12/15/2004 Agreement v �
Cie*otThe
Circuit Court Danny L.Kolhage
Office(305)2923550 Fax(306)295-3663
Memorandum
To: Tim McGarry,Director,
Growth Management Division
Attn: Mayra Tezanos,
Executive Assistant
From: Isabel C.DeSantis, •
Deputy Clerk
Date: Tuesday,January 11, 2005
At the BOCC meeting on December 15, 2004, the Board granted approval and
authorized execution of the following:
Clean Vessel Act Grant Program, Project Agreement No: LE567, for CVA
04-418, between Monroe County and the Florida Department of Environmental
Protection providing 75 percent funding (up to $50,000) for the purchase of a pump-out
vessel.
Enclosed please find three(3)duplicate originals of the above document executed
by Monroe County for your handling. Please be sure that the sets marked Monroe
County Clerk's Office Original and Monroe County Finance Department's Original
are returned to this office as quickly as possible. Should you have any questions,
please do not hesitate to contact this office.
cc: Finance, memo only
County Attorney
File
"'
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
DEP Agreement No: LE567
For CV A 04-418
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 "Department" or "DEP") and MONROE COUNTY, whose address is Key Largo Pumpout
Boat 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).
WHEREAS, the Department is the recipient offederal fInancial assistance from the U.S. Fish and Wildlife Service;
and,
WHEREAS, as the result of this Agreement the Grantee has been determined to be a subrecipient of federal
fmancial assistance from the V.S, Fish and Wildlife Service.
NOW, THEREFORE, in considera.tion of the premises and the mutual benefIts to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
1. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel Act of 1992, 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 Florid? 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, The Grantee agrees to complete the project on or before October 3,2005. 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 change in ownership, the Grantee
is required to notify the Department of such change within ten days, and the Grantee is required to notify the new
owner of this grant agreement, the obligation to continue maintenance and operations as well as reporting for the
remaining life of this agreement. 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 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,
4,
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 in an amount not to exceed $50,000.00
toward all eligible costs associated with the project as described in Attachment A.
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 Payment/Match Request Form. In
addition to Attachment B, the Grantee must provide from its accounting system, a listing of expenditures
charged against this Agreement. The listing shall include, at a minimum, a description of the goods or
services purchased, date of the transaction, voucher number, amount paid, and vendor name. No travel
expenses are authorized under the terms of this Agreement. The Grantee shall submit a fmal invoice to
the Department no later than October 17,2005, to assure the availability of funds for fmal payment.
DEP 55-240 (02/04)
DEP Agreement No. LE567, Page 1 of7
.... .
C, ....In addition to the invoicing requirements contained in paragraph 4.B, above, the Department will
periodically request proof of a transaction (invoice, payroll register, etc,) to evaluate the appropriateness
of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines),
as appropriate, This information when requested must be provided within 30 calendar days of such
request. The Grantee may also be required to submit a cost allocation plan to the Department in support
of its multipliers (overhead, indirect, general administrative costs, and fringe benefits), 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 www.dbf.starc.fl.usaadir/reference guide and allowable costs
for Federal Programs can be found under 48 CFR Part 31 at http://www,access,gpo.gov/nara/cfr/cfr-table-
search.html and OMB Circulars A-87, A-122, A-2l, at
http://www.whitehouse.gov/omb/circulars/index.html;;on umeri cal.
D, The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more
than $2,500, Written quotes shall be for items that are alike in function, operation and purpose, An
explanation will be required whenever the vendor with the lowest price is not selected. Copies of written
quotes and explanation, if applicable, shall be submitted to the Department for approval prior to the
commencement of work. The Department shall provide \\ntten authorization for the commencement of
work after being satisfied that the vendor(s) selected are the most reasonable in terms of cost and project
objectives. The Department shall make no reimbursement from grant funds until this documentation is
provided. All procurement shall be in accordance with 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 48 CFR, Part 31 and 0:\113 Circulars A-87, A-122 and A-21.
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.
