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Item J06C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: J.6 Agenda Item Summary #4379 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805 N/A AGENDA ITEM WORDING: Approval of Department of Environmental Protection (DEP) Agreement No.MV279 between Monroe County (County) and the DEP providing $180,000 in Clean Vessel Act (CVA) reimbursement funding to the County to assist with funding the County's Mobile Vessel Pumpout Service ( Pumpout Service) for one year of operation from July 1, 2018 through June 30, 2019. ITEM BACKGROUND: Since November 1, 2015, the Clean Vessel Act (CVA) Program has provided grant funding directly to Monroe County to help offset the cost of the County's Pumpout Service. The last CVA grant, No MV266 (in the amount of $180,000), expired on June 30, 2018, with the end of the State's fiscal year. The CVA program has recently awarded a pumpout grant in the amount of $180,000 ($240,000 total contract amount) to the County to help offset the cost to the County for the next year of Pumpout Service (retroactive to July 1, 2018). The grant requires a 25% match from the County ($60,000), with the 75% funding share from CVA providing $180,000 to the County. The CVA grant contract is administered by the Florida Department of Environmental Protection (FDEP). The $180,000 in grant funding, in combination with FDEP Contract No. MV282 for Pumpout Service funding (from a 2018 Legislative appropriation) in the amount of $277,650 (approved at the June 20, 2018, BOCC meeting), is anticipated to help cover the majority of the cost (52 %) of the Pumpout Service (total cost $875,760) over the next year. Attached is FDEP Agreement No. MV279, between the County and FDEP, for $240,000 to assist with the cost of the County's Pumpout Service. The term of the Agreement is from July 1, 2018, through June 30, 2019. The Agreement provides for quarterly reporting and invoice submittal to the FDEP. The reimbursement amount is based on `allowable expenses' incurred by the County's pumpout service provider. The $180,000 is entirely reimbursement based. PREVIOUS RELEVANT BOCC ACTION: Nov. 2015 - Approval of MV -174 providing for reimbursement in the amount of $250,000 for the County's Pumpout Service. Aug. 2016 - Approval of MV -204 providing for reimbursement in the amount of $172,350 for the County's Pumpout Service. Sept. 2017 - Approval of MV -266 providing for reimbursement in the amount of $180,000 for the County's Pumpout Service. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: CVA Grant No. MV279 FINANCIAL IMPACT: Effective Date: July 1, 2018 Expiration Date: June 30, 2019 Total Dollar Value of Contract: $240,000 Total Cost to County: $60,000 Current Year Portion: $15,000 Budgeted: Yes Source of Funds: 157- 62613 - 530340 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: Yes County Match: Yes Insurance Required: No Additional Details: OMB will set up accounts for grant and match 06/01/18 NEW COST CENTER ADDED $180,000.00 OMB will set up grant acct 06/01/18 157 -62613 - B I FEES /RETAINED VESSEL $60,000.00 Total: $240,000.00 REVIEWED BY: Emily Schemper Completed 06/25/2018 5:33 PM Peter Morris Completed 06/26/2018 12:46 PM Assistant County Administrator Christine Hurley 06/26/2018 2:26 PM Jaclyn Carnago Skipped Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending Completed 06/26/2018 12:46 PM 06/27/2018 11:20 AM 06/27/2018 11:21 AM 06/27/2018 5:39 PM 07/18/2018 9:00 AM B !e County of Monroe The Florida Keys - .' BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: J.6 Agenda Item Summary #4379 REVISED BACKUP DAY OF MEETING: Agreement revised as follows: Attachment 1 , Section 24.(a.)-(b.) (" Schitinized Companies ") has been revised to delete references to affiliates and subcontractors; and Attachment 1. Section 24.(c 's requirement that pertinent County subcontracts observe Section 24.(a.) -(b.) has been removed in its entirety. BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805 N/A AGENDA ITEM WORDING: Approval of Department of Environmental Protection (DEP) Agreement No.MV279 between Monroe County (County) and the DEP providing $18.0,000 in Clean Vessel Act (CVA) reimbursement funding to the County to assist with funding the County's Mobile Vessel Pumpout Service (Pumpout Service) for one year of operation from July 1, 2018 through June 30, 2019. ITEM BACKGROUND: Since November 1, 2015, the Clean Vessel Act (CVA) Program has provided grant funding directly to Monroe County to help offset the cost of the County's Pumpout Service. The last CVA grant, No. MV266 (in the amount of $180,000), expired on June 30, 2018, with the end of the State's fiscal year. The CVA program has recently awarded a pumpout grant in the amount of $180,000 ($240,000 total contract amount) to the County to help offset the cost to the County for the next year of Pumpout Service (retroactive to July 1, 2018). The grant requires a 25% match from the County ($60,000), with the 75% funding share from CVA providing $180,000 to the County. The CVA grant contract is administered by the Florida Department of Environmental Protection (FDEP). The $180,000 in grant funding, in combination with FDEP Contract No. MV282 for Pumpout Service funding. (from. a 2018 Legislative appropriation) in the amount of $277,650 (approved at the June 20, 2018, BOCC meeting), is anticipated to help cover the majority of the cost (52 %) of the Pumpout Service (total cost $875,760) over the next year. Attached is FDEP Agreement No. MV279, between the County and FDEP, for $240,000 to assist with the cost of the County's Pumpout Service. The term of the Agreement is from July 1, 2018, through June. 30, 2019. The Agreement provides for quarterly reporting and invoice submittal to the FDEP. The reimbursement amount is based on `allowable expenses' incurred by the County's pumpout service provider. The $180,000 is entirely reimbursement based. PREVIOUS RELEVANT BOCC ACTION: Nov. 2015 - Approval of MV -174 providing for reimbursement in the amount of $250,000 for the County's Pumpout Service. Aug. 2016 - Approval of MV -204 providing for reimbursement in the amount of $172,350 for the County's Pumpout Service. Sept. 2017 - Approval of W -266 providing for reimbursement in the amount of $180,000 for the County's Pumpout Service. