOI) General Terms and Conditions
Recipients shall comply with DOI General Terms and Conditions available at
https : / /www.doi.gov /pam / programs /financial ass istance /TermsandConditions and incorporated by
reference.
21. DOI Regulations
Recipients shall comply with the following regulations: 2 CFR 1400 -1402, 43 CFR 9, 43 CFR 17, 43 CFR
18, 43 CFR 41, and 43 CFR 44.
Attachment 8
DEP Agreement No. MV266, Attachment I, Page 4 of 5 Rev. 6/30/17
22. Drug -Free Workplace
Recipients must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific
requirements set forth in Title 2 CFR Part 1401. Additionally, in accordance with these regulations, the
recipients must identify all known workplaces under its federal awards, and keep this information on file
during the performance of the award.
23. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
As applicable, Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91 -646) to 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.
24. Deposit of Publications Produced under Grants
Pursuant to Departmental Manual 505 DM4 (DOI) and Service Manual FW1 ( USFWS), any grant or
cooperative agreement that will produce a publication (other than those listed as exceptions) must provide
two copies of each publication to the Department of Interior's Natural Resources Library. For a list of
exceptions, transmittal requirements, and delivery information see Departmental Manual 505 DM 4, Deposit
of Publications Produced under Grants at: littp:Helips. doi.gov /ELIPS /DoeView.aspx ?id =l 671
UNITED STATES FISH & WILDLIFE SERVICE - SPECIFIC
25. USFWS Financial Assistance Award Terms and Conditions
Recipients shall comply with the USFWS Financial Assistance Award Terms and Conditions applicable to
the specific Federal Award funding source, available at https: / /www.fws.gov /grants /atc.litml and
incorporated by reference.
NATIONAL PARKS SERVICE LAND AND WATER CONSERVATION FUND STATE
ASSISTANCE PROGRAM- SPECIFIC
26. Land and Water Conservation Fund (LWCF) Project Agreement General Provisions
Recipients shall comply with the LWCF Project Agreement General Provisions available at
https: / /www.nps.gov /ncrc /programs /Iwcf /pub.litin and incorporated by reference.
27. LWCF Federal Financial Assistance Manual
As applicable, Recipients shall comply with the LWCF Federal Financial Assistance Manual Effective
October 1, 2008, or later, available at https: / /www.nps.gov /ncrc /programs /lwcf /pub.litm and incorporated
by reference.
28. Historic Preservation.
As applicable, Recipients shall comply 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.).
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DEP Agreement No. MV266, Attachment I, Page 5 of 5 Rev. 6/30/17