HomeMy WebLinkAboutR-2014-004 Accept & Execute a Clean Vessel Act Grant Program Agreement with Florida Dept. of Environmental Protection for 90,000.00 for Construction of a Pump Out Facility for Dania Beach Marina RESOLUTION NO. 2014-004
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
ACCEPT AND EXECUTE A CLEAN VESSEL ACT GRANT PROGRAM
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN
THE AMOUNT OF $90,000.00, WITH FUNDING TO BE USED FOR
CONSTRUCTION OF A PUMP OUT FACILITY FOR THE DANIA BEACH
MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach Administration submitted an application to the
Florida Department of Environmental Protection's Clean Vessel Program for a grant that
provides funding in the amount of $90,000.00 to be used for the construction of a pump out
facility for the Dania Beach Marina; and
WHEREAS,the estimated cost to construct the pump out facilities is $120,000.00; and
WHEREAS, the Clean Marina Grant provides seventy-five percent (75%) of the costs
for construction of the pump out facilities and requires the City to match twenty-five percent
(25%) of the project costs;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to accept and execute a Clean
Vessels Act Grant Program Agreement on behalf of the City of Dania Beach, Florida, with the
Florida Department of Environmental Protection in the amount of Ninety Thousand Dollars
($90,000.00); a copy of the Agreement is incorporated into and made a part of this Resolution by
this reference and it is attached as Exhibit"A".
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interests of
the City.
Section 3. That the City Commission acknowledges the provision in the grant award
requiring use of currently appropriated City matching funds available within the Marina
Rehabilitation Project Contingency account for an amount of Thirty Thousand Dollars
($30,000.00), which funds are available through a combination of other separate grant awards
and current City public appropriations on this Marina project including:
• A grant award from the Broward Boating Improvement Program in the amount of
$1,367,000.00 for the project, or
• the City's appropriation and loan of General Fund resources to the Capital
Improvement Fund — Marina Construction Project totaling $4,750,495.00
($2,500,000.00 approved in Resolution No. 2012-042, and $2,250,495.00
approved in Resolution 2012-143), which City loans were reduced and partially
repaid to the General Fund by use of proceeds by a bank loan obtained by the City
for the Marina construction project in an amount of$2,400,000.00, or both of the
above.
Section 4. That this additional DEP grant award will allow, and the Commission
directs,that this grant award shall result in a transfer of City cash appropriations in the amount of
Ninety Thousand Dollars ($90,000.00) from the Capital Project Fund — Marina Construction
Project, City Funds Account, Account No. 301-80-04-575-63-10, to the City General Fund —
Appropriation of Unassigned Fund Balance Revenue/Resources Account, Account No. 001-00-
00-389-90-01.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on January 28, 2014.
ATTEST:
1 K �/ �p4tDIs F!j?ST
X)
LOUISE STILSON, CMC TER . UKE, III
CITY CLERK YOR
,A
APPROVED AS TO F AND CO
'1
T O S J. 4NSIBItO
CITY ATTO EY
2 RESOLUTION#2014-004
ion
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION RICK SCOTrr
MARJORY STONEMAN DOUGLAS BUILDING GOVERNOR
3900 COMMONWEALTH BOULEVARD IiERSCHF.L L VINYARD
TALLAHASSEE,FLORIDA 32399-3000 JR.
SECRFTARY
November 15,2013
NOV 2 7 2013
Mr. Tyler Chappell
The Chappell Group,Inc. JBy
City of Dania Beach
714 East Mcnab Road
Pompano Beach,FL 33060
RE: CVA13-W MV121,Two Proiect Agreements for grantee signature.
Dear Mr. Chappell:
Enclosed are two original Project Agreements for signature under Florida's Clean Vessel Act
Grant Program.
Your pumpout project grant funding has been approved for a new pumpout system in the amount
of$90,000.00(75%of your project costs. A 25%match is required from the grantee).
After the agreement and attachments are reviewed and the terms and.conditions are understood,
please sign and date both agreements and return both agreements to this office in order to secure
funding for Your project. The agreements must be signed by someone who is authorized to sign
legal documents for the facility.
Please return the agreements to:
Florida Department of Environmental Protection
Office of Sustainable Initiatives
Attn:Marylynn Carey
Clean Vessel Act Grant Program
3900 Commonwealth Boulevard,MS 30
Tallahassee,Florida 32399-3000
When we receive the signed Project Agreements,they will be processed for final execution.
www.dep.state.fl.us
Mr. Tyler Chappell
November 15,2013
Page 2
As a reminder,no work may be started until vour'contract WMment is f dly executed by
this office and we inform you that you may begin your project. Work or purchases made
prior to the final execution of the aarcement by this office will not be reimbursed.
Before beginning the project,all local permits and DEP permits,as may be applicable,must be
obtained.