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: CVA Grant No. MV279 (REVISED) FINANCIAL IMPACT: Effective Date: July 1, 2018 Expiration Date: June 30, 2019 Total Dollar Value of Contract: $240,000 Total Cost to County: $60,000 Current Year Portion: $15,000 Budgeted: Yes Source of Funds: 157- 62613 - 530340 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Grant: Yes County Match: Yes Insurance Required: N/A If yes, amount: No Additional Details: OMB will setup accounts for grant and match 06/01/18 NEW COST CENTER ADDED $180,000.00 OMB will set up grant acct 06/01/18 157 -62613 • B I FEES/RETAINED VESSEL $60,000.00 Total: $240,000.00 REVIEWED BY: Emily Schemper Completed 06/25/2018 5:33 PM Peter Morris Completed Assistant County Administrator Christine Hurley 06/26/2018 2:26 PM Jaclyn Carnago Skipped Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 06/26/2018 12:46 PM Completed 06/26/2018 12:46 PM 06/27/2018 11:20 AM 06/27/2018 11:21 AM 06/27/2018 5:39 PM 07/18/2018 9:00 AM STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below,.pursuant to Section 215.971, Florida Statutes: •... .... . 1. Project Title (Project): Agreement Number: Clean Vessel Act Grant; CVA18 -830, Monroe County Board of County Commissioners MV279 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 (Department) Grantee Name: Monroe County Board of County Commissioners Entity Type: Local Government Grantee Address: 2798 overseas Hwy., Suite 420 FEID: Marathon, FL 33050 59- 6000749 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution 6/30/19 4. Project Number: CVA18 -830 MV279 Project Location(s): 2798 Overseas Hwy., Suite 420, Marathon, FL 33050 (If different from Agreement Number) . Project Description: Operations of Equipment 5. Total Amount of Funding: Funding Source? I Award #s or Line Item Appropriations: Amount per Source(s $180,000.00 ❑ State ®Federal CVC17 $180,000.00 ❑ State []Federal ❑ Grantee Match Total Amount of Funding +,Grantee Match, if any: $180,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Clyde Alderman Name: Richard Jones or successor or successor Address: 3 900 Co mmonwealth Blvd MS #30 Address: 2798 Overseas Hwy:, Suite 420 Tallahassee, Florida 3239 Marathon, Florida 33050 Phone: 850- 245 -2074 Phone: 305- 289 -2805 Email: clyde.alderman @dep.s tate.fl.us Email: Jones - Rich @monroecounty -fl.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby . incorporated by reterence: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ® Attachment 2: Special Terms and Conditions 66 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements 0 Attachment 6: Program - Specific Requirements 0 Attachment 7:.CVC17 Grant Award Terms (Federal) *Copy available at https: / /facts.fldfs.com. in accordance with §215.985, F.S. 0 Attachment 8: Federal Regulations and Terms (Federal) 0 Additional Attachments (if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form V Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): DEP Agreement No. MV279 Rev. 4/30/18 8. The following information applies to Federal: Grants only and is identified.in accordance with 2:CFR 200.331(a)(1): Federal Award Identification - Number (s) (FAIN): F17AP60795 Federal Award Date to Department: 10/1/17 Total Federal Funds this Akreeffient: $1,314,655.00 Federal Awarding Agency: U.S. Fish and Wildlife Service Award R &D? (] Yes (]N /A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. Monroe County Board of County Commissioners GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. DEP Agreement No, MV279 Rev. 4/30/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and /or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions.among the documents that make up the Agreement, the order rof precedence for interpretation the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be 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. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and /or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20 %) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; and /or (3) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions: 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. Attachment I 1 of 11 Rev. 4/27/18 The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the sery ices will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and /or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must.be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or impart, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable- technical requirements or complete all tasks oY activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7: Financial Consequences for Nonperformance. a. WithholdingPavment. In addition to the specific consequences explained in the Grant Work Plan and /or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department request that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from. Department. The CAP shall be sent to Grant Manager for review and approval. Within ten (10).days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt: of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall. have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies. by Grantee, 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 Department or steps taken by. Grantee shall preclude 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 Department as requested by Department's 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 Department may result in termination of the Agreement. 