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Item H4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 21. 2009 Division: Growth Management Bulk Item: Yes --X- No Department: Marine Resources Staff Contact: Richard Jones AGENDA ITEM WORDING: Approval of DEP Agreement No: LE655, Amendment No. 1 between the Florida Department of Environmental Protection and Monroe County extending the current Agreement for eighteen (18) months to allow for utilization of the remaining grant funds for operational costs for the Marine Resources pumpout vessel. ITEM BACKGROUND: In August 2008 the Board approved DEP Agreement No: LE655 which provided grant funding up to $57,000 for operating costs for the Marine Resources pumpout vessel. The Agreement provides funding through October 5,2009. Approximately $20,000 remains unspent. The Amendment extends the Agreement through April 5, 2011, allowing for full utilization ofthe grant funding. PREVIOUS RELEVANT BOCC ACTION: August 2008- Approval of DEP Agreement No: LE655 between the Florida Department of Environmental Protection and Monroe County providing up to $57,000 for off-setting operating costs for the Marine Resources pumpout vessel. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 76.000 BUDGETED: Yes -L No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: $ 19.000 SOURCE OF FUNDS: in-kind REVENUE PRODUCING: Yes No~ AMOUNTPERMONTH_ Year APPROVED BY: County Atty ---X- OMB/Purchasing--X- Risk Management -.X DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida D.E.P Contract # Effective Date: Expiration Date: LE655 upon execution April 5, 2011 Contract PurposelDescription: Clean Vessel Act Agreement No: LE655, Amendment No.1 providing for an extension of eighteen (18) months to continue funding for the vessel pump out project, and allow for full utilization of the $57,000 provided in the Agreement for reimbursement of o erational costs for the Count vessel urn out ro ram. Contract Manager: Richard Jones (Name) 2805 (Ext.) Growth Mana ement/ll (Department/Stop #) for BOCC meeting on II) .11 I)' Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ 76,000 Budgeted? Yescgj No D Account Codes: Grant: $ 57,000 County Match: $ 19,000 (in-kind) Current Year Portion: $ 20,000 125-530iJ-530490-GB0801-530490 - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) DEP AGREEMENT NO. LE655 AMENDMENT NO.1 THIS AGREEMENT as entered into on the 30th day of September, 2008, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP") and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended. WHEREAS, the Grantee has requested an extension of eighteen (18) months to continue the project; and, WHEREAS, the Grantee has requested and the Department has agreed to a no cost time extension to allow for the proper completion of the project; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: Paragraph 4 is hereby deleted and replaced with the following: 4. A. This Agreement shall begin upon execution by both parties and end no later than April 5, 2011, inclusive. This Agreement may be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Legislature. B. In the event of a change in ownership, the Grantee is required to notify the Department in writing of such change no later than ten (10) days after the change in ownership occurs, and the Grantee is required to notify the new owner of this Agreement, the obligation to continue maintenance and operations as well as reporting for the remaining life of this Agreement prior to the change. The "Bill of Sale" or other official document transferring ownership shall include these grant requirements. Any change in ownership will require an amendment to this Agreement. Should the new owner refuse to assume the obligations as set forth in this Agreement, the original Grantee shall reimburse the Department for the value of the equipment as specified in 43 CFR, Part 12.72. Paragraph 5 is hereby deleted and replaced with the following: 5. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $57,000.00 toward all eligible costs associated with the Project as described in Attachment A-I, Revised Scope of Work and Conditions. Prior written approval from the Department's Grant Manager shall be required for changes between approved budget categories of up to 10% of the total budget amount. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the u.S. Fish and Wildlife Service and/or the Florida Legislature. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B-1, Revised Grant Payment/Match Request Form, an invoice, and supporting documentation. Supporting Documentation shall include an invoice on the Grantee's letterhead clearlymarked as invoice; an itemized listing (by category) of all expenditures claimed, DEP Agreement No. LE655, Amendment No.1, Page 1 of 5 including the dates of service. Receipts and cancelled checks clearly reflecting the dates of service and back-up documentation, including any subcontractor invoices if applicable, shall be available upon request. The Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with Attachment E, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. Invoices for the deliverables described in Attachment A-I must explicitly reference the deliverables and the grant award amounts associated with each deliverable. Partial payments of project costs are allowed under this Agreement. The Grantee shall submit a final invoice to the Department no later than April 19, 2011, to assure the availability of funds for final payment. Costs directly associated with the proper collection and disposal of sewage from recreational boaters for removal and disposal by sewage haulers will be reimbursed at a reasonable rate. Reasonable rate will be the current salary plus fringe benefits of the employee performing the functions which have been approved by the Department. Upon'approval and payment of the final invoice, any remaining funds will be unencumbered. No travel expenses are authorized under the terms of this Agreement. C. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide and allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at http://www.access.gpo.gov/nara/cfr/cfr-table-search.htrnl and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A-I02 and A-110 (2 CFR 215) at http://www . whitehouse. gov/omb/circulars/index.htrnl#numerical. D. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more than $2,500 and less than $100,000 and submit said quotes to the Department for review and approval of the quote amount prior to the commencement of any work under this Agreement. Written quotes shall be for items that are alike in function, operation and purpose. An explanation will be required whenever the Grantee elects to use the vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the projected Project costs. The Department shall make no reimbursement from grant funds until this documentation has been provided and approved. Any purchase over $100,000 shall comply with the procurement requirements described in 43 CFR 12.76. E. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25% of the total amount actually expended on the Project. All cost sharing/match shall meet the federal requirements established in 43 CFR, Part 12 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A-21 (2 CFR 220). F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LE655, Amendment No.1, Page 2 of 5 Organization Type Applicable Cost Principles State, local or Indian tribal government. OMB Circular A-87 (2 CFR 225) Private non-profit organization other than (1) an OMB Circular A-122 (2 CFR230) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subiect to that circular. Education Institutions OMB Circular A-21 (2 CFR 220) For-profit organization including an organization 48 CFR Part 31, Contract Cost Principles and named in OMB A-122 as not subject to that Procedures, or uniform cost accounting standards circular. that comply with cost principles acceptable to the federal agency. Hospital 45 CFR Subtitle A - Appendix E to Part 74- Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals Paragraph 7 is hereby deleted and replaced with the following: 7. The Grantee shall submit progress reports on a quarterly basis until the Project completion date identified in paragraph 4.A. Progress reports shall describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Grantee shall utilize Attachment F, Progress Report Form, for submitting its progress report. Reports shall be submitted to the Department's Grant Manager no later than fifteen (15) days following the completion of the quarterly reporting period. The Department's Grant Manager shall have thirty (30) calendar days to review deliverables submitted by the Grantee. Paragraph 12 is hereby revised to add the following language as subparagraph 12C: C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment G, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment G should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. Paragraph 16 is hereby revised to change the fax number to (850) 245-2159. Paragraph 20 is hereby deleted and replaced with the following: 20. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Project Agreement. Paragraph 21 is hereby deleted and replaced with the following: 21. A. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timelines within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership shall require formal amendment to this Agreement, and will not be eligible for processing through the change order procedures described above. DEP Agreement No. LE655, Amendment No.1, Page 3 of 5 B. In the event of a change in the Grant manager for the Grantee or for the Department, each party will notify the other party in writing of such change within thirty (30) days after the change becomes effective. The notice shall be sent from the Grantee's representative authorized to execute agreements to the Department's Grant Manager. The Department's Grant Manager will transmit a copy of such change to the Department's Procurement Office and the Contract Disbursement Office for inclusion in the Agreement file. Paragraph 23 is hereby revised to change the CFR to 2 CFR 1400 and to add the following language after the last sentence: The Grantee shall include the language of this section in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. The language included in the Agreement as Paragraph 26 shall hereinafter be referenced as Paragraph 28. The following language is hereby added to the Agreement as Paragraphs 26 and 27: 26. A 3 x 4 foot sign of the International Pumpout Symbol shall be placed on a dock or on land, facing the waterway and easily visible to the boaters. Sign specifications can be found at the following link: http://wsfiprograms.fws.gov/Subpages/ToolkitFiles/fasymb.odf. In addition, informational signage stating fees, hours of operation, instructions, and operator name and telephone number shall be posted in a clearly visible location. The sign 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." 27. The Grantee agrees to comply with, and include as appropriate in contracts and sub grants, the provisions contained in Attachment H, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment I, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. Attachment A, Scope of Work and Conditions is hereby deleted in its entirety and replaced with Attachment A-I, Revised Scope of Work and Conditions, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-I, Revised Scope of Work and Conditions. Attachment B, Grant Payment/Match Request Form is hereby deleted in its entirety and replaced with Attachment B-1, Revised Grant Payment/Match Request Form, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B shall hereinafter refer to Attachment B-1, Revised Grant Payment/Match Request Form. Attachment C, Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment C-I, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B shall hereinafter refer to Attachment C-I, Revised Special Audit Requirements. Attachment D, Property Reporting Form, is hereby deleted from this Agreement. Attachment E, Contract Payment Requirements, attached hereto is hereby added to the Agreement. Attachment F, Progress Report Form, attached hereto is hereby added to the Agreement. Attachment G, Certification of Applicability to Single Audit Act Reporting, attached hereto is hereby added to the Agreement. DEP Agreement No. LE655, Amendment No. 1, Page 4 of5 Attachment H, Contract Provisions, attached hereto is hereby added to the Agreement. Attachment I, Regulations, attached hereto is hereby added to the Agreement. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director, Office of Sustainable Initiatives Date: Date: j~~ Brenda Leonard, DEP Grant Manager ATIEST: Danny L. Kolhage, Clerk Deputy Clerk ~.AJk ~~ DEP Contracts Administrator A roved as to forw ll1l{i ~ality: "" u"'" \Q 'J ............- *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Tvpe Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Letter/Number A-I B-1 C-l E F G H I Description (include number of pages) Revised Scope of Work and Conditions (2 Pages) Revised Grant Payment/Match Request Form (1 Page) Revised Special Audit Requirements (5 Pages) Contract Payment Requirements (1 Page) Progress Report Form (1 Page) Certification of Applicability to Single Audit Act Reporting (1 Page) Contract Provisions (3 Pages) Regulations ( 1 Page) DEP Agreement No. LE655, Amendment No. 1, Page 5 of5 ATTACHMENT A-I Clean Vessel Act Grant Program Revised Scope of Work and Conditions OPERATIONS, REPAIR AND MAINTENANCE AND SEWAGE HAULING PURPOSE The purpose of the Clean Vessel Act Grant Program is to establish or restore pwnpout 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 period identified in paragraph 4.A. of this Agreement. This is a cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award in an amount not to exceed $57,000.00 and the Grantee agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CV A 08-498, and provide a minimum 25% non-federal matching funds. The project is located at 2798 Overseas Highway, Marathon, Florida 33050. CONDITIONS Reimbursement for Operations, repair and maintenance of pumpout equipment and sewage hauling 1. Match documentation shall be provided in accordance with instructions and submitted on Attachment B, Payment Match Request Form. Any credit for the match by the Grantee shall be based on forms completed and documented to the satisfaction of the Department. 2. Grantee invoices will be processed by the Department in an expeditious manner upon approval of all required documents as outlined in Paragraphs 5.B. through 5.E. of this Agreement. The Department shall have thirty (30) days to review and approve all invoices and reports. Upon review and approval of each Grant Payment/Match Request Form and Progress Report Form, the Department will process the request for payment. 3. The final request for payment shall be accompanied by a completed and signed Project Completion Form to be provided by the Department, a copy of the Operational Plan as described in Condition 1 of the Operations section of this Attachment, and a copy of the operational log required under Condition 8 of the Operations section of this Attachment, and photographs of the completed project. 4. 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. Operations 1. The Grantee will conduct operations of the pumpout facility under an Operational Plan that specifies hours of operation, maintenance principles, methods in determining volume of material pwnped including the use of flow meters as may be necessary, informational/educational materials on pwnpout operation and assurances that the pumpout equipment and vessels will be used solely for the collection and hauling of recreational boater sewage. This plan will be submitted with the certification of Project Completion Form. 2. Each pwnpout facility funded under this Agreement shall be open and available to the recreational boating public. Each pwnpout facility shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the period of time identified in paragraph 4.A. of this Agreement. 3. The Grantee will provide marine sanitation and pump out information for boat owners and training for pwnpout operators. These services may be provided through such methods as informational materials, on DEP 55-240 (6/2009) DEP Agreement No. LE655, Attachment A-I, Page 1 of2 site instruction or audio-visual methods by the facility owner/operator, equipment vendors, harbormaster or local government personnel. 4. Pumpout facilities will be designed and operated in accordance with state and local health regulations. 5. Pumpout services will be provided free of charge or for a fee not to exceed $5 per vessel. Fees greater than $5 require prior written approval by the Department of an itemized operational cost justification. Fee accounting will be provided with the quarterly log described below. If fees are collected, such proceeds shall be used by the facility exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials. 6. The pumpout facility operator shall maintain an operational log to be submitted to the Department the last day of each calendar quarter beginning with the quarter during the date of execution of this Agreement 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. Collections of higher fees require detailed accounting of operational costs through a method included in and approved with the operational plan. T ASKSIDELlVERABLES The following is a schedule of tasks/deliverables and budget amounts for the completion of those tasks. Prior written approval from the Department's Grant Manager shall be required for task amount changes between approved tasks that do not exceed up to 10% of the total budget amount. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. No reimbursement will be made that exceeds the grant award amount. An increase in funding or date extension will require a formal written amendment to the project agreement. 