Or anization T e
State, local or Indian tribal overnment.
Private non-profit organization other than (1) an
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
sub' ect to that circular.
Education Institutions
For-profit organization other than a hospital and an
organization named in OMB A-122 as not subject
to that circular.
A lie able Cost Princi les
0:\113 Circular A-87
0:\113 Circular A-122
0:\113 Circular A-2l
48 CFR Part 31, Contract Cost Principles and
Procedures, or uniform cost accounting standards
that comply with cost principles acceptable to the
federal a enc ,
5. 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,
6. The Grantee shall record and maintain pumpout information 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.us/law/Grants/CVA/pumpouts.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.
DEP 55-240 (02/04)
DEP Agreement No. LE567, Page 2 of 7
7. Each patty 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.
8.
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.
9, 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.
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 expressly authorizes them in the
notice of suspension or termination. Other Grantee costs during suspension or after termination which are
necessary and not reasonably avoidable are allowable if the following apply,
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 termination 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.
10.
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, 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
DEP 55-240 (02/04)
DEP Agreement No. LE567, Page 3 of 7
'event any work is sub granted 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 fmdings
involving the records have been resolved and fmal action taken.
C. Records for real property and equipment acquired with Federal funds shall be retained for five years
following fmal disposition,
11, In addition to the provisions contained in paragraph 10 above, the Grantee shall comply with the applicable
provisions contained in Attachment C, Special Audit Requirements. A revised copy of Attachment C, Exhibit-
1, must be provided to the Grantee \\'ith each amendment which authorizes a funding increase or decrease. The
revised Exhibit-I shall summarize the funding sources supporting the Agreement for purposes of assisting the
Grantee in complying with the requirements of Attachment C. If the Grantee fails to receive a revised copy of
Attachment C, Exhibit-I, the Grantee shall notify the Grants Development and Review Manager at (850) 245-
2361 to request a copy of the updated information.
12.
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, The
Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting
opportunities,
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.
13. In accordance with Section 216,347, Florida Statutes, the Grantee is hereby prohibited from using funds provided
by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency,
14. 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.
DEP 55-240 (02/04)
DEP Agreement No. LE567, Page 4 of 7
15. The De~ent's Grant Manager (which may also be referred to as the Department's Project Manager) for this
Agreemerit is identified below,
Jan DeLaney
Florida Department of Environmental Protection
Division of La\\! Enforcement, MS665
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Telephone No.: 850-245-2847
Fax No,: 850-245-2859
E-mail Address: J an.DeLaney@dep,state.fl,us
16. 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,
George Garrett
Monroe County
Key Largo Pumpout Boat
2798 Overseas Highway
Marathon, Florida 33050
Telephone No,: 305-289-2812
Fax No,: "\"'A
E-mail Address: "\"IA
17, To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life
of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the
protection afforded by the Grantee, Such self-insurance program or insurance coverage shall comply fully with the
Florida Workers' Compensation law, In case any class of employees engaged in hazardous work under this
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees
not otherwise protected,
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 performance of services required.
20, Upon satisfactory 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 Form, 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 state funds and held in his
possession for use in a contractual arrangement with the Department.
DEP 55-240 (02/04)
DEP Agreement No. LE567, Page 5 of 7
"
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 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 3 above,
22,
A.
No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
B, 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.
')~
-,),
In accordance with Executive Order 12549, Debarment and Suspension (43 CFR 12.75), the Grantee shall agree
and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and,
that the Grantee shall not knowingly enter into any lower tier 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 V,S. Fish and Wildlife Service to the Department.
24,
The U.S, Fish and Wildlife Service and Department, reserve a royalty-free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or sub grant.
B. Any rights of copyright to which a Grantee, sub grantee or a contractor purchases ownership with grant
support,
25, 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 (02/04)
DEP Agreement No. LE567, Page 6 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year.last
written below.