8. Payment. Attachment 1 2 of I I Rev. 4/27/18 a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes; or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, 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: www.inyfloridacfo.com /aadir /reference guide / e. Invoice - Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.mvflbridaefo.coiii/Divisioii/AA/Vendors/default.htm j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary /Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and /or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and /or general and administrative rates) shall be supported by audit. If Department determines that multipliers Attachment 1 3of11 Rev. 4/27/18 charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department' within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and /or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and /or 274, F.S., and Chapter 69I -72, Florida Administrative Code (F.A.C.) and /or Chapter 69I -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. i. For fixed- price. (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed -price subcontracts to consultants /contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to 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 (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed -price subcontract. The Grantee may request approval from Department to award a fixed -price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by 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 Department Grant Manager's approval of the fixed -price amount, Grantee may proceed in finalizing the fixed -price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly . completed Exhibit B, Property Reporting Form. f. Rental /Lease of Equipment. Match or reimbursement requests for rental /lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous /Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non - excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and /or rights to real property (including access rights through ingress /egress easements, leases, license agreements, or other site access agreements; and /or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and /or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shal I not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. Attachment 1 4 of I I Rev. 4/27/18 The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not to correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. 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. b. 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. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide 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 Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self - insured authorization, or other certification of self - insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify 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) days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement. is to be terminated. The Department must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. Attachment 1 5of11 Rev. 4/27/18 e. Transition of Services Upon Termination Expiration or Cancellation of the Agreement If services provided under the Agreement are being transitioned . to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will.also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault ofbepartment or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including, failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its.application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certif cate of authority granted to the Grantee by a state or.other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure tp_maintain the insurance required by this Agreement; L One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: L Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and /or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall.provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the Attachment 1 6of11 Rev. 4/27/18 foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants.preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: 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, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any. claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. Attachment 1 7of1I Rev. 4/27/18 other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to .exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee /subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime .A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide.any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0.17, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid; proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on 'a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the Liston its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487 -0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, .wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, - national origin, age, gender, or disability, shall be excluded.from participation in; be'denied the proceeds or benefits of; or be otherwise subjected . to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the =laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than:one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Attachment 1 8of11 Rev. 7/10/18 Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http : / /dos.mvflorida.com/iibrary- archives /records -mana ee ment/general- records - schedules) 27. Audits. a. Inspector General The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub - grantees and /or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub - grantees and /or subcontractors, respectively. b. Physical Access and Inspection 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: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. 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. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and /or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and /or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, 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, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS7A2 -NS) that can be found under the "Links /Forms" section appearing at the following website: https:\ \apps. tldfs. com \fsaa d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200 and 2 CFR Attachment 1 9 of I I Rev. 7/10/18 may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by- program or a project -by- project basis. Funds specifically budgeted and /or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non - compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by 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 Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. 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. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non - compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions undet paragraphs b. or c. shall not relieve Grantee of its obligation to perform all Work in compliance With the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, of agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. 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. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 10 of l l Rev. 4/27/18 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of.Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confident iaiity, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance ofthe Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and /or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 11 of 11 Rev. 4/27/18 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. MV279 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. I. Scope of Work. The Project funded under this Agreement is Operations of Equipment. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins upon execution through June 30, 2019, which shall be defined as the Project Completion Date. All work, eligible for reimbursement under this Agreement, must be completed by the Project Completion Date. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs: or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category p ❑ Salaries /Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N /A. ❑ p b. Indirect Costs, N /A. ® Contractual (Subcontractors) ❑ ❑ Travel ❑ ❑ Equipment ❑ ❑ Rental /Lease of Equipment ❑ ❑ Miscellaneous /Other Expenses ❑ ❑ Land Acquisition S. Travel. Additional compensation for travel is not authorized under this Agreement. 6. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 7. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. Attachment 2 1 of 3 Rev, 5/3/2018 8. Match Requirements The Agreement requires at least a 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 project funded under this Agreement. The Grantee may claim allowable project expenditures made upon execution or after for purposes of meeting its match requirement as identified above. Each payment request submitted shall document all matching funds and /or match efforts (i.e., in -kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 9. Insurance Requirements 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: a. 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, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. 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, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000_ Hired and Non -owned Automobile Liability Coverage c. 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. d. Other Insurance. None. 10. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 11. Retainage. No retainage is required under this Agreement. 12. Subcontracting. The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 13. State -owned Land. The work will not be performed on State =owned land. 14. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. Attachment 2 2 of 3 Rev. 5/3/2018 15. Additional Terms. None. Any lerins added here must he approved by the Office of General Counsel. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 2 3 of 3 Rev. 5/3/2018 DEPARTMENT OF ENVIRONMENTAL PROTECTION . GRANT WORK PLAN CLEAN VESSEL ACT GRANT PROGRAM DEP AGREEMENT #: MV279 ATTACHMENT 3 PROJECT TITLE: Clean Vessel Act Grant; CVA18 -830, Monroe County Board of County Commissioners ( "Project ") PROJECT LOCATION: 798 Overseas Highway, Suite 420, Marathon, Florida 33050 ( "Project site ") PROJECT DESCRIPTION The Grantee will contract with a contractor (Contractor) to provide the Monroe County Mobile Vessel Pzrmpout 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 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 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 huff 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. The Grantee's Contractor will provide all personnel necessary to perform the work under this Agreement. All personnel engaged in performing the Service under this Agreement shall be fully qualified, and, if required, be authorized or permitted under State and local laws to perform such Service. Personnel shall not be employees of or have any contractual relationship with the Grantee or the Department. Five (5) Pumpout Vessel Captains, one (1) Maintenance Captain and a Project Manager that has extensive experience and training in the pumpout industry will be provided by the Sub- contractor. The Maintenance Captain's duties will include performing repair and maintenance on pumpout vessels, pumpout vessel operational training, and act as an additional Pumpout Vessel Captain as needed. The Maintenance Captain will not perform administrative duties. The Project Manager will not be paid through CVA grant funds under this Agreement. The Project Manager's primary duties will include overall administration of the program, public relations, financial management, staff management, coordination of maintenance and repairs, pumpout scheduling, overseeing the registration process, interfacing with related non - profit programs, governmental Attachment 3, DEP Agreement #: MV279 1 of 5 Rev. 8/28/2017 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. 