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05/12/1999 Agreement JBann!, 1.. Itolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA mON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF mE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANT A nON KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: Thn~hyJ.McGa~ Director of Growth Management Attention: Isabel T. Reid, Senior Staff Assistant FROM: Ruth Ann Jantzen Deputy Clerk #4/. DATE: 'June 1, 1999 At the May 12, 1999 Board of County Commissioners Meeting, the Board granted approval and authorized execution of a Project Alreement between Monroe County and the Florida Department of Environmental Protection (DEP Agreement No. LE-246) to provide funding for a marine pump-out facility at the Florida Keys Marina in Marathon. Enclosed please rmd three duplicate originals of the above Agreement, executed on behalf of Monroe County. Please be sure that ODe fully executed copy is returned to this off"'JCe as soon .. poaible. If you have any questions regarding the above, please do not hesitate to contact this office. cc: County Attorney Fmance County Administrator, wlo document File ".'.~.,,-.; " ....~.',,,.:....::'m~~r':~,. ..~............~_._~-....,. County of Monroe Growth Management Division 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor Wilhelmina Harvey, Dist. 1 Mayor Pro Tem Shirley Freeman, Dist. 3 Commissioner George Neugent, Dist. 2 Commissioner Nora WiIliams, Dist. 4 Commissioner Mary Kay Reich, Dist. 5 June 24, 1999 Ms. Lisa Wakasugi, Grants Specialist Florida Department of Environmental Protection Division of Law Enforcement 3900 Commonwealth Blvd., M.S. 665 Tallahassee, FL 32399-3000 RE: Project Agreement No. LE-246 (For CV A 98-196) Clean Vessel Act Grant Program Florida Keys Marina in Marathon Dear Ms. Wakasugi: Thanks for your prompt return of the fully executed Project Agreement between Monroe County and FDEP to provide funding for a marine pump-out facility at the Florid\.l)eys Marina in Marathon. I am forwarding the original document to the Clerk for Monroe County's files."* I arn forwarding your letter and a copy of the agreement (along with the grant package and project completion instructions) to Mr. George Garrett, Director of Marine Resources, who is the Project Manager for Monroe County. Please forward all future correspondence regarding this agreement to him at this same address. If you have any questions, you may reach Mr. Garrett at: (305) 289-2507 or SUNCOM 494- 2507. Sincerely, ~~d Isabel Reid, Executive Assistant Growth Management Division fir cc: Jan R. Delaney, Project Manager, DEP James L. Roberts, County Administrator James T. Hendrick, County Attorney Timothy J. McGarry, Director of Growth Management George Garrett, Director of Marine Resources ~ ~ . Ma~ezanos, Recovery Reimbur~t Coordinator ~ cl;;/;';ioer;;;;kd) County of Monroe '~~iil.~ Growth Management Division 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor Wilhelmina Harvey, Dist. I Mayor Pro Tern Shirley Freeman, Dist. 3 Commissioner George Neugent, Dist. 2 Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, Dist. 5 June 24, 1999 Ms. Lisa Wakasugi, Grants Specialist Florida Department of Environmental Protection Division of Law Enforcement 3900 Commonwealth Blvd., M.S. 665 Tallahassee, FL 32399-3000 RE: Project Agreement No. LE-246 (For CV A 98-196) Clean Vessel Act Grant Program Florida Keys Marina in Marathon Dear Ms. Wakasugi: Thanks for your prompt return of the fully executed Project Agreement between Monroe County and FDEP to provide funding for a marine pump-out facility at the Florida Keys Marina in Marathon. I am forwarding the original document to the Clerk for Monroe County's files. I am forwarding your letter and a copy of the agreement (along with the grant package and project completion instructions) to Mr. George Garrett, Director of Marine Resources, who is the Project Manager for Monroe County. Please forward all future correspondence regarding this agreement to him at this same address. If you have any questions, you may reach Mr. Garrett at: (305) 289-2507 or SUNCOM 494- 2507. Sincerely, ~~d Isabel Reid, Executive Assistant Growth Management Division fir cc: ~ Delaney, Project Manager, DEP James L. Roberts, County Administrator James T. Hendrick, County Attorney Timothy J. McGarry, Director of Growth Management George Garrett, Director of Marine Resources Mayra Tezanos, Recovery Reimbursement Coordinator Belle DeSantis, Deputy Clerk FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM DEP Agreement No. LE-246 For CVA 98-196 PROJECT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "DEPARTMENT") and Monroe County Board of County Commissioners whose address is 2798 Overseas Hwv. #420. Marathon. Florida 33050 (hereinafter referred to as the "GRANTEE"), a local aovernment entity, to conduct a project approved under the Clean Vessel Act Grant Program (CFDA 15.616). In consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and GRANTEE do hereby agree as follows: 1. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel Act of 1992, the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85) and Section 370.0608(3)(c)2, Florida Statutes which are hereby incorporated by reference as if fully set forth herein. 2. The GRANTEE agrees to conduct the project known as Clean Vessel Act Improvements, in accordance with the terms and conditions set forth in this Agreement, the Scope of Work as provided in Attachment A, and all exhibits and attachments referenced herein and made a part hereof. 3. The GRANTEE agrees to complete the project on or before September 1, 199~ This Agreement shall become effective upon execution and shall remain in effect fo~ P!Po~ five! (5) years from the date of project completion. The GRANTEE must make proj@~liti& ~ available to the boating public for a minimum of five years after the completion ~~f t~ pr~ct established above. g ('J I ., U1 0 ~ 35 :':~ ;0 ~ - " -. 