After final execution by our office,a grant award package containing instructions,one fully
executed Project Agreement and Attachment(s),reporting formes,and request for payment forms,
will be sent to you.
Should you have any questions,please contact my staff member,Marylyn Carey,
at 850-245-2849,and she will be happy to assist you.
Sincerely,
Brenda Leonard
Program Manager
Clean Vessel Act Grant Program
Enclosures
BL/mlc
www.dep.state.fl.us
I .
DEP Agreement No:MV121
For CVA13486
PROJECT AGREEMENT
FOR
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
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")and the CITY OF DANIA BEACH,whose address is 110
North Beach Road,Dania Beach,Florida 33004(hereinafter referred to as the"Grantee'),a Local Government,to
conduct Clean Vessel Act Grant; CVA13-686, City of Dania Beach approved under the Clean Vessel Act Grant
Program(CFDA 15.616)
WHEREAS,the Department is the recipient of federal financial assistance from the Department of Interior,
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
financial assistance from the U.S.Fish and Wildlife Service.
NOW,THEREFORE,in consideration of the promises 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, Subtitle F,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 the Clean Vessel Act Grant; CVA13-686, in
accordance with the tenors and conditions set forth in this Agreement,the Scope of Work and Conditions,
provided as 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 by Department
personnel 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(NEPA)
and that activities conducted as a result of this Agreement will have no impact on any species listed in the
NEPA 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. A. 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 in order for the Grantee to
comply with the reporting requirements identified in paragraph 7 of this Agreement. It is
understood and agreed that the Project shall be completed no later than December 15,2014. 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.
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,
operations and reporting for the remaining life of this Agreement. 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
DEP Agreemmt No.MV121,Page 1 of 11
the obligations as set forth in this Agreement,the original Grantee shall reimburse the Department
for the value of the equipment purchased under this Agreement as specified in 43 CFR,Part 12.72.
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 up to a maximum of$90,000.00
towards the Total Project Cost as described in Attachment A,Scope of Work and Conditions.
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 L,egislattme.
B. Prior written approval from the Department's Grant Manager shall be required for changes within
approved task budget categories of up to 10%of the total task 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 100/6 of the total approved task budget will require a formal change order to the
Agreement. Changes that transfer fiords from one task to another or that increase or decrease the
total funding amount will require a formal amendment to the Agreement.
C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion, submittal and approval of the deliverables identified in Attachment A, in
accordance with the schedule therein. No travel expenses are authorised under the terms of this
Agreement.
i. Reimbursement shall be requested utilizing Attachment B, Grant Psyment/Match
Request Form. In conjunction with Attachment B,an itemized listing(by deliverable)of
all expenditures claimed(including the dates of service).
ii. The Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement In accordance with Attachment C, Contract Payment
Requirements,the Grantee shall comply with the mimmum requirements set forth therein.
All bills for amounts due under this Agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof.
iii. The Grantee shall submit a final invoice to the Department no later than December 30,
2014, to assume the availability of funds for final payment 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 the Operations section of Attacbment A of
this Agreement, a copy of the operational log required under the Operations section of
Attachment A.a photograph of the completed pumpout installation as well as a photograph
of the pumpout logo sign and informational sign.
iv. Each payment request submitted shall document all matching funds and/or match efforts
(Le. is kind services) provided during the period covered by each request The final
payment will not be processed until the match requirement has been met) Upon approval
and payment of the final invoice, any funds remaining under this Agreement will be
unencumbered.
D. For the purchase of goods or services costing more than $2,500 and less than $100,000 the
Grantee shall obtain at least two written quotes. The quotes must be submitted 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 fimetion, operation and purpose.
An explanation must be provided whenever the Grantee proposes the use of a vendor quoting
other than the lowest price. The Department has the right to reject all quotes and require
additional documentation supporting the anticipated 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.
DEP Agreement No.MV121,Page 2 of 11
I '
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
sham9hriatch 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. 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.
State guidelines for allowable costs can be found in the Department of Financial Services'
Reference Guide for State Expenditures at bp://www.ildfs.com/aadir/—mference%5F=de and
allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45
CFR Part 74, at ttpJ/www.amess.gp gov/nwWcfr/cfr-table-searc html 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-102 and A-110 (2 CFR 215) at
http://www.whitchouse.Qov/omb/circulars/mdcx.hunl#numerical
G. Allowable costs will be determined m 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.
Organization Type Applicable Cost Principles
State,local or Indian tribal government OMB Circular A-87 2 CFR 225
Private non-profit organization other than OMB Circular A-122(2 CFR 230)
(1)an institution of higher education,(2)
hospital,or(3)organization named in
OMB Circular A-122 as not subject to that
circular.