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) 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.. The Service performed by the County or its Contractor under this Contract shall be performed in. conjunction with, not in lieu of, other services provided under DEP .Contract No. MV282. TASKS AND DELIVERABLES The following is a schedule of tasks /deliverables and budget detail for the completion of the tasks required to complete this Project. Payment may be requested upon submission, review, and approval of the deliverables assigned to each task. Task 1: Operations of Equipment 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 3. 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. Attachment 3, DEP Agreement #: MV279 2of5 Rev. 8/28/2017 • 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. e Outreach materials, registration packets, 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 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 Pumpout Station Operational Plan, pumpout log sample, and quarterly pumpout report to confirm that the Grantee is operating in accordance with this task and the Agreement. Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. Task Timeline: Beginning July 1, 2018, the Grantee will submit the deliverables quarterly through the end of this Agreement, June 30, 2019. Budget: Allowable costs for this task are for 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. Attachment 3, DEP Agreement #: MV279 3 of 5 Rev. 8/28/2017 • 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. e 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. e 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. 6 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. 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. Attachment 3, DEP Agreement #: MV279 4of5 Rev. 8/28/2017 Attachment 3, DEP Agreement #: MV279 5 of 5 Rev. 8/28/2017 Grant Grantee Tasks. Category Award Match Total Amount � Amqun't Operations of Pumpout Service Contractual Services $180 $60,000.00 : $240,000.00 ( Subcontractors) Total Granf Award; Amount (no , ; °° $180;000.00 eateir than 75 %a' Total Match Amount (rio-less ; $60;000;00 than 25% )` ;. Attachment 3, DEP Agreement #: MV279 5 of 5 Rev. 8/28/2017 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under.the Agreement, 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 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 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide 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. o. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. 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 Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to 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 Department, upon request from Department's custodian of Public, Records, in a format specified by Department as compatible with the information technology systems of 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. f. 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. services@flotidadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements Attachment 5 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 agreement) to the recipient (which may be referred io as the "Recipient ", "Grantee" or other name in the 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 Off cer or Auditor General. RIJAD V : 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. 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. 3. 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). Attachment 5 1 of 5 Rev. 427201 9 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.efda.gov 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. 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 fnancial 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 $750,000 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 $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: /hvww.leg.state.fl.tis /Welcome /index.cfrn State of Florida's website at http://www.myflorida_com /, Department of Financial Services' Website at http: / /www.fldfs.coi and the Auditor General's Website at http : / /www.mvflorida.com /audgenl; PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97 Florida Statutes. In such an event, the State awarding agency must arrange for funding the fill! 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 directiv to each of the following: Attachment 5 2of5 Rev. 4.27,2018 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: FDEPSingleAtidit@.deli.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 : / /harvester.ccnsus.gov /facwebl' 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. 2. 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: FDEPSing1eAudit@dep.state.f1.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 Attachment 5 3 of 5 Rev. 4;7712018 Electronically: - FDEPSinQleAudit rr,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: FDEPSingleAudit n 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 five (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 the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of.5 Rev. 4478 -018 EXHIBIT —1 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 o 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 Followin Matchin Resources for Federal Pro rams: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Categor 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 $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.efda.gov] and /or the Florida Catalog of State Financial Assistance (CSFA) Fhttps: / /apps.fldfs .coin /fsaa/searc]iCatalog.aspx - . The services /purposes for which the funds are to be used are included in the Agreement's Grant Work Plan.. Any match required by the Recipient is clearly indicated in the Agreement. Attachment 5, Exhibit 1 . 5 of Rev. 42712018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM_ SPECIFIC REQUIREMENTS FOR THE CLEAN VESSEL ACT GRANT PROGRAM ATTACHMENT 6 1. Purpose. The primary goal of the Clean Vessel Act (CVA) 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 CVA Grant Program ( "_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. 