2:110 4. The project completion date may be extended by written mutual agreement, i~~~daiie wif, Section 287.057(11), Florida Statutes, subject to the same terms and conditiops'arm th~ g availability of funding. Extension of time in which to complete this Agreement ~alrbe in: ::0 writing and shall be requested at least sixty (60) days prior to the completion date as describ~d in paragraph 3 above. 5. The GRANTEE shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 6. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the DEPARTMENT shall pay the GRANTEE on a fixed price basis as specified in Attachment A of this Agreement. The DEPARTMENT may not be invoiced for any work performed prior to the execution of this Agreement or for any work performed after the project completion date established in paragraph 3. All invoices for amounts due under this Agreement shall be CVA 98-196 LE 246 Page 1 of 6 submitted in detail sufficient for a proper pre-audit and post-audit thereof. No travel expenses are authorized under the terms of this Agreement. 7. The GRANTEE shall submit a final invoice to the DEPARTMENT no later than September 16. 1999 to assure the availability of funds for final payment. 8. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 9. Pursuant to Florida Statutes, the DEPARTMENT'S project manager shall have 5 working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEPARTMENT must submit a request for payment to the Florida Department of Banking and Finance within 20 days; and the Department of Banking and Finance is given 10 days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected and approved. Invoice payment requirements do not start until a proper and correct invoice is received. Invoices which have to be returned to a GRANTEE for correction(s) will result in a delay in payment. A Vendor Ombudsman has been established within the Department of Banking and Finance who may be contacted if a GRANTEE is experiencing problems in obtaining payment(s) from a State of Florida Agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 10. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE, interest at a rate as established by Section 55.03 (1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less that $1.00 will not be enforced unless a GRANTEE requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided or the Department's Contracts Section at 850/922-5942. 11. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 12. This Agreement may be terminated by either party, for failure to perform by the non-terminating party, by giving thirty (30) calendar days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of termination by the GRANTEE, only amounts accrued to the date of cancellation shall be due and payable. In case of termination by the DEPARTMENT, the GRANTEE shall be responsible for refunding program funds within sixty (60) days of termination. Failure to comply with the provisions shall result in the DEPARTMENT declaring the GRANTEE ineligible for further participation in the Program. 13. The DEPARTMENT shall have the right to terminate this Agreement and demand refund of Program funds for non-compliance with the terms and conditions of this Agreement. If it becomes necessary for the DEPARTMENT to demand a refund of any or all funds tendered pursuant to this Agreement, the GRANTEE agrees to return said funds to the DEPARTMENT within sixty (60) days after notification by the DEPARTMENT. If not returned within sixty (60) CVA 98-196 LE 246 Page 2 of 6 days, the GRANTEE understands and agrees that any further GRANTEE requests for funding as to this or any other program under the DEPARTMENT'S administration shall be denied until the funds have been returned. 14. Any and all notices shall be delivered to the parties at the following addresses: GRANTEE George Garrett Project Manager MOhf'Ot 0;,fAA1~ ~~~~~~~~i~7q~'OVp~ Ifw'l" Marathon, Fl 33050 11 /.100 DEPARTMENT Jan R. Delaney Project Manager Division of law Enforcement 3900 Commonwealth Blvd., M. S. 630 Tallahassee, Fl 32399-3000 15. The DEPARTMENT reserves the right to inspect the project at any reasonable time and to have reasonable access for such inspection by appropriate state and federal representatives. 16. Pursuant to Section 216.2815, Florida Statutes, all records with respect to receipt and expenditure of the appropriations for money funding this grant shall be public record and shall be treated in the same manner as other public records that are under general law. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provision of Chapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. 17. The DEPARTMENT'S Project Manager is Jan R. Delanev. Proaram Grants Manaaer, Phone 850/488-5600 extension 178. The GRANTEE'S Project Manager is Georae Garrett. Phone 305/ 289-2500. All matters shall be directed to the Project Managers for appropriate action or disposition. 18. The GRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the GRANTEE to solicit or secure the Agreement and that it has not paid or agreed to pay any person, company, or corporation, individual, or firm, other than a bona fide employee working solely for the GRANTEE any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 19. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in leon County, Florida. 21. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three years following CVA 98-196 LE 246 Page 3of6 Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 22. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT, the GRANTEE will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or return the amount due. 23. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power, or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 24. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 25. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or interest in any third party without the mutual written agreement of the parties hereto. 26. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 27. This Agreement is an exclusive grant and may not be assigned in whole or in part without the written approval of the DEPARTMENT. 28. The GRANTEE shall not subcontract, assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT'S Project Manager. The GRANTEE agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 29. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The GRANTEE acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The GRANTEE further agrees to include this provision in all subcontracts issued as a result of this Agreement. 30. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in any case any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Worker's Compensation statute, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of his employees not otherwise protected. CVA 98-196 LE 246 Page 4 of6 31. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in the Agreement. 32. The DEPARTMENT shall have exclusive rights to all designs, logos, mottos, slogans, data or other concepts developed under this Agreement. This provision shall apply whether the property just described is in the possession of the GRANTEE or a third party. 33. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount under Category Two provided in Section 287.017, Florida Statutes, for a period of 36 months from the date of being placed on the convicted vendor list. 34. Any GRANT awarded in an amount of $25,000.00 or more must comply with Executive Order 12549. GRANTEES receiving an award of $25,000.00 or more must submit a fully completed copy of Attachment B entitled Certification Reaardina Debarments. Suspension. Ineliaibilitv and Voluntary Exclusion -- Lower Tier Federallv Funded Transactions. The GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the GRANTEE shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the United States Fish and Wildlife Service to the DEPARTMENT. The GRANTEE shall include the language in this section in all subcontracts or lower tier agreements executed to support the GRANTEE'S work under this Agreement. 35. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501 (c) (4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of the subcontract. 36. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. CVA 98-196 LE 246 Page 5 of 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION . .. ~- BY:\..U . b '.J ........ - ~ "",,--..- -"'. ,,- Signature of Person Authorized to Sign vJl4hLt'{lNPr- IIfeV~ Print Name and Title of Authorized Person Date: '~......... Date: ~(('f/~~ , FEID No. 59-6000749 Federal Employer Identification Num BY ~.~~ DEP Contracts Administrator APPROVED AS TO FORM AND LEGAL SUFmCIENCY ~~7~ Attorney' Office Approved as to form and legality: lhc...~ ,t List of Attachments/exhibits included as part of this Agreement. Tvpe Attachment Attachment Number A B Description(includinc number of paces) Scope of Work (3 pages) Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Federally Funded Transactions (applicable to awards of $25,000.00 and over) (2 pages) CVA 98-196 LE 246 Page 6 of 6 ATTACHMENT A Clean Vessel Grant Program Scope of Work PURPOSE The purpose of the grant 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 purpose of these conditions is to ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Agreement period extending beyond the date of equipment installation or construction completion. These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds. This is a fixed price agreement with matching requirement based on the amount actually paid by the DEPARTMENT to the GRANTEE. The Department of Environmental Protection agrees to pay the GRANTEE, on a fixed price basis, a grant award in the amount of $50.000.00 and the GRANTEE agrees to undertake the project as described and submitted by the GRANTEE in the Grant Application, CV A # 98-196. and provide a minimum 25% non-federal matching funds. The project is located at Marathon Community Marina. 800 35th St. Ocean. Marathon. Florida 33050. CONDITIONS Reimbursement 1. The request for payment shall consist of an invoice on the GRANTEE'S letterhead, clearly marked as invoice. Two invoices and a final invoice are allowed under this Agreement. The GRANTEE shall maintain an itemized listing (by category) of all expenditures claimed, including the dates of service, on GRANTEE invoices submitted to the Department. Receipts clearly reflecting the dates of service and back-up documentation shall be kept and made available by the GRANTEE for auditing purposes. Invoices for the deliverables described on page three (3) of this attachment must explicitly reference the deliverables and the grant award amounts associated with each deliverable. 2. The GRANTEE shall obtain all required permits and approvals prior to commencement of the project. A grant award is not an indication of permitability of a project. A Permit Certification Form, supplied by the DEPARTMENT, shall be sent to and be on file with the DEPARTMENT before invoices will be processed for payment. 3. Match documentation shall be provided in accordance with instructions and on forms available from the DEPARTMENT. Any credit for the match by the GRANTEE shall be based on forms completed and documented to the satisfaction of the DEPARTMENT. 4. The DEPARTMENT shall have fifteen (15) days to review and approve all invoices and reports. Upon review and approval of each invoice and report, the DEPARTMENT will process the invoice for payment. Processing of invoices for payment shall be pursuant to DEPARTMENT procedures and in compliance with Section 215.422, Florida Statutes. 