Education Institutions . OMB Circular A-21 2 CFR 220
For-profit organization including an 48 CFR Part 31,Contract Cost Principles and
organization named in OMB A-122 as not Procedures,or uniform cost accounting standards
subject to that circular. that comply with cost principles acceptable to the
federal
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
H. Any State agency or agency of a political subdivision of a State which is using appropriated
Federal funds shall comply with the requirements set forth in Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA
Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or
where the quantity of such items acquired in the course of the preceding fiscal year was$10,000 or
more. RCRA Section 6002 requires that preference be given in pmc=ment programs to the
purchase of specific products containing recycled materials identified in guidelines developed by
EPA. These guidelines are listed in 40 CFR 247.
I. i. The Grantee's accounting systems must ensure that these funds are not commingled with
funds from other agencies. Funds from each agency must be accounted for separately.
Grantees are prohibited from commingling funds on either a program-by-program or a
project-by-project basis. Funds specifically budgeted and/or received for one project may
not be used to support another project. Where a Grantee's,or subrecipienes, accounting
system cannot comply with this requirement,the Grantee,or subrecipient,shall establish
a system to provide adequate fund accountability for each project it has been awarded.
DEP Agreement No.MV 121,Page 3 of 11
I If the Department fords that these fiords have been commingled, the Department shall
have the right to demand a refund,either in whole or in part,of the funds provided to the
Grantee under this Agreement for non-compliance with the material terms of this
Agreement. The Grantee, upon such written notification from the Department shall
refund,and shall forthwith pay to the Department,the amount of money demanded by the
Department. Interest on any refund shall be calculated based on the prevailing rate used
by the State Board of Administration. Interest shall be calculated from the date(s)the
original payment(s) are received from the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
iii. In the event that the Grantee recovers costs, incurred under this Agreement and
reimbursed by the Department, from another som*s), the Grantee shall reimburse the
Department for all recovered fiords originally provided under this Agreement. Interest on
any refund shall be calculated based on the prevailing rate used by the State Board of
Adm nistrat,ion. Interest shall be calculated from the date(s)the payment(s)are recovered
by the Grantee to the date repayment is made to the Department by the Grantee.
J. The federal fiords awarded under this Agreement must comply with The Filers! Fi ni ft
Accorxtsb9by and Tiraaspwvx y Act (FFATA) of 2006. The intent of the FFATA is to
empower every American with the ability to hold the government accountable for each spending
decision. The end result is to reduce wasteful spending in the government. The FFATA
legislation requires that information on federal awards (federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpe din .ggv. Grant Recipients awarded a new Federal grant greater than or equal to
$25,000 awarded on or after October 1,2010 are subject to the FFATA. The Grantee agrees to
provide the information necessary,over the life of this Agreement,for the Department to comply
with this requirement.
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 fixture appropriations.
7. A. The Grantee shall submit progress reports, on the form provided as Attaehm t D, Progress
Report Foss,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 tern"quarterly"shall reflect the calendar quarters ending March 31,
June 30, September 30 and December 31. 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.
B. The Grantee shall submit the following information to the Department on a quarterly basis: the
gallons pumped,fees collected,vessels pumped,number of out of state vessels,and maintenance
costs. This information shall be submitted to the Department on the form provided at:
hhW•//www d0 state fi.us/cleanmarina/CVA/quar zdx Rumpout.htm for a period of five(5)years
following the Project completion date identified in paragraph 4.A. This form shall be submitted
no later than fifteen(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.
8. 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.
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
DEP Agreement No.MV 121,Page 4 of 1 r
vide Department shall provide (30) calendar days written nonce 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. This Agreement may be unilaterally canceled by the Department for refiisal 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 ofthe State Constitution and Section 119.07(lxa),Florida Statutes.
D. This Agreement may be terminated by the Department if written confirmation is received from the
Grantee that the pumpout vessel or the pumpout equipment has been destroyed by an act of nature.
10. No payment will be made for unsatisfactory deliverables. In the event that a deliverable is deemed
unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal of a
satisfactory deliverable, at no additional cost to the Department,within ten(10)days of being notified of
the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe,
the Department may,in its sole discretion,either: 1)terminate this Agreement for failure to perform,or 2)
the Department Grant Manager may,by letter specifying the failure of performance under this Agreement,
request that a proposed Corrective Action Plan(CAP)be submitted by the Grantee to the Department. All
CAPS must be able to be implemented and performed in no more than sixty(60)days.
A A CAP shall be submitted within ten(10)calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Grant Manager for review and approval.
Within ten(10) calendar days of receipt of a CAP, the Department shall notify the Grantee in
writing whether the CAP proposed has been accepted. if the CAP is not accepted,the Grantee
shall have ten(10)calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above shall result in the Department's termination of this Agreement for cause as authorized in
this Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP,the Grantee shall have ten(10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed
CAP by the Department does not relieve the Grantee of any of its obligations under the
Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by
Grantee,the Department shall retain the right to require additional or fiuther remedial steps,or to
terminate this Agreement for failure to perform No actions approved by the Department or steps
taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies
in performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as requested by the
Department Grant Manager.