M01\""ROE COUNTY
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: ~id; >n ~~
Signanrre'ofPerson Authorized to Sign
By:
" . . " '\" 'llI"i'" .. \
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1/ -_.' -- "^,/ t... t t . I 'f--- ! ,r I c. '__'-"
Print ~ame and Title of Authorized Person
Director, Div' ion of Law Enforcement
or designee
( r- 31 -o~
Date:
Date:
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Ql~d.~L 0
DEP rant Manager .
f IPdJ~ ~
:6EP Contracts Administrator
FEID/SS No, 59-6000749
MONROE COUNTY ATT RNEY
OVED AS 0
Ap roved as to form and legality:
~nk., b ~
DEP ttomey
*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 governmental
board/conunission 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
~
-1L
-L
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Scope of Work and Conditions (3 Pages)
Grant PavrnentlMatch Request Form (1 Page)
Special Audit Requirements (5 Pages)
Property Reporting Form (1 Page)
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DEP 55-240 (02/04)
DEP Agreement No. LE567, Page 7 of7
...
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 operational and accessible
to the general boating public for the useful life of the facilities. The purpose of these conditions is to
ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the
Agreement period extending beyond the date of equipment installation or construction completion,
These conditions cover pumpout facilities and equipment purchased with Clean Vessel Act Grant funds.
This is a 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 the amount of $50.000.00 and the GRANTEE agrees to
undertake the project as described and submitted by the GRANTEE in the Grant Application, CVA 04-
418, and provide a minimum 25% non-federal matching funds. The project is located at Kev LarQo
Pumpout Boat. 2798 Overseas HiQhwav. Suite 420. Marathon. Florida 33050.
CONDITIONS
Reimbursement for Project Installation
1. The request for payment shall consist of an invoice on the GRANTEE's letterhead, clearly
marked as invoice, Two invoices and a final invoice are allowed under this Agreement. The
GRANTEE shall maintain an itemized listing (by category) of all expenditures claimed, including
the dates of service, on GRANTEE invoices submitted to the DEPARTMENT. Receipts and
cancelled checks clearly reflecting the dates of service and back-up documentation shall be
submitted to the DEPARTMENT along with GRANTEE invoices for auditing purposes. Invoices
for the deliverables described on page three (3) of this attachment must explicitly reference the
deliverables and the grant award amounts associated with each deliverable,
2, The GRANTEE shall obtain all required permits and approvals prior to commencement of the
project. A grant award is not an indication of permitability of a project. A Permit Certification
Form, supplied by the DEPARTMENT, shall be sent to and be on file with the DEPARTMENT
before invoices will be processed for payment.
3. Match documentation shall be provided in accordance with instructions and on forms available
from the DEPARTMENT, Any credit for the match by the GRANTEE shall be based on forms
completed and documented to the satisfaction of the DEPARTMENT.
4. The DEPARTMENT shall have fifteen (15) days to review and approve all invoices and reports.
Upon review and approval of each invoice and report, the DEPARTMENT will 'process the
invoice for payment.
5, The final invoice shall be accompanied by a completed and signed project completion form to be
provided by the DEPARTMENT, an operational plan as described in Condition 1 of the
Operations section of this Attachment, a description of the operational log required under
Condition 8 of the Operations section of this Attachment, and photographs of the completed
project.
DEP Agreement No, LE567, Attachment A, Page 1 of3
Operations
1. The purqpout 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 3 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
three 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.
6, Pumpout facilities will be designed and operated in accordance with state and local health
regulations.
7. Pumpout or dump station services will be provided free of charge or for a fee not to exceed $5
per vessel. Fees greater than $5 require 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 th~ pumpout equipment
and associated materials. '
8. The pumpout operator shall maintain an operational log to be submitted to the DEPARTMENT
the first day of each calendar quarter beginning with the quarter during which completion of
construction or installation of equipment occurred. The log shall document use of the
equipment by number of pumpout services events, gallons pumped, fees charged, and
maintenance, labor, or other operational costs incurred. Volume of sewage handled must be
determined as described in the approved operational plan, Costs may be estimated unless
greater than $5 fees are charged. Collections of higher fees require detailed accounting of
operational costs through a method included in and approved with the operational plan,
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. LE567, Attachment A, Page 2 00
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 cost amount
for the collection and proper disposal of sewage is not considered part of the project installation;
therefore, the amount is fixed for that purpose only and cannot be used for project installation costs. The
grant award amount to be provided by the DEPARTMENT is based on the amount recommended and
approved by the DEPARTMENT for this specific project. The dollars expended or in-kind effort by the
GRANTEE shall be at least 25% of the total amount actually expended on the project.
