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Item I7- CM ounty of onroe BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 TheFloridaKeys Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting August 17, 2016 Agenda Item Number: I.7 Agenda Item Summary #1918 BULK ITEM: DEPARTMENT: No Planning/Environmental Resources TIME APPROXIMATE:STAFF CONTACT: Rich Jones (305) 289-2805 No AGENDA ITEM WORDING: Approval of Agreement No. MV-204 between Monroe County (County) and the Florida Department of Environmental Protection (DEP) Clean Vessel Act (CVA) Program providing $172,350 in grant reimbursement funding to the County to assist with funding 1, 2016 through June 30, 2017. ITEM BACKGROUND: As of November 1, 2015 the CVA Program has provided grant funding directly to the County to help offset the cost of the Pumpout Service. The current CVA grant, MV- 174, expires on October 31, 2016. Due to a recent appropriation of $500,000 for the Pumpout Service from the State Legislature, which will be effective July 1, 2016 June 30, 2017, the CVA Program is now providing Agreement No. MV-204 in the amount of $172,350 (i.e 75% of the total service cost of $229,800), replacing MV-174, and will be retroactive to July 1, 2016, and assist with the cost to the County for its Pumpout Service totaling $729,800 per year, during that same period as the Legislative appropriation. The combined funding sources will cover most of the cost (92%) of Pumpout Service for one year of service. Due to changes in the Pumpout Service funding sources and terms, the current agreement with Pumpout USA will also need to be amended to reflect the above described funding sources and terms. Attached is Agreement No.MV-204 between the County and the DEP CVA Program for $172,350 in Agreement provides for quarterly reporting and invoice submittal to the CVA Program for reports. There is a 25% match requirement of $57,450 which will be paid from County Boating Improvement Funds. PREVIOUS RELEVANT BOCC ACTION: Nov. 2015- Approval of MV-174 providing for reimbursement in the amount of $250,000 for the Pumpout Service 4EGOIX4K - CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: DEP Agreement No. MV-204 for CVA16-786 for 172,350 Attachment A - Scope of Work and Conditions Attachment B - Grant Payment/Match Request Form Attachment C - Contract Payment Requirements Attachment D - Progress Report Form Attachment E - Special Audit Requirements Attachment F - Disclosure of Lobbying Activities Attachment G - Equipment/Property Summary Form Attachment H - Contract Provisions Attachment I - Regulations FINANCIAL IMPACT: Effective Date: July 1, 2016 Expiration Date: June 30, 2017 Total Dollar Value of Contract: $172,350 Total Cost to County: $57,450 Current Year Portion: $14,362.50 Budgeted: Yes Source of Funds: 157-62613-530340 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match : $57,450 Insurance Required: No Additional Details: OMB will set up accounts for grant and match 07/01/16 NEW COST CENTER ADDED $172,350.00 OMB will set up grant account 07/01/16 157-62613 · B I FEES/RETAINED VESSEL $57,450.00 Total: $229,800.00 REVIEWED BY: 4EGOIX4K - Mayte Santamaria Completed 08/01/2016 11:22 AM Assistant County Administrator Christine Hurley Skipped 08/01/2016 11:20 AM Peter Morris Completed 08/01/2016 12:39 PM Jaclyn Carnago Completed 08/01/2016 1:12 PM Budget and Finance Completed 08/01/2016 4:54 PM Maria Slavik Completed 08/02/2016 7:26 AM Mayte Santamaria Completed 08/02/2016 10:55 AM Kathy Peters Completed 08/02/2016 1:17 PM Board of County Commissioners Pending 08/17/2016 9:00 AM 4EGOIX4K %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV %XXEGLQIRX()4%KVIIQIRX2S1:JSV':%JSV ':%KVERX2S1:JSV -F 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, known as project Clean Vessel Act Grant; CVA16-786, Monroe County Board of County Commissioners. The Grantee shall operate each pumpout facility, pumpout vessel, or dump station funded under this Agreement so that it is open and available to the recreational boating public. Each pumpout facility, pumpout vessel, or dump station shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the period of time set forth in Paragraph 2.A. of the Agreement. The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations in accordance with this Attachment A, which shall serve as the Pumpout Station Operational Plan. Pumpout vessels are to be used solely for the collection and hauling of recreational boat sewage. PROJECT DESCRIPTION The Grantee will contract with a contractor (Contractor) to provide the Monroe County Mobile Vessel Pumpout Service (Service) to vessels located throughout unincorporated areas of Monroe County within the Florida Keys. The Service will be provided to meet certain objectives as directed and established by the Monroe County Board of County Commissioners that are consistent with the reduction or elimination of environmental impacts associated with the illegal discharge of sewage from vessels, and to further enable compliance with regulations of the federal No Discharge Zone established by the U.S. Environmental Protection Agency and no discharge regulations established by the Florida Keys National Marine Sanctuary. Contractor will provide the staff, equipment and vessels to perform a target quota of 1,500 pumpouts per month through a separate Agreement between Monroe County and Sub- Contractor), based on a 5 day work week with operation hours of 9am to 5pm. Four (4) pumpout vessels will be provided and properly maintained to ensure suitable service. An additional three (3) vessels will be provided as backup in the event a vessel is taken out of service for maintenance. The Service will be provided at no charge for up to one pumpout per week to all anchored recreational vessels in the unincorporated waters of Monroe County within the Florida Keys. Service may also be provided