C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by the Department may result in termination of the
Agreement
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above,as permitted by the Agreement.
11. 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.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
DEP Agreemwt No.MV121,Page 5 of 11
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 terminate this Agreement
D. Withhold fiather awards for the project or program.
E. Take other remedies that may be legally available.
F. Costs of the Grantee resuultmg 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.
i. The costs result from obligations which were properly incurred by the Grants before the
effective date of suspension or termination,are not in anticipation of it,and in the case of
termination,are noncancellable.
I The cast,would be allowable if the Agreement were not suspended or expired normally at
the end of the finding 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.
12. 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
(5)years following Agreement completion. In the event any work is subpu ted 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 final disposition.
13. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the
applicable provisions contained in Attachnwo E(SpeeW Au t Requirements),attached hereto
and made a part hereof Exhibit 1 to Attache sent E summarizes the finding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachnsent E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a finding 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 information
DEP AVeemcnt No.MV121,Pale 6 of 11
B.' The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
fiuther apply to lower tier transactions that may be a result of this Agreement. The Grantee shall
consider the type of financial assistance(federal and/or state)identified in Attachment E,ExMt
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 financial assistance,
the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations
Recipient/Subrecipient vs Vendor Determination"(form number DFS-A2-NS)that can be found
under the"Links/Forms"section appearing at the following website:
httj// pps.fldfs.com/fsaa
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.
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting,Attachment F,attached hereto and made a part hereof,within four
(4)months following the end of the Grantee's fiscal year. Attachment F 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.
14. A. The Grantee may subcontract work under this Agreement without the prior wntben consent of the
Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the
Department within ten(10) days after execution. 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
may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
C. The Grantee agrees to follow the affirmative steps identified in 43 C.F.R. 12 for its selection of
subcontractors and retain records documenting compliance.
D. 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.
E. This Agreement is an exclusive grant and may not be assigned in whole without the written
approval of the Department.
15. A. The Grantee certifies that no Federal appropriated fimds 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 Congress, 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.
DEP Agreement No.MV121,Page 7 of 11
B. The Grantee shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontractors,subgrants,and contracts under
grants,loans,and cooperative agreements)and that all subrecipients certify accordingly.
C. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352,title 31,U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and
not more than$100,000 for each such failure.
D. 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.
16. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing
under this Agreement. The Grantee acknowledges that this regnirainent includes,but is not limited to,
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.
17. Any notices between the parties shall be considered delivered when posted by Certified Mail,return receipt
requested,or delivered in person to the Grant Managers at the addresses below.
18. The Department's Grant Manager(which may also be referred to as the Department's Project Manager)for
this Agreement is identified below.
Brenda Leonard
Florida Department of Environmental Protection
Office of Sustainable Initiatives
3900 Commonwealth Bowl MS#30
Tallahassee Florida 32399-3000
Telephone No.: 850 245-2847
Fax No.: 850 245-2159
E-mail Address:
19. 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 thirty(30)days.
Mr.Colin Donnelly,Assistant City Manger
City of Dania Beach
100 Dania Beach Blvd
Dania B&ea=64,Florida 33004
Telephone No.: 954 924-6800 ext.3613
E-mail Address: cdonnelIy@ci.dania-beachfl.us
20. 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 its 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 lattees 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.
DEP Agrement No.MV121,Page 8 of 11
21. 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.
22. 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.
23. Upon satisfactory completion of this Agreement,the Grantee may retain ownership of the non-expendable
personal property or equipment purchased under this Agreement. However,the Grantee shall complete and
sign Attachment G,Property Reporting Form,DEP 55-212,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 non-expendable personal property or equipment for the
authorized purposes of the contractual arrangement as long as the required work is being
performe&
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
non-expendable personal property or equipment in good operating condition.
C. The Grantee is responsible for any loss,damage,or theft ol;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.
24. 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.
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.
25. 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.
26. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400), 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
DEP Agreement No.W 121,Page 9 of 11
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. 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 Agr+xment.
27. The U.S. Fish and Wildlife Service and the Department, reserve a royalty-free, nonexclusive, and
irrevocable license to reproduce,publish or otherwise use,and to authorize others to use,for government
per:
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 ownmsWp with
grant supporL
28. Land acquisition is not authorized under the terms of this Agreement.
29. 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;& roarams.fws, v¢o /Sub=¢es 1mlldtFiles/fasymb 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."
The Grantee agrees to comply with,and include as appropriate in contracts and subgrants,the provisions
contained in Attachment H,Contract Provhdens,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.
31. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible,each provision of this Agreement shall be interpreted in such manner
as to be effective and valid under applicable law,but if any provision of this Agreement shall be prohibited
or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Agreement. Any action hereon or in connection herewith shall be brought in Leon County,Florida.
32. 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 PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.MV121,Page 10 of 11
IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed,the day and year
last written below.
CITY OF DANIA BEACH STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By. By:
Signature of Person Authorized to Sign Director,Office of Sustainable Initiatives
Date:
Print Name and Title of Authorized Person
Date:
Brenda Leonard,DEP Grant Manager
FEID No.59-6000302 ID`
DEP Contracts Administrator
Approved as to form and legality:
DEP A orney
For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement,
a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the
governmental board/commission must accompany the Agreement.
List of attachments/exhibits included as part of this Agreement:
Specify Letter/
Type Number Description(include number of pages)
Attachment A &M of Work and Conditions(4 Pages)
Attachment B Grant Pavment/Match Request Form Q Page)
Aftwhirient --Q- Contract Payment Requirements a Pane)
AMwh= D Progress R rt Form(1 Page)
Attachment F Special Audit Reawrements(5P
Attachment F motion of Apph'cability to Single Audit Act RcWA g(3 Pages)
Attachment Q PropM HS22KdAg Form 11 Page)
Attachment H Contract Provisions l4Pago)
Attachment I Regulations(age)
DEP Agreement No.MV 121,Page 11 of 11
ATTACHMENT A
Clean Vessel Act Grant Program
Scope of Work and Conditions
INSTALLATION OF PUMPOUT STATION
PURPOSE
The purpose of the Clean Vessel Act Grant Program is to establish or restore pumpout facilities that are operational
and accessible to the general boating public for the useful life of the facilities. The purpose of these conditions is to
ensure compliance with 50 CFR Part 85,Subpart D-Conditions on Use/Accephu=of Funds, for the Agreement
period, including the five (5) year reporting period extending beyond the date of equipment installation or
construction completion, if applicable. 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 $90,000.00 for satisfactory completion of the project outlined herein and the Grantee
agrees to undertake the project as described and submitted by the Grantee in the Grant Application,CVA13-686,
and provide a minimum 25%non-federal matching finds. The project is located at 110 North Beach Road,Dania
Beach,Florida 33004.
CONDMONS OF THE PROJECT AGREEMENT
Project Reimbursement
1. Match documentation shall be provided in accordance with instructions on Attachment B, Grant
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 must be accompanied by all required deliverables as identified in this Attachment and all
documentation as outlined in Paragraphs S.C.through S.F.of the Agreement. The Department shall have
thirty (30) days to review and approve all invoices and deliverables. Upon review and approval of the
required deliverables, the Grant Payment/Match Request Form and required documents, the Department
will process the request for payment
Project Requirements
1. The Grantee shall obtain all required permits and approvals prior to of the project. A grant
award is not an indication of permitability of a project. A Site Visit/Pern it Verification Form,completed
by the Department District Office shall be on file with the Department Grant Manager before invoices will
be processed for payment.
2. Pumpout facilities will be designed and operated in accordance with state and local health regulations.
3. Each pumpout facility or dump station funded under this Agreement shall be open and available to the
recreational boating public. Each pumpout facility, pumpout vessel, or dump station shall be operated,
maintained, and continue to be reasonably accessible to all recreational vessels for the fun five (5)year
period as described and set forth in Paragraph 4.A.of the Agreement.
4. The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations under a
t Station Operational Plan
Pumpou Opera that specifies hours of operation, maintenance Principles, methods in
determining volume of material pumped including the use of flow meters as may be y necessary,
infonmationaUeducational materials on pumpout operation and assurances that the pumpout facility,
pumpout vessel, or dump station will be used solely for the collection of recreational boat sewage.
Pumpout vessels are to be used solely for the collection and hauling of recreational boat sewage. This plan
will be submitted to the Department with the Pumpout Project Certification of Completion.
DEP 55-240(3/13)
DEP Agreement No.MV 121,Attachment A,Page 1 of 4
5. The location of each pumpout facility, pumpout vessel, or dump station will be continually identified
through informational markers using the International Pumpout Symbol on a sign of at least three feet by
four feet(3 x 4') in size. Any informational markers should be located on a dock or on land clearly visible
from the waterway. Any informational markers located in the waters of the state shall be with prior
approval of the Florida Fish and Wildlife Conservation Commission as required by permitting procedures
established by Florida Statutes and the Florida Administrative Code.
6. Informational placards stating hours of instructions, and r name and telephone
P �8 � operatic, ores, operate ep
number shall be posted in a clearly visible location at the pumpout location. 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. Fiat and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection.