2: Pumpout Station Operation Plan. The Grantee shall operate each pumpout facility 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 the Agreement. The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations in accordance with the Pumpout Station Operational Plan, available for download from the Department's Clean Vessel Act Program website (see Exhibit 1 of this Attachment). Pumpout vessels are to be used solely for the collection and hauling of recreational boat sewage. 3. Program Guidelines. 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. 4. Reporting Requirements. Some CVA - funded projects have a five (5) year reporting requirement. If required by Attachment 3, the Grantee shall provide a quarterly pumpout report (available online at the Department's Clean Vessel Act Program website, listed in Exhibit 1 of this Attachment, and hereby incorporated by reference) in accordance with the requirements and timeframes set forth in Attachment 3. In addition to the obligations listed in Section 32 of Attachment I of this Agreement, the reporting obligations of the Grantee in this Section, shall survive expiration of this Agreement for five years from the date of completion of the Project. 5. Fees for Pumpout Services. 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 in Attachment 3. 6. 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 the Department's Clean Vessel Act Program website (see Exhibit 1 of this Attachment), and hereby incorporated by reference) with final invoice to the Department. 7. 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 Attachment 6 1 of 4 Rev. 4/23/2018 education /information (50 CFR §85.43 and 50 CFR §85.47). Signage specifications and crediting text can be found online at the Departments Clean Vessel Act Program website (see Exhibit 1 of this Attachment). Required logos and graphics must be requested from the Department; requests can be made by email: Clean.Vessel.Actna floridadep.gov, by phone: (850) 245 -2100, or through the Department's Grant Manager. A. If specified in Attachment 3, the following signage is required: L 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. ii. One (I) 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 3, 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 Actthrough the Florida Department of Environmental Protection." 8. 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. Referenced documents and plan /log sheet samples are available online at the Department's Clean Vessel Act Program website (see Exhibit I of this Attachment). A. The Grantee shall submit a copy of executed subcontracts within ten (10) days after execution. B. In addition to the detailed supporting documentation required for reimbursement as described the Agreement, the Grantee shall, with the final reimbursement request, submit all of the following: 1. A completed and signed Pumpout Project Certification. of Completion Form to be submitted with the final invoice. 2. Photographic documentation that the Grantee has completed the appropriate program crediting and signage as required under this Agreement. 3. Quarterly Progress Reports (Exhibit A). 4. As described in the appropriate Tasks/Deliverables in Attachment 3, a pumpout log sample, which shall provide for daily logging of vessels pumped, total gallons pumped per vessel, out of state vessels, fees collected, and maintenance costs. The actual daily log is not required to be submitted to the Department. However, the Grantee must keep the logs as backup documentation for five (5) years following the Project completion date. As described in the appropriate Tasks/Deliverables in Attachment 3, a Pumpout Station Operational Plan that specifies hours of operation, maintenance principles, methods in determining volume of material pumped including the use of flow meters as may be necessary, informational /educational materials on pumpout operation and assurance"§ that the pumpout facility, pumpout vessel, or dump station will be used solely for the collection of recreational boat sewage. Attachment 6 2 of 4 Rev. 4/23/2018 C. In addition to the submittal requirements identified above, the Grantee is required to submit Quarterly Pumpout Reports (available for download from the Department's Clean Vessel Act Program website, listed on Exhibit .I of this Attachment) when one or both of the following apply: As described in the Tasks/Deliverables Attachment 3, when the Project includes the purchase and /or installation of purripout equipment, the Grantee is responsible for submitting Quarterly Pumpout Reports for a period of five (5) years. The five (5) year reporting period begins upon the receipt of the Certificate of Completion and submittal of the final invoice, and the Quarterly Pumpout Reports are due every quarter thereafter for the next five (5) years. 2. As described in the Tasks /Deliverables Attachment 3, when the Project includes operations and /or maintenance and repair, the Grantee is responsible for submitting Quarterly Pumpout Reports every quarter beginning upon execution of this Agreement;. more specifically the first quarter of operations, through the expiration of this Agreement. 