to vessels at marinas, with priority given to marinas without pumpout facilities. The first priority of each pumpout vessel will be servicing anchored vessels located in established Managed Anchoring Zones as identified in the Monroe County Anchoring Ordinance. There are an estimated three hundred (300) vessels in the Managed Anchorage areas. Each pumpout vessel will be equipped with a monitoring device that will track the vessel, indicating the location of the pumpout vessel, pumpout vessel activity, locations of pumpout customers and duration of pumping time. Such equipment of monitoring device(s) shall at all times comply with Florida Statute § 934.425 (2015). A data software service will be subscribed to for use of the monitoring device, and for logging pumpout vessel activity throughout the period of this Agreement. The monitoring data will be accessible by the Department and the Grantee. Each pumpout vessel will have signage installed complete with the universal pumpout logo and accreditation logos on the hull of each vessel. Monitoring devices, data software service subscription, and signage will be reimbursable items under this Agreement. DEP Agreement No. MV-204, Attachment A, Page 1 of 6 4EGOIX4K -F Pumpout Vessel Captains will provide registration assistance to recreational vessel owners/operators as needed. In coordination with Grantee staff and Florida Fish and Wildlife Conservation Commission (FWC) staff, the Sub- contractor will identify to the FWC any anchored vessels that are not participating in the pumpout program or requesting pumpouts. Each Pumpout Vessel Captain will give special attention to vessels in Managed Anchoring Zones and will communicate daily to the Project Manager or Maintenance Captain for FWC reporting. Contractor will provide all personnel necessary to perform the work under this Agreement. All personnel engaged in performing the Service under this Agreement shall be fully qualified, and, if required, be authorized or permitted under State and local laws to perform such Service. Personnel shall not be employees of or have any contractual relationship with the Grantee or the Department. Five (5) Pumpout Vessel Captains, one (1) Maintenance Captain and a Project Manager that has extensive experience and training in the pumpout industry will be provided by the Sub-contractor. 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. T 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 (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 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 . 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- 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, 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, t 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 pumpout project. DEP Agreement No. MV-204, Attachment A, Page 2 of 6 4EGOIX4K -F Vessel waste will be offloaded and properly disposed of utilizing fixed pumpout stations located throughout the Florida Keys, and, when necessary, hauled out by licensed waste haulers, at a rate customary for the industry or will be transported by a sub-contractor by mobile sewage tank for disposal. Any sewage hauling and disposal is reimbursable under the terms and conditions of this Agreement. Project Required Submittals and Requirements The following documents are required submittals under this Agreement. Failure to provide any of the following in the time frames provided may result in denial of reimbursement request. These provisions also represent requirements under this Agreement that must be complied with for the term of this Agreement. 1. 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 June 30, 2017 operations until the project completion date of . C. The Grantee shall submit a copy of executed subcontracts within 10 calendar days after execution in accordance with Paragraph 11.A. of the Agreement. TASKS/DELIVERABLES The following is a schedule of tasks/deliverables and budget detail for the completion of the tasks required to complete this project. Payment can be requested upon submission, review, and approval of the deliverables assigned to each task. Task 1. Operations of Pumpout Service: The 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 Attachment A described in this . 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 salary rate and hours worked. Sewage disposal fees will be invoiced based on actual fees charged by marinas (or other facility) with fixed pumpout stations. Outreach materials, registration packets, flags, identification decals and stickers for pumpouts will be based on actual costs. Replacement costs for consumable boat supplies such as fenders and lines will be invoiced based on actual cost of the items. Replacement costs of Global Positioning System (GPS) or GPS Chartplotter equipment will be invoiced based on the cost of an equivalent new unit. Personal Protective Equipment will be invoiced based on actual cost of gloves, safety glasses and sewage-proof protective coverings. Website management, provided by a separate sub-contractor, will be invoiced quarterly throughout the term of this Agreement. DEP Agreement No. MV-204, Attachment A, Page 3 of 6 4EGOIX4K -F Signed Monthly Pumpout Logs will be submitted to the Grantee, specific to each pumpout vessel and broken down by Service area, indicating the name of the Pumpout Vessel Captain, number of pumpouts performed, including the number of in state vessels and out of state vessels, volume of sewage pumped out, number of individual vessels pumped out and method of disposal, which shall be summarized and submitted as the Quarterly Pumpout Report listed in the below deliverables. Grantee shall keep the Monthly Pumpout Logs as backup in accordance with the retention period set forth in the Agreement. Deliverables: To be submitted quarterly with each request for reimbursement : number