7. Pumpout facilities,pumpout vessels,or dump station services will be provided free of charge or for a fee
not to exceed$5 per vessel. Fees greater than$5 requires prior written cost justification approval by the
Department. If fees are collected, such proceeds shall be accounted for, and used by the operator
exclusively to defray operation and maintenance costs of the pumpout equipment and associated materials.
An accounting of all fees collected will be provided with the quarterly log described below.
8. The pumpout facility operator shall maintain a pumpout log to be submitted to the Department no later than
fifteen(15)days of each calendar quarter following the quarter during which completion of construction or
installation of equipment occurred and continue until the end of the Agreement period including the five(5)
year reporting period ending December 15,2019. The log shall document use of the equipment by number
of pumpout services events, gallons pumped, number of out of state vessels pumped, fees charged, and
maintenance,labor,or other operational costs incurred. Volume of sewage handled must be determined as
described in the approved pumpout station operational plan.
9. The pumpout facility operator shall submit Attachment D,Progress Report Form,to the Department each
quarter no later than fifteen (15) days of each calendar quarter and with each reimbursement request
beginning with the quarter during which this Agreement was executed.
10. The Grantee shall provide marine sanitation and pumpout information for boat owners and training for
pumpout operators. These services may be provided through such methods as informational materials,on
site instruction or audio-visual methods by the marina owner/operator,equipment vendors,harbormaster or
local government personnel.
REMAINDER OF PAGE HiTENTIONALLY LEFT BLANK
DEP 55-240(3/13)
DEP Agreement No.MV 121,Attachment A.Page 2 of 4
TASKS/DELIVERABLES FOR PROJECT REIMBURSEMENT
The following is a schedule of tasks/deliverables and budget detail for the completion of the tasks required to
complete this project. Prior written approval from the Department's Grant Manager shall be required for changes
within approved task budget categories of up to 10%of the total task 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% of the total approved task
budget will require a formal change order to the Agreement. Changes that transfer funds from one task to another or
that increase or decrease the total finding amount will require a formal amendment to the Agreement. No
reimbursement will be made that exceeds the grant award amount. An increase in finding or a completion date
extension will require a formal written amendment to this Agreement.
Task 1.
Construction: The Grantee will be responsible for site preparation for equipment installation. This project will
include materials and labor to prepare the site for a new pumpout equipment to be installed.
Deliverable: Before and after photographs of the site where equipment will be installed, copies of written
certification from Project Manager stating that the site is prepared according to approved plans and design.Written
certification can be in the form of an email or letter.
Performance Standard:Verification of site preparation by the Project Manager's certification and photographs.
Task Timeline: After agreement execution,receipt of required permits and before project completion date of
December 15,2014.
Budget: Allowable costs for this task are for site preparation(contractual services)
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Task 2.
Equipment Purchase and Installation: The Grantee will purchase and install authorized pumpout or waste
receptacle equipment Equipment purchase and equipment installation may be included on one invoice.
Deliverable: Dated photograph of pumpout equipment purchased and a copy of paid invoice and delivery receipt.
Performance Standard: Documentation will be reviewed to verify authorized equipment has been purchased.
Task Tineliae:After agreement execution and before project completion date of December 15,2014.
Budget:Allowable costs for this task are for(equipment and installation).
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Task 3.
Pumpoat Signage: The Grantee will install the signage required in paragraph 6 of this attachment under Project
Requirements.
Deliverable: Photographs of the installed signage showing the pumpout logo sign,equipment instructional sign and
Pumpout information sign with accrediting information.
Performance Standard: Photographs will be reviewed to ensure signage requirements an met.
Task Timeline: After agreement execution and prior project completion date of December 15,2014.
Budget: Allowable costs for this task are for signage costs(Miscellaneous).
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
�I
DEP 55-240(3/13)
DEP Agreement No.MV 121,Attachment A,Page 3 of 4
Approved Tasks/Dellverables and Amounts
Tasks Deliverables Total Project Amount
100%
1.Construction Copies of written certification from Project $3,500.00
Manager stating that the site is prepared
according to approved plans and design.
Written certification can be in the form of an
email or letter.
2.Equipment Purchase and Dated photograph of pumpout equipment $115,000.00
Installation purchased and installed and a copy of paid
invoice and delivery receipt
3.Pumpout Signage Photographs of the installed signage showing $1,500.00
the pumpout logo sign,equipment instructional
sign and Pumpout information sign with
accredidum information.
Total Project Amount 100% $120 000.00
Total Grant Award Amount 75% S90 000.00
Total Match Amount 25% SA900,00
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-240(3/13)
DEP Agreement No.MV 121,Attachment A,Page 4 of 4
ATTACHMENT B
GRANT PAYMENT/MATCH REQUEST
City of Dania Beach MV121 CVA13-686
DEP Program: Clean Vessel Act Grant Program
H Department payment is being requested,an invoice on your letterhead must accompany this form.