9. State Funds (FIND). If this Agreement includes Florida Inland Navigation District (FIND) funding, the following provisions also apply: A. FIND Rules. The Agreement shall also be performed in accordance with the rules governing the FIND Cooperative Assistance Program (Chapter 6613-1, F.A.C.), which are hereby incorporated by reference as if fully set forth herein. B. FIND Signage Requirements. Notwithstanding the requirements above, all of the signage requirements.and other printed materials or visual representations related to the Project, including education and instructional materials must include the following statement: "Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act and Florida Inland Navigation District through the Florida Department of Environmental Protection." REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 6 3 of 4 Rev. 4/23/2018 EXHIBIT 1 The following information is available on the Department's Clean Vessel Act Grant Program website (Main Page: http://www.dop.state.fl.us/cleahmarina/CVA/default.htm Pumpout Station Operational Plan Plan must include hours of operation, equipment maintenance schedule, phone number(s), emergency phone number(s), pumpout operation directions, cleaning instructions and VHF channels monitored. A Sample Plan is available at: http: // www. dep .state.fl.us /cleanniarina/CVA/ documents /OperationalPlanExample.doc Quarterly Pumpout Report For a period of five (5) years after completion of the installation of any pumpout project a Grantee is responsible for submitting quarterly pumpout gallon reports to the Department. You may email Pumpout gallon reports may be emailed to: Clean. Vessel. ActAfloridadep.gov or faxed to: 1466 -340 -4683. The Quarterly Pumpout Report maybe downloaded at: http: / /www.dep. state .fl.us /tleanmarina/cva/documents /2017 /cva03 5vear quarterly Reporting' Form.pdf Pumpout Project Certification of Completion The Certificate of Completion Form must be completed and submitted with the final invoice to the Department. The form may be downloaded at: htto: / /www. dep. state. fl. us /cleanmarina/cva/docuinents /2017 /cvaO6 cert completion form.pdf Signage Specifications Grantees are required to display signs to inform boaters about a pumpout facility. Specifications are listed online at: http: / /www.dep. state .fl.tis /cleanmarina/CVA /siens.htm and the required logos may also be requested from the Department. Contact the Department's Grant Manager or request the logos by: Email: Clean. Vessel. Actnu.floridadep.gov Phone: (850) 245 -2100 Pumpout Logsheets Logs must be kept as backup documentation for a period of five (5) years. A Sample Pumpout Logsheet may be downloaded at: http: // www. dep. state. fl. us/ cleanmarina /CVA /documents/2017 /Pumpout Log sheet.pdf Attachment 6 4 of 4 Rev. 4/23/2018 ATTACHMENT 8. 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 1. 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. L 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 Attachment 8 1 of 5 Rev. 4/17/18 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 bylaw. 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 froth 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 Attachment 8 2 of 5 Rev. 4/17/18 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- 7671q.) 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. If applicable, the Recipient shall disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award, using form SF -LLL, available at: https: / /apply07.izrants.2ov /apply /forms /sample /SFLLL 1 2 P- V1.2.pdf 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 tracking 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 -234) 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 Attachment 8 3 of 5 Rev. 4/17/18 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 S.ubrecipient 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 S28 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 CPR & 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 /nrograms/financial ass istance /TermsandConditions, and incorporated by reference. 2L 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 4of5 Rev. 4/17/18 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 ofPublications 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: http:// elips .doi.2ovELIPS/DocView.aspx ?id =1671 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.00v/prants /ate.htmi 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.2ov /subjects /Iwcf /lwcf- manual.htm 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.eov /subjects /lwcf %(wcf- manual.htni 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 seg.). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 8 5 of 5 Rev. 4/17/18 EXHIBIT A PROGRESS REPORT FORM Project Number: Agreement Number: Mv279 Grantee Name: Monroe County Board of,County Commissioners Reporting Period: Year - 2018 Quarter- 2 April, May, June 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 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 C..lean Vessel Act Project Agreement No. MV279 and accurately reflects the activities and costs associated with the approved project. Signature of Grantee's Grant Manager Date CVA02 Exhibit A (Revised 07/21/2017), Page 1 of 1 p• OOP." - Exhibit t Florida Department of Environmental Protection PROPERTY REPORTING, FORM FOR *•...� •� °` DEP AGREEMENT. NO. Mv### Required Signatures: lobe Signature or O r�givafln CONTRACTOR/GRANTEE: In order to comply with applicable state and /or federal regulations, list non - expendable equipment/personal property costing $1,000 or more purchased directly or indirectly under the above Agreement..Comolete:.1) a description of the property, 2) the serial number. or other identification number, 3) the source, 4) who holds title, 5) purchase date, 6) cost, 7) share of that cost, 8) location /address 9) use.and condition, 10) any ultimate disposition data including date of disposal and sale price. Description Serial No. /ID No. Source : Owner Purchase Date Cost % .Charged to DEP Grant Funds Location /: Address Use and Condition Disposition (if sold, include sale price) Ex. Rainfall Gauge 12345 Bid Grantee . MM /DDIMIY: $1,000 1unit 100% . Project Site -123 Main Street,: Tallahassee, FL :New- Rainfall Measurements Permanently installed at project site CONTRACTOR/GRANTEE: Contract/Project /Grant Manager: Date: BELOW FOR DEP USE ONLY DEP MANAGER: Send' invoices supporting the cost of the items to Finance and Accounting for the processing of the Grantee's /Contractor's invoice for a nient. Maintaina co of,the invoices su p y py pporting`the cost of "each item`identified.a6ove in your contract file. Referao'DEP Directive 320;for .Property. Gu idelines... DEP Manager Signature and Date: BFA - 55-211 (Effective 09 -12 -2016) DEP Agreement No. MV09, Exhibit:C, Page L of l