Schedule of Deliverables and Amounts
Deliverables Detail Project Grant Amount
Amount
Permitting State and local permits required for $0.00 $0,00
installation of equipment. .
Construction Labor and materials required to $0,00 $0,00
prepare site for equipment.
Renovation Labor and materials necessary to $0,00 $0.00
restore pumpout equipment.
Equipment Purchase Pumpout or waste receptacle $66,666.67 $50,000.00
equipment and associated piping to
be installed,
Equipment Installation Plumbing supplies, delivery and $0.00 $0.00
labor.
Operations and Maintenance Necessary repair of equipment $0.00 $0,00
includinq parts and labor.
Information signs and Advertisements, handouts, pumpout $0.00 $0.00
brochures logo, channel marker, and
operational siqnaqe.
Education and instructional Brochures or handout information $0.00 $0.00
materials about the Clean Vessel Act and the
equipment available for public use.
Total Proiect Amount $66,666.67
Total Grant Award Amount $50,000.00
Total Match Amount $16,666.67
* Although the items may not reflect the seventy-five percent (75%), it is understood the Grant will not pay more than the seventy-five percent
(75%) of total eligible cost of the project.
DEP Agreement No. LE567, Attachment A, Page 3 00
"'
ATTACHMENT B
GRANT PAYMENT/MATCH REQUEST
Grant Number: F0907
Monroe County
(GRANTEE)
LE567
(Project Agreement No.)
CV A 04-418
(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.
DEPARTMENT
(75%) Payment
GRANTEE
(25%) Match
Permitting
$
$
Construction
Renovation
Equipment Purchase
Equipment Installation
Operations and Maintenance
Information (signs, brochures)
Education and Instruction
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
prior 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 LE567. I further attest, under the penalties ofpeIjury, that (name of the marina or entity)
has complied with the provisions of the grant.
NOTARY PUBLIC: Subscribed and sworn
Before me at
This_day of
Grantee's Project Manager/Attestor
(Title)
Date
(Seal)
DEP Agreement No, LE567 Attachment B, Page 1 of 1
ATTACHMENT C
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 I 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 httn://12.46.245.173/cfda/cfda.html.
DEP 55-215 (09/04)
DEP Agreement No. LE567, Attachment C, Page 1 of5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215,97(2)(1), Florida Statutes,
1, In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), 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 Executive Office of the Governor and the
Chief Financial Officer; 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 financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215,97(7), Florida Statutes, This includes submission
ofa financial reporting package as defined by Section 2I5.97(2)(d), 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 $300,000 in State financial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), 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 $300,000
in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004), and elects to have an audit conducted in accordance with the provisions of Section 215,97, Florida
Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e" the cost of such an
audit must be paid from the recipient's resources obtained from other than State entities).
4, For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at htto://state,fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget website located at
http://www.mvflorida.comlmvflorida/government/contacts/opbOffice.html for assistance, In addition to
the above websites, the following websites may be accessed for information: Legislature's Website
htto://www.1eg,state,fl.us/, Governor's Website htto://www.mvflorida,coml, Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity
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(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-I33, 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:
DE? 55-215 (09/04)
DEP Agreement No. LE567, Attachment C, Page 2 of5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
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 the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3, Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
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 (09/04)
DEP Agreement No. LE567, 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
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
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-l33, 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-l33, 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 (09/04)
DEP Agreement No. LE567, Attachment C, Page 4 of5
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