of hours worked; A list of receipts for allowable costs; Vessel hull numbers provided for the vessels serviced and repaired; A copy of any outreach materials created for distribution; Quarterly Pumpout Report; Quarterly Summary of Allowable Expenses; and Log-in information for access to the Sea Sync monitoring data. Performance Standard: pumped and hours worked to confirm that the requirements in the Scope of Services and Conditions and this task description are met. Task Timeline: Beginning July 1, 2016, the Grantee will submit the deliverables quarterly through the end of this Agreement. Budget: This grant includes only contractual services. Notwithstanding, allowable costs for reimbursement under this task (Task 1- Operations) include costs for: Salaries: $4,320.00 per week, based on six staff working an average of 40 hours each for 52 weeks (2080 hours) for a total of $224,640 in salaries). Pumpout 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. 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 Costs for pressure washing and bottom painting of boat hulls. Parts and Supplies: Costs of supplies and parts (each up to $2,500) needed to perform routine scheduled maintenance and repair. Supplies including: bleach, cleaning supplies and detergents. DEP Agreement No. MV-204, Attachment A, Page 4 of 6 4EGOIX4K -F Personal Protective Equipment including: safety glasses, sanitary gloves and sewage-proof protective coverings (e.g. sewage protective jackets). Fenders and lines. Oil, rags and lubricants. Holding tank treatment. Batteries. Life Vests. Tools. Docking: Docking and Vessel/Trailer/Truck storage fees. Electronic equipment: Replacement costs of VHF radios and GPS/GPS Chartplotter location devices. Replacement costs of monitoring devices. Sewage hauling, transport and disposal: Sewage hauling by licensed contractor. Sewage disposal fees. Program information and registration: Printing of registration materials. Purchase of identification decals and monthly endorsement stickers. Signage and flags. Computer software and subscriptions: Website management performed by a separate sub-contractor. Monitoring data subscription (i.e. data software service). The following costs will not be reimbursed under this Agreement: fuel, insurance, vessel registrations, collision damage, damages that are covered under insurance, 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 Category Grant Grantee Total Tasks Award Match Amount Amount Operations of Pumpout Service Contractual Service $172,350$57,450$229,800 Total Grant Award Amount (no $172,350 greater than 75%) Total Match Amount (no less $57,450 than 25%) DEP Agreement No. MV-204, Attachment A, Page 5 of 6 4EGOIX4K -F SALARIES BY TASK Listed personnel, as listed below, shall be reimbursed for salary rates and hours spent on the project. Task Total Hours Maximum Amount Position Title Rate/Hour No. (Rate x Hours) Pumpout Captain #1 $18.00 2080 $37,440 Pumpout Captain #2 $18.00 2080 $37,440 1 Pumpout Captain #3 $18.00 2080 $37,440 (hourly Pumpout Captain #4 $18.00 2080 $37,440 rate) Pumpout Captain #5 $18.00 2080 $37,440 Maintenance and Pumpout Captain #6 $18.00 2080 $37,440 PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Grant Funding, Not to Category Totals Match Funding Exceed, $ Contractual Service Total $172,350.00 $57,450.00 Total: $172,350.00 $57,450.00 Total Project Cost: $229,800.00 Percentage Match: 75% 25% REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MV-204, Attachment A, Page 6 of 6 4EGOIX4K -G ATTACHMENT B GRANT PAYMENT/MATCH REQUEST Monroe County Board of MV-204 CVA16-786 County Commissioners Clean Vessel Act Grant Program DEP Program: If Department payment is being requested, an invoice on your letterhead must accompany this form. TOTAL PROJECT (100%) of costs Permitting $ Construction Renovation Equipment Purchase Equipment Installation Operations Maintenance and Repair Sewage Hauling Pumpout Signage _____ Education and Instructional Materials TOTAL PROJECT $ 25% Grantee match $ 75% reimbursable to Grantee $ I attest that documentation has been and will be maintained as required by this Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project Agreement No. . MV-204 I further attest, that Monroe County Board of County Commissioners has complied with the terms and conditions of this Agreement. ______________________________ ___________________________ Grantee's Project Manager Date DEP Agreement No. MV-204, Attachment B, Page 1 of 1 4EGOIX4K -H 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. MV-204, Attachment C, Page 1 of 1 4EGOIX4K -I ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: MV-204 Grantee Name: Grantee Address: Telephone No.: Quarterly Reporting Period: Project Number and Title: Provide a summary of project accomplishments to date. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., copies of permits, photographs, etc.) This report is submitted in accordance with the reporting requirements of DEP Agreement No. MV-204 and accurately reflects the activities and costs associated with the subject project. Signa Date DEP Agreement No. MV-204, Attachment D, Page 1 of 1 4EGOIX4K -J ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 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. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via http://12.46.245.173/cfda/cfda.html. the internet at DEP Contract No. MV-204, Attachment E, Page 1 of 5 4EGOIX4K -J PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 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. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-s 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, ebsite at http://www.myflorida.com/ at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP Contract No. MV-204, Attachment E, Page 2 of 5 4EGOIX4K -J A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B.The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, which can be found at http://harvester.census.gov/fac/ C.Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us DEP Contract No. MV-204, Attachment E, Page 3 of 5 4EGOIX4K -J B. wing address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a 5 period of 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, 3 or its designee, Chief Financial Officer, or Auditor General upon request for a period of years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. MV-204, Attachment E, Page 4 of 5 4EGOIX4K %XXEGLQIRX%XXEGLQIRX)7TIGMEP%YHMX6IUYMVIQIRXW ':%KVERX2S1:JSV -K ATTACHMENT F Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. initial filing a. bid/offer/application b. grant b. material change b. initial award 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 if known: Tier __________, if known: if known: Congressional District, Congressional District, 6. Federal Department/Agency: 7. Federal Program Name/Description: if applicable: CFDA Number, _______________________ if known: if known: 8. Federal Action Number, 9. Award Amount, $ (including address if 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name, first name, MI): different from No. 10a) (last name, first name, MI): (attach Continuation Sheet(s) SF-LLLA, if necessary) 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 Title: ______________________________________________________ pursuant to 31 U.S.C. 1352. This information will be reported to Congress semi-annually and will be available for public inspection. Any person who Telephone No.: ___________________________Date: ______________ fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev 7 97) DEP Agreement No. MV-204, Attachment F, Page 1 of 2 4EGOIX4K -K 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 organiza 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 -DE-90- 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. DEP Agreement No. MV-204, Attachment F, Page 2 of 2 4EGOIX4K %XXEGLQIRX%XXEGLQIRX+)UYMTQIRX4VSTIVX]7YQQEV]*SVQ ':%KVERX2S1:JSV -M ATTACHMENT H Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: Equal Employment Opportunity 1. - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) 2. - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) 3. - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) 4. - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Rights to Inventions Made Under a Contract or Agreement 5. - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. MV-204G DEP Agreement No. , Attachment , Page 1 of 3 4EGOIX4K -M Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as 6. amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) 7. - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Debarment and Suspension (E.O.s 12549 and 12689) 8. - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and 9. Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Compliance with all Federal statutes relating to nondiscrimination - 10.These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance 11. and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 1508 and 7324 7328) 12.that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. MV-204G DEP Agreement No. , Attachment , Page 2 of 3 4EGOIX4K -M Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of 13. the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Compliance with environmental standards which may be prescribed to the following: 14.(a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) 15.related to protecting components or potential components of the national wild and scenic rivers system. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended 16. (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.). Compliance with P.L. 93-348 17.regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 18. U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) 19.that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. Compliance with the mandatory standards and policies relating to energy efficiency 20.that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Compliance with the Drug Free Workplace Act. 21.The recipient shall comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. 702) and DoC Drug- 2003, 68 FR 66534), which require that the recipient take steps to provide a drug-free workplace. Compliance with the Buy American Act (41 U.S.C. 10a-10c) 22.By accepting funds under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American-made. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175) 23. By accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g). Registrations and Identification Information 24., the Grantee agrees to maintain current registration in the Central Contractor Registration (www.ccr.gov) System for Award Management (SAM) at all times during which they have active project funded with these funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. MV-204G DEP Agreement No. , Attachment , Page 3 of 3 4EGOIX4K -N ATTACHMENTI REGULATIONS Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. General 43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOI Grants and Other Federal Assistance 43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative agreements to state and local governments 43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations 43 C.F.R. 18 New restrictions on lobbying 43 C.F.R. 43 Government wide requirements for drug-free workplace Other Federal Regulations 2 C.F.R. 1400 Suspension and Debarment 48 C.F.R. 31 Contract Cost Principles and Procedures Office of Management and Budget Circulars A-21 (2 CFR 220) Cost Principles for Educational Institutions A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments A-122 (2 CFR Cost Principles for Non-Profit Organizations 230) A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK MV-204H DEP Agreement No. , Attachment , Page 1 of 1 4EGOIX4K