5 The final invoice shall be accompanied by a completed and signed project completion form to be provided by the DEPARTMENT, an operational plan as described in Condition 1 of the Operations section of this Attachment, a description of the operational log required under Condition 8 of the Operations section of this Attachment, and photographs of the completed project. Attachment A CVA 98-196 LE 246 Page 1 of 3 Operations 1. The pumpout facility or dump stations will conduct its operations under an operational plan of the GRANTEE that specifies hours of operation, maintenance principles, methods in determining volume of material pumped including the use of flow meters as may be necessary, information/educational materials on pumpout operation and assurances that the pumpout facility or dump station will be used solely for the collection of boat sewage. This plan will be submitted with the certification of project construction completion. 2. Each pumpout facility or dump station funded under this project shall be open and available to the recreational boating public. Each pumpout facility or dump station shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the full period of the pumpout facility or dump station's life. 3. The GRANTEE will provide marine sanitation and pumpout information for boat owners and training for pumpout operators. These services may be provided through such methods as information materials, on site instruction or audio-visual methods by the marina owner/operator, equipment vendors, harbormaster or local government personnel. 4. The location of each pumpout facility or dump station will be continually identified through informational markers. All informational markers located on the waters of the state shall be with prior approval of the Department of Environmental Protection, Division of Law Enforcement, as required by permitting procedures established by Florida Statutes and the Florida Administrative Code. 5. Informational placards stating fees, hours of operations, instructions, and operator name and telephone number shall be posted in a clearly visible location on the station housing. The placard shall have posted emergency phone numbers for reporting service problems and shall include the following statement: Funded in part by the U. S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of Environmental Protection, Division of Law Enforcement. 6. Pumpout facilities will be designed and operated in accordance with state and local health regulations. 7. Pumpout 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 submittal for approval of an itemized operational cost justification by the Department of Environmental Protection, Division of Law Enforcement. Fee accounting will be provided with the annual log described below. If fees are collected, such proceeds shall be retained, accounted for, and used by the operator exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials. 8. The pumpout operator shall maintain an operational log to be submitted to the DEPARTMENT the first day of each calendar quarter beginning with the quarter during which completion of construction or installation of equipment occurred. The log shall document use of the equipment by number of pumpout services events, gallons pumped, fees charged, and maintenance, labor, or other operational costs incurred. Volume of sewage handled must be determined as described in the approved operational plan. Costs may be estimated unless greater than $5 fees are charged. Collection of higher fees require detailed accounting of operational costs through a method included in and approved with the operational plan. Attachment A CVA 98-196 LE 246 Page 2 of 3 DELlVERABLES The following is a schedule of deliverables and related amounts. The specific grant award amounts for each of the deliverables listed in the schedule below may vary; however, the maximum grant award amount is as stated on page 1 of this Attachment. The grant award amount to be provided by the DEPARTMENT is based on the amount recommended and approved by the DEPARTMENT for this specific project. The dollars expended or in-kind effort by the GRANTEE shall be at least 25% of the total project amount as listed below. Schedule of Deliverables and Amounts Deliverables Detail Project Grant Amount Amount Permitting State and local permits required for $1,591.00 $1,193.25 installation of equipment. Construction Labor and materials required to $43,765.00 $32,823.75 prepare site for equipment. Renovation Labor and materials necessary to $0.00 $ 0.00 restore pumpout equipment. Equipment Purchase Pumpout or waste receptacle $9,707.00 $7,280.25 equipment and associated piping to be installed. Equipment installation Plumbing supplies, delivery and $4,774.00 $3,580.50 labor. Operations and Maintenance Necessary repair of equipment $6,668.00 $5,001.00 including parts and labor. Information signs and Advertisements, handouts, pumpout $161.66 $ 121.25 brochures logo, channel marker, and operational signage. Education and instructional Brochures or handout information $0.00 $ 0.00 materials about the Clean Vessel Act and the equipment available for public use. Total Project Amount $66,666.66 Total Grant Award Amount $50,000.00 Total Match Amount $16,666.66 Attachment A CVA 98-196 LE 246 Page 3 of 3 ATTACHMENT B Clean Vessel Grant Program CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors under DEP AGREEMENT NO. LE- 246 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph 2.(a) of the Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or Local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,199 . By Authorized Signature/Contractor Typed NamefTitle Contractor's Firm Name Street Address Building, Suite Number City/StatelZip Area CodefTelephone Number CVA 98-196 LE 246 Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this Agreement is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this Agreement is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this Agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier agreement, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this Agreement that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all Agreements or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List (Telephone No. (202) 501-4740 or (202) 501-4873). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. CVA 98-196 LE 246 Page 2 of 2