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 a third party on behalf of the Grantee shall be at least 25% of the total amount actually expended on the project. If third party match will be claimed, the Grantee must submit a letter from the third party that identifies the match source and submit it to the Department for prior approval. Order of TaskslDeliverables and Amounts Tasks DetaillDeliverables Total Project Amount (100%) Operations, Repair and Costs associated with operations, $40,000.00 Maintenance preventative maintenance and repair of pump out equipment, including parts and labor. Sewage Hauling Costs associated with hauling sewage to $36,000.00 permitted wastewater treatment facility. Total Pro.iect Amount 100% $76,000.00 Total Grant Award Amount 75% $57,000.00 Total Match Amount 25% $19,000.00 DEP 55-240 (6/2009) DEP Agreement No. LE655, Attachment A-I, Page 2 of2 ATTACHMENT B-1 REVISED GRANT PAYMENT/MATCH REQUEST Monroe County Board of County Commissioners LE655 CV A 08-498 DEP Program: Clean Vessel Act Grant Program If Department payment is being requested, an invoice on your letterhead must accompany this form. TOTAL PROJECT (100%) of costs Permitting $ N/A Construction N/A Renovation N/A Equipment Purchase N/A Equipment Installation N/A Operations Maintenance and Repair Sewage Hauling Pumpout Signage N/A Education and Instructional Materials TOTAL PROJECT N/A $ 25% Grantee match $ 75% reimbursable to Grantee $ I attest that documentation has been and will be maintained as required by this Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project Agreement No. LE655: I further attest, that (name of the marina or entity) has complied with the terms and conditions of this Agreement. Grantee's Proj ect Manager Date DEP 55-240 (5/09) DEP Agreement No. LE655, Attachment B-1, Page 1 of 1 ATTACHMENT C-l REVISED SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply. and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. DEP 55-215 (03/09 DEP Agreement No. LE655, Attachment C-l, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(m), Florida Statutes. I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state fmancial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state fmancial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state fmancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state fmancial 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 web site located at httos://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.1eg.state.fl.us/Welcome/index.cfm. State of Florida's website at http://www.mvflorida.com/. Department of Financial Services' Website at htto://www.fldfs.com/ and the Auditor General's Website at htto://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (03/09 DEP Agreement No. LE655, Attachment C-l, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System and can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies offmancial 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 the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 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 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09 DEP Agreement No. LE655, Attachment C-l, Page 3 of5 4. Copies of reports or management letters required by P ART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09 DEP Agreement No. LE655, Attachment C-l, Page 4 of 5 .... I E-< .... = ~ f;I;l 6 ~ ~ o ....:l ....:l o ~ ~ ::I: E-< ~ o E-< CI) ..... 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'" "'.... 0"'0 .!:l < 0 g. --; go O"l"""'lo .... g '" o ',fl"'c:l ......"'= S"U g 8.g .~ :::::..: la <U0"'c:l ...c::~o '" '" = 0 = o...c:: 0 ..... ...... .D .S< t; 0 g ;:0 ..... .... = e o 0:1 <u -B..........'" o^] ] ~...c:: ~ .0 . 0 <u ;E -B "'c:lu...c:: J:l ~ .!:l '.z:;:l ;E ...c:: = u ~ Q,)M M :s!r-<8 13 -; '" <u ~ ~ . bON 0 t) o . ~ <u ....\0 ./:l s:l."": c ...c::N-€-o ~s ~u ~ g..E .s ~6 ~.s ..... 0\ C ~ 5 8.0 '" 0 ~bO :A< "'~ a..~ ~Q "'c:l .... ~ < ...... ,fl o E-< lI) .... o lI) o bO <u ~ - u = ] u ~ < lI) lI) \0 ~ ....:l o Z ATTACHMENT E Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. (1) Salaries: Listed below are examples of the types of documentation representing the minimum requirements: (2) Fringe Benefits: (3) Travel: (4) Other direct costs: (5) In-house charges: (6) Indirect costs: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. N/ A under this Agreement. Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. N/A under this Agreement. If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. N/ A under this Agreement. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.comlaadir/referenceguide.htm DEP 55-219 (05/2008) DEP Agreement No. LE655, Attachment E, Page 1 of 1 ATTACHMENT F PROGRESS REPORT FORM DEP Agreement No.: LE655 Grantee Name: Grantee Address: Grantee's Grant Manager: I Telephone No.: I Quarterly Reporting Period: Proiect Number and Title: Provide a summary of project accomplishments to date. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., copies of permits, photographs, etc.) This report is submitted in accordance with the reporting requirements ofDEP Agreement No. LE655 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. LE655, Attachment F, Page 1 of 1 ATTACHMENT G CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Grantee's Name: Grantee's Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Please identify grants to be included in the Single Audit that are provided by the Department of Environmental Protection CSFA# CFDA# DEPGRANTAGREEMENTNUMBER CERTIFICATION STATEMENT: . I hereby certify that the above information is correct: Name Date Title DEP Project Agreement No. LE655, Attachment G, Page I of I ATTACHMENT H Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "0ffice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. II 2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week.. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 V.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 Y2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements, II and any implementing regulations issued by the awarding agency. DEP Agreement No. LE655, Attachment H, Page I 00 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8_ Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension. II This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and sub grants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 V.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EP A). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age DiscrimjDation Act of 1975, as amended (42 V.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (p.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (p.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 V.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 - 1508 and 7324 - 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEP Agreement No. LE655, Attachment H, Page 2 of 3 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 D.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 D.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 V.