TOTAL PROJECT
(100%)of costs
Permitting $ N/A
Construction
Renovation N/A
Equipment Purchase
Equipment Installation
Operations N/A
Maintenance and Repair N/A
Sewage Hauling N/A
Pumpout Signage
Education and Instructional N/A
Materials
TOTAL PROJECT $
25%Grantee match $
75%reimbursable to Grantee $
I attest that documentation has been and will be maintained as required by this Agreement to support the amounts
reported above and is available for audit upon request. I attest that all expenditures prior to this request have been made
and are true and accurate and are only for the purposes as described in Clean Vessel Act Grant Project Agreement No.
MV 121. I further attest,that city of Dania Beach has complied with the terms and conditions of this Agreement.
Grantee's Project Manager Date
DEP 55-240(5/09)
DEP Agreement No.MV 121,Attachment B,Page 1 of I
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial SerAces,Reference Guide for State Expenditures
Cost Rdmburseneeet Controels
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, Tinge benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (a-g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits,then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbrusement for travel must be in accordance with Section 112.061,Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means. N/A under this Agreement.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds,the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017,Florida
Administrative Code,regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02,Florida Statutes,for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may.be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable. N/A under this Agreement.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,then the
calculation should be shown. N/A under this Agreement.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services,online Reference Guide for State Expenditures can be found at this
web address: help://www.fldfs.cgM aadu/reference LWdeltm
DEP 55-219(OS/2008)
DEP Agreement No.MV 121.Attachment C,Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: MV121
Grantee Name:
Grantee Address:
Grantee's GrantManner: Telephone No.:
Quarterly Reporting Period:
Project Number and Title:
Provide a summary of project accomplishments to date.
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Identify below,and attach copies of,any relevant work products being submitted for the
project for this reporting period(eg.,copies of permits,photographs,etc.)
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
MV121 and accurately reflects the activities and costs associated with the project.
'ect.
Signature of Grantee's Grant Manager Date
DEP Agreement No.MV 121,Attachment D,Page 1 of 1
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection(which may be referned to
as the "Deparment", "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 contracdagreement)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 Deportment 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$300,000 or more in Federal awards in its fiscal year,the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133,as revised.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year,the recipient shall consider all sources of Federal awards,including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133,as revised.An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133,as revised,is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133,as revised,the cost of the audit must
be paid from non-Federal resources(i.e.,the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at htty://12A6,245.173/cfda/efdaAtmL
DEP 55-215(03/09)
DEP Agreement No.MV 121,Attachment E,Page 1 of 5
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2xm),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient,the recipient must have a State single or project specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection,other state agencies,and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7),Florida Statutes.This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than S500,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the event that the
recipient expends less than$500,000 in state financial assistance in its fiscal year,and elects to have an
audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit
must be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: L.egislature's
Website at hip://www.lea.M*.LudWeIcome/i xlec.c&x State of Florida's website at
hW:z1Www.mvfl9rida.00m/.Department of Financial Services' Website at boWwww.fldfs.com/ and the
Auditor General's Website at tom://www.stok.fl.us/aud m
PART III:OTHER AUDIT REQUIREMENTS
(NOTE.This part would be used to specify any additional audit requirements unposed 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 additron 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 cast 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 Section .320 OMB
required by (d),
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.MV 121,Attachment E,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)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at hhpJ/hsrvesterx&msus. v¢o /fuel
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 of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient iE2 vl 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
I I I West Madison Street
Tallahassee,Florida 32399-1450
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DEP 55-215(03/09)
DEP Agreement No.MV 121,Attachment E,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 1 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
paces.
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 fiom the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its desigme, 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.
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DEP 55-215(03M)
DEP Agreement No.MV 121,Attachment E,Page 4 of 5
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ATTACHMENT F
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name:
Grantee 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.
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature Date
Print Name and Position Title
DEP Agreement No.MV 121,Attachment F,Page 1 of 3
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Mouth/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES,NOT JUST DEP.
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES,NOT JUST THROUGH DEP.
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
DEP Agreement No.MV 121,Attachment F,Page 2 of 3
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
FREQUENTLY ASKED QUESTIONS
1. Question: Do I complete and return this form when I return my signed
Agreement/Amendment?
Answer: No, this form is to be completed and signed by your Chief Financial Officer
and returned 4 months after the end of your fiscal year.
2. Question: Can I fax the form to you?
Answer: Yes,you can fax the Certification form,the fax number is 850/245-2411.
3. Question: How can I submit the form if our audit is not completed by the due date of
this letter?
Answer: You should be able to complete the form from the information in your
accounting system This is just to let our Office of the Inspector General know which
entities they should be getting an audit from. If you are under the threshold you do not
have to submit a copy of your audit,only the Certification form.
