HomeMy WebLinkAboutExhibit 1FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
DEP Agreement No; LE638
For CVA 07-480
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 CITY OF MIAMI, whose address is Dinner Key Marina, 3400
Pan American Drive, Miami, Florida 33133 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to
conduct a project approved under the Clean Vessel Act Grant Program (CFDA 15.616) and supported by the Florida Inland
Navigation District's Cooperative Assistance Program.
WHEREAS, the Department is the recipient of federal financial assistance from the U.S. Fish and Wildlife Service;
and,
WHEREAS, the Department is the recipient of funds for a portion of this Agreement provided by the Florida
Inland Navigation .District; 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 premises and the mutual benefits to be derived herefrorn, the
anima 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, the
Federal Clean Vessel Act Grant Program Guidelines (50 CFR Parts 80 and 85) and the rules governing the Florida
Inland Navigation District's Cooperative Assistance Program (Chapter 66B-1, Florida Administrative Code),
which are hereby incorporated by reference as if fully set forth herein.
2. The Grantee agrees to conduct the project known as Florida Clean Vessel Act Program, in accordance with the
terms and conditions set forth in this Agreement, the Scope of Work as provided in Attachment A, and all exhibits
and attachments referenced herein and made a part hereof.
3. By executing this Agreement, the Department certifies that a site visit has been conducted to verify and document
that the project activities and location of the work described in Attachment A meet the categorical exclusion
criteria under the National Environmental Policy Act (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. The Grantee agrees to complete the project on or before November 10, 2008. This Agreement shall become
effective upon execution by both parties and shall remain in effect for a period of five (5) years from the date of
project completion. The Grantee must make project facilities available to the boating public for a minimum of five
(5) years after the completion date of the project established above. In the event of a change in ownership, the
Grantee is required to notify the Department in writing of such change no later than ten days after the change in
ownership occurs, and the Grantee is required to notify the new owner of this Agreement, the obligation to
continue maintenance and operations as well as reporting for the remaining life of this Agreement prior to the
change. The "Bill of Sale" or other official document transferring ownership shall include these grant
requirements. Any change in ownership will require an amendment to this Agreement. Should the new owner
refuse to assume the obligations as set forth in this Agreement, the original Grantee shall reimburse the Department
for the value of the equipment as specified in 43 CFR, Part 12.72. This Agreement may be amended to provide for
additional services if additional funding is made available by the U.S. Fish and Wildlife Service and/or the
Legislature.
DEP 55-240 (12/05)
DEP Agreement No. LE 638, Page 1 of 7
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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 in an amount not to exceed $85,127.00
toward all eligible costs associated with the project as