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 V.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 V.S.C. 469a-1 et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 V.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 V.S.C. 4801 et seq.) that prohibits the use oflead-based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. ~ 702) and DoC Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)" published in the Federal Register on November 26, 2003, 68 FR 66534), which require that the recipient take steps to provide a drug-free workplace. 22. Compliance with the Buy American Act (41 V.S.C. lOa-toe) By accepting funds under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American-made. 23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 D.S.C. 7104(g). REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP Agreement No. LE655, Attachment H, Page 3 of3 ATTACHMENT I REGULATIONS Formal regulations concerning administrative procedures for Department of Interior (DOl) grants appear in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this A~eement. General 43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOl Grants and Other Federal Assistance 43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative agreements to state and local governments 43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations 43 C.F.R. 18 New restrictions on lobbying 43 C.F .R. 43 Government wide requirements for drug-free workplace Other Federal Re2ulations 2 C.F .R. 1400 Suspension and Debarment 48 C.F.R. 31 Contract Cost Principles and Procedures Office of Mana2ement and Bud2et Circulars A-21 (2 CFR 220) Cost Principles for Educational Institutions A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments A-122 (2 CFR Cost Principles for Non-Profit Organizations 230) A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LE655, Attachment I, Page 1 of 1 . .' " Mou!"Oe C('-~Jo,..,.. ""ft,,,_u... ~~e Ori~ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM DEP Agreement No: LE6SS For CV A 08-498 F PROJECT AGREEMENT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Pep!!J1n1ent" or "DEP") and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 2798 Overseas Highway, Suite 420, Marathon, Florida 33050 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to conduct a project approved under the Clean Vessel Act Grant Program (CFDA 15.616). and, WHEREAS, the Department is the recipient offederal financial assistance from the U.S. Fish and Wildlife Service; WHEREAS, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal financial assistance from the U.S. Fish and Wildlife Service. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: I. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel Act of 1992, and the Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85) which are hereby incorporated by reference as if fully set forth herein. 2. The Grantee agrees to conduct the project known as Florida Clean Vessel Act Program, 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. By executing this Agreement, the Department certifies that a site visit has been conducted to verify and document that the project activities and location of the work described in Attachment A meet the categorical exclusion criteria under the National Environmental Policy Act (NEP A) and that activities conducted as a result of this Agreement will have no impact on any species listed in the NEP A criteria. The Department will maintain the site visit documentation in its files in Tallahassee in accordance with the conditions of the Department's source grant agreement with the U.S. Fish and Wildlife Service. 4. The Grantee agrees to complete the project on or before October OS, 2009. This Agreement shall become effective upon execution by both parties and shall remain in effect for a period of five (5) years from the date of project completion. The Grantee must make project facilities available to the boating public for a minimum of five (5) years after the completion date of the project established above. In the event of a change in ownership, 1i1e Grantee is required to notify the Department in writing of such change no later than ten days after the change in ownership occurs, and the Grantee is required to notify the new owner of this Agreement, the obligation to continue maintenance and operations as well as reporting for the remaining life of this Agreement prior to the change. The "Bill of Sale" or other official document transferring ownership shall include these grant requirements. Any change in ownership will require an amendment to this Agreement. Should the new owner refuse to assume the obligations as set forth in this Agreement, the original Grantee shall reimburse the Department for the value of the equipment as specified in 43 CFR, Part 12.72. This Agreement may be amended to provide for additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the Legislature. DEP 55-240 (12/05) DEP Agreement No. LE655, Page 1 of8 " 5. A. As consideration for the services rendered by the Grantee under the tenns of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $57,000.00 toward all eligible costs associated with the project as described in Attachment A, Scope of Work. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Grant PaymentlMatch Request Form and an invoice. The request for payment shall include an invoice on the Grantee's letterhead, clearly marked as invoice. 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 and cancelled checks clearly reflecting the dates of service and back-up documentation, including any subcontractor invoices if applicable, shall be submitted to the Department, along with Grantee invoices for auditing purposes. Invoices for the deliverables described in Attachment A must explicitly reference the deliverables and the grant award amounts ~sociated with each deliverable. Partial payments of project costs are allowed under this Agreement. The Grantee shall submit a fmal invoice to the Department no later than October 19, 2009, to assure the availability offunds for final payment. No travel expenses are authorized under the tenns of this Agreement. C. The Grantee may be reimbursed for costs associated with the proper disposal of sewage collected through the system installed as described and estimated in Attachment A. Such reimbursement will require submittal of supporting documentation as described in Paragraph 5.B. above and will be on a match basis as described in Paragraph 5.F below. Only those costs directly associated with the proper collection and disposal of sewage from recreational boaters for removal and disposal by sewage haulers will be reimbursed. Reimbursement under this clause shall be available starting the first quarter after completion of the project as described in Attachment A and end five years after project completion. No extension beyond the five year period as stated in Paragraph 4 above will be granted. D. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at htto:llwww.fldfs.comlaadir/reference%5Fl!Uide and allowable costs for Federal Programs can be found under 48 CPR Part 31 at http://www.access.gpo.20V/naralCfr/Cfr-table-search.htmIandOMBCircularsA_87.A_122.A_21.as appropriate, at http://www.whitehouse.gov/omb/circulars/index.htm1#numerical. E. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more than $2,500 and submit said quotes to the Department for review and approval prior to the commencement of any work under this Agreement. Written quotes shall be for items that are alike in function, operation and purpose. An explanation will be required whenever the Grantee elects to use the vendor quoting other than the lowest price. The Department has the right to reject all quotes and require additional documentation supporting the projected project costs. The Department shall make no reimbursement from grant funds until this documentation has been provided and approved. Any grant over $100,000 shall comply with the procurement requirements described in 43 CPR 12.76. F. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form of cash or third party in-kind, on the part of the Grantee. The match expended by the Grantee shall be at least 25% of the total amount actually expended on the project. All cost sharing/match shall meet the federal requirements established in 48 CFR, Part 31 and OMB Circulars A-87, A-122 and A-21, as appropriate. G. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For pwposes of this Agreement, the following cost principles are incorporated by reference. DEP 55-240 (12105) DEP Agreement No. LE6S5, Page 2 ofs " Or2anization Type Applicable Cost Principles State, local or Indian tribal government. OMB Circular A-87 Private non-profit organization other than (1) an OMB Circular A-122 institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subiect to that circular. Education Institutions OMB Circular A-21 For-profit organization other than a hospital and an 48 CPR Part 31, Contract Cost Principles and organization named in OMB A-122 as not subject Procedures, or uniform cost accounting standards to that circular. that comply with cost principles acceptable to the federal agency. 6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 7. The Grantee shall record and maintain pumpout infonnation to be submitted to the Department on a quarterly basis on a form provided by the Department. This form can be accessed online at http://www.dep.state.fl.usllaw/GrantslCVNpumpouts.htm. Quarterly forms shall be submitted to the Department's Grant Manager no later than 15 days following the last day of the reporting quarter beginning with the quarter during which the completion of the construction or installation of equipment occurred. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. 8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 9. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. 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 made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 10. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. 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. C. Wholly or partly suspend or tenninate this Agreement. DEP 55.240 (12/0S) DEP Agreement No. LE655. Page 3 of 8 ',. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department e'tpressly authorizes them in the notice of suspension or tennination. Other Grantee costs during suspensiO'n or after termination which are necessary and not reasonably avoidable are allowable if the following apply. 1. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the tennination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 11. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any-work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involVing the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following fmal diSposition. 12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment C (Special Audi(Requirements), attached hereto and incoIporated herein by reference. Exhibit 1 to Attachment C summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment C. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated infonnation. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type offmancial assistance (federal and/or state) identified in Attachment C; Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state fmancial assistance, the Grantee shall utilize the fOrm entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (fonn number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: httos://apos.fldfs.comlfsaa DEP 55-240 (12/05) DEP Agreement No. LE655, Page 4 of 8 The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.. B. The Department of Environmental Protection supports diversity in its procurement program and requests That all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities maybe obtained by contacting the Office of Supplier Diversity at (850) 487-0915. C. 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. D. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of The Department. 14. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congressj or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes 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 16. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for the Agreement is identified below. Brenda Leonard Florida Department of Environmental Protection Division of Law Enforcement, MS665 3900 Conunonwealth Boulevard Tallahassee, Florida 32399-3000 Telephone No.: 850-245-2847 Fax No.: 850-245-2859 E-mail Address: Brenda.Leonard@dep.state.fl.us 17. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. The Department must be notified in writing of any change in this information within ten days. Richard Jones Monroe County 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Telephone No.: I 305-289-2805 Fax No.: I 305-289-2536 DEP 55-240 (12/05) DEP Agreement No. LE65S, Page 5 of 8 c 18. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 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 perfonnance of services required. 20. Upon satisfa,ctory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting FonD, provided as Attachment D, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with grant funds and held in his possession for use in a contractual arrangement with the Department. 21. A. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, task timelines within current authorized Agreement period, method or manner of perfonnance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, or a change in ownership shall require formal amendment to this Agreement, and not be eligible for processing through the change order procedures described above. B. The project completion date may be extended by change order issued by the Department, subject to the same terms and conditions and the availability of funding. Request for extension of time in which to complete this project shall be in writing and shall be requested at least sixty (60) days prior to the completion date as described in paragraph 4 above. 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 perfonnance of this Agreement. 22. A. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or COnsultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487- 0915. 23. In accordance with Executive Order 12549, Debarment and Suspension (43 eFR 12.75), the Grantee certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the U.S. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. DEP 55-240 (J2/05) DEP Agreement No. LE655, Page 6 of 8 24. The U.S. Fish and Wildlife Service and the Depar1ment, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant support. 25. Land acquisition is not authorized under the terms of this Agreement. 26. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers- of provisions of this- Agreement shall only be valid when they have been reduced to writing, dUly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DEP 55.240 (12/05) DEP Agreement No. LE6SS, Page 70f8 . . 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 B Signature of Person Authorized MAYOR/CHAIRPERSON By: ~.LhJ\~_ ~ J Director, ~HviBi6B ~fl,a.. ~Mar88!MB:' or designee ~Wt~4! qc.:su...."'./e :z:".1,cI,'V!: Date: 9J~(J /~a I Print Name and Title of Authorized Person KARIO DIGENNARO, MAYOR Date: ~\~OIGo ~. j-'UU-A~.-L Brenda Leonard, DEP Grant Manager FEID No. 59-6000749 ~~51~ DEP Contracts Administrator ATTEST: DANNY L. KOLBAGE 0.)ak~ C. lQJj.Qvy\t-L} Deputy Clerk Ap roved as to fo~ and l~ty: _ ~cn. ~ t;::, w '-....::: *For Agreements with governmental boards/commissions: If someone other than the Chainnan signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the govenunental board/commission must accompany the Agreement. . List of attachments/exhibits included as part of thiS Agreement: SpecifY Type Letter/ Number Description (include number of pages) Attachment Attachment Attachment Attachment ~ --IL ~ JL. Scope of Work and Conditions (4 Pages) Grant Pavment/Match Reauest Form (1 Page) Soecial Audit Reauirements (5 Pages) Prooerty Reoorting Form (1 Page) DEP 55.240 (12/05) DEP Agreement No. LE655, Page 8 of 8 ATTACHMENT A Clean Vessel Act Grant Program Scope of Work PURPOSE The purpose of the grant is to establish or restore pumpout facilities that are 9perational 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, including the five (5) year 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 cost reimbursement Agreement with matching requirement based on the amount actually paid by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement basis, a grant award in an amount not to exceed $57.000.00 and the Grantee agrees to undertake the project as described and submitted by the Grantee in the Grant Application, CVA 08-498, and provide a minimum 25% non-federal matching funds. The project is located at 2798 Overseas Hiahwa~ Marathon. Florida 33050. CONDITIONS Reimbursement for. Project Installation 1. 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. 2. 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. The cost for the collection and disposal of sewage is not considered part of the project installation and cannot be used as match for that phase of the Agreement. 3. Grantee invoices will be processed by the Department in an expeditious manner upon presentation of all required documents as outlined in Paragraphs 5.B. through 5.E. of this Agreement. 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. . 4. 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. Reimbursement for Sewage Collection and Disposal Costs 1. Costs for collection and disposal of sewage collected from boaters by providing pumpout services can be reimbursed up to 75 percent of the actual cost during the five-year period after installation subject to the availability of funds provided they have been included in paragraph 2 below. 2. The request for payment shall consist of an invoice on the Grantee's letterhead, clearly marked as invoice. Quarterly invoices for reimbursement of collection and disposal costs for sewage collected from boaters are allowed under this Agreement. The Grantee shall report all expenditures claimed, including the dates of service, on Grantee invoices submitted to the DEP 55-240 (12/05) DEP Agreement No. LE655, Attachment A, Page 1 of 4 Department. Documentation of the amount of sewage material collected from boaters must be provided and attested to by staff. Documentation including receipts from sewage haulers clearly reflecting the dates of service, amount collected and amount charged, along with Grantee invoices and copies of cancelled checks used to pay the haulers for their services, shall be submitted to the Department for auditing purposes. Invoices must explicitly reference the amount of sewage collected from boaters through pumpout services as well as the cost of disposal charged by sewage haulers. 