4. Question: Do you only want what we received from DEP?
Answer. No, the Single Audit is the TOTAL AMOUNT of funds that you expended
towards all state or federal grants that you receive. You should list those that are specific
to DEP on the form.
5. Question: Do I have to submit the completed form and a copy of my audit?
Answer: No, you do not have to submit your audit unless you are over the threshold of
$500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is
fine.
6. Question: Our CAFR will not be ready before your due date and we don't have the
information necessary to complete the certification. Can we get an extension?
Answer. Yes,just send us an Email letting us know when you will have your CAFR
completed and we will place the Email with your letter in our file so that you don't get a
2nd notice.
7. Question: Can I submit my Certification Form or CAFR electronically?
Answer: Yes,you can submit them by Email to Debbie.skelton Bdeo.state.fl.us
DEP Agreement No.MV 121,Attachment F,Page 3 of 3
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ATTACEMUM 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, "Office of Federal Contract Compliance
Programs,Equal Employment Opportunity,Department of Labor."
2. Copeland "Anti-Kickback- Ad (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 subrecipiems
shall include a provision for compliance with the Copeland"Anti-Kickback"Aot(18 U.S.C.874),
as supplemental 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 Ad, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and sulxwipieuts 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 regmred 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 Bonus sad Safety Standards Ad(40 U.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 %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 Contrail 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 Firms Under
Government Grants,Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No.MV 121,Attachment H,Page 1 of 4
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 subecants 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 at seq.).Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
ASHY(EPA).
7. Byrd Anti-Lobbying Amendment(31 U.S.C.1352)-Contractors who apply 1 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.
B. 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."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 PoMMUn 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
subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards,orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act,as amended(33 U.S.C. 1368)and Section 1424(e)of
the Safe Drinking Water Act(42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
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 U.S.C. 795), which prohibits discrimination on the basis of bandicaps; (c) the Age
Discrimination Act of 1975,as amended(42 U.S.C. 6101-6107),which prohibits discrimination
on the basis of age; (d) the Dug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse;(a)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 cc-3), as
amended,relating to confidentiality of alcohol and drug abuse patient records;(g)Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended,relating to nondiscrimination in
the sale,rental or financing of housing,(h)any other nondiscrimination provisions in the specific
statutes)made;and,(i)the requirements of any other nondiscrimination statute(s)that may apply.
11. Compliance with the requirements of Titles 11 and M 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 fimded in
whole or in part with Federal funds.
DEP Agreement No.MV 121,Attachment H,Page 2 of 4
. 1
13. Compliance,if applicable,with flood insurance purchase requirements of Section 102(s)of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a spectral
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 1%9 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738;(c)protection of wetlands pursuant to E.O. 11990;(d)evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e)assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 at seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.
7401 at 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 Rivas Act of 1968(16 U.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 U.S.C. 470),E.O. 11593 (identification and protection of historic preper na and the
Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a4 et seq.).
17. Compliance with P.L.93 M 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
U.S.C.2131 et seq.)pertaining to the can,handling,and treatment of warm blooded animals held
for research,beaching,or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4301 et seq.)that
Prohibits the use of lead-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 VI% Sec. 809, as codified at 41 U.S.C. § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmemwide 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 Bay American Act(41 U.S.C. 10n-10c) 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 an in accordance with it. It is the
sense of the Congress that,to the greatest extent practicable,all equipment and pests purchased
with fiords 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 U.S.C.
7104(g).
DEP Agreement No.MV 121,Attachment H,Page 3 of 4
24. Registrations and Identification Information, the Grantee agrees to maintain current
registration in the Central Contractor Registration (www.ecr.gov) System for Award
Management(SAM)at all times during which they have active project funded with these
funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(www.dnb.com) is one of the requirements for registration in the Central Contractor
Registration.
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DEP Agreement No.MV 121,Attachment K Page 4 of 4
ATTACHMENT I
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior(DOI)grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Manaxerawt and BudRd Circulars which mav avpW to the work ormed under this Amvement
General
43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOI
Grants and Other Federal Asdatanee
43 C.F.R. 12 Subpart C-Uniform administrative requirements for grants and cooperative
is to state and local governments
43 C.F.R. 12 Subpart F-Uniform administrative mquirements 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 rapirements for -fiwce worlml=
"M Other Federal Rephtlens
2 C.F.R. 1400 S 'on and Debarment
48 C.F.R.31 Contract Cost Principles and Procedum
Office of Management and Circulars
A 21 2 CFR 220 Cost Principles for Educational Institutions
A-87 2 CFR 225 Cost Principles for State Local and Indian Tn'bal Governments
A-122(2 CFR Cost Principles for Non-Profit Organizations
230
A-133 Audit Requirements
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DEP Agreement No.MV 121,Attachment I,Page 1 of 1