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. The cost for the collection and disposal of sewage is not considered part of the project installation and cannot be used as match for that phase of the Agreement. 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. Invoices must be received 60 days prior to project completion date in order to ensure payment under the terms of this Agreement. 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 five year period as described and set forth in Paragraph 4 of this Agreement. 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 using the international pumpout logo on a sign of at least three feet by four feet in size. All informational markers located on the waters of the state shall be with prior approval of the Department 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. Pumpout facilities will be designed and operated in accordance with state and local health regulations. DEP 55-240 (12/05) DEP Agreement No. LE655, Attacmnent A, Page 2 of 4 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 prior written approval by the Department of an itemized operational cost justification. 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 th-e -approved operational plan. Costs may be estimated unless greater than $5 fees are charged. Collections of higher fees require detailed accounting of operational costs through a method included in and approved with the operational plan. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK c DEP 55-240 (12/05) DEP Agreement No. LE655, Attadunent A, Page 3 of 4 DELlVERABLES The following is a schedule of deliverables and related amounts. The specific grant award amounts for each of the deliverables associated with the pumpout project 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 approvetj 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 amount actually expended on the project. Order of Deliverables and Amounts c Deliverables Detail Project Grant Amount Amount - .- - - -- Permitting State and local permits required for $0 $0 installation of equipment. Construction Labor and materials required to $0 $0 prepare site for equipment. Renovation Labor and materials necessary to $0 $0 restore_pumpout equipment. Equipment Purchase Pumpout or waste receptacle $0 $0 equipment and associated piping to be installed. Equipment Installation Plumbing supplies, delivery and $0 $0 labor. Operations and Maintenance Necessary repair of equipment $0 $0 includinQ parts and labor. Information signs and Advertisements, handouts, pumpout $0 $0 brochures logo, channel marker, and operational signage. Education and instructional Brochures or handout information $0 $0 materials about the Clean Vessel Act and the equipment available for public use. SewaQe Hauling Sewage Hauling $76,000.00 $57,000.00 Total Project Amount $76,000.00 Total Grant Award Amount $57,000.00 Total Match Amount $19,000.00 DEP 55-240 (12/05) DEP Agreement No. LE655, Attachment A, Page 4 of 4 ATTACHMENT B GRANT PAYMENTIMATCH REQUEST .~.tonroe County (GRANTEE) LE655 (project Agreement No.) Grant Number: F0935 CV A08-498 (Application No.) DEP Division: Law Enforcement DEP Program: Clean Vessel Program Billing Date: Payment Requested? Billing No.: Match Credit Requested? Yes_No_ If Department payment is being requested, an invoice on your letterhead must accompany this form. Permitting DEPARTMENT (75%) Payment GRANTEE (25%) Match $ $ Construction Renovation Equipment Purchase Eouipment Installation Operations and Maintenance Information (signs, brochures) Education and Instruction Collection and Disposal Costs TOTAL $ $ Certification and Attestation: I certify that documentation has been and will be maintained as required by the Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures )rior to this request have been made and are true and accurate and are only for the purposes as described in the Clean vessel Act Grant Project LE655. I further attest, under the penalties of perjury, that (name of the marina or entity) has complied with the provisions of the grant. ~OTARY PUBLIC: Subscribed and sworn ~efore me at 'his day of Grantee's Project Manager/Attestor D D* (Seal) EP 55-240 (12/05) EP Agreement No. LE655 Attachment B, Page 1 of 1 ATTACHMENTC FOURm REVISED SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department,i, "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accoraance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED 1bis part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httD://12.46.24S.173/cfda/cfda.htmJ. DEP 55-215 (02107) DEP Agreement No. LE6SS, Attachment C, Page 1 of S PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), RUles of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources receiveq by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and 'Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state fmancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (Le., 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://aDlls.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.1e~.state.fl.us/Welcome/index.ctm. State of Florida's website at http://www.mvflorida.coml, Department of Financial Services' Website at http://www.fldfs.coml and the Auditor General's Website at http://www.state.fl.us/aud2en. PART ill: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for fimding the fUll cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-l33, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (02/07) DEP Agreement No. LE6SS, Attachment C, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART IT of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department ofEnvironmentaI Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 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 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02/07) DEP Agreement No. LE6SS, Attachment C, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other infonnation required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (02/07) DEP Agreement No. LE655, Attachment C, Page 4 of 5 ~ ;s s .... = = ::I ~ .. ::I ~ .... = ~ :~ ! ~ -= .... S "Cl ~ "Cl .. = ~ -< ~ ~ .. ::I C ~ - ~ ~... - = =:"2;jU~s i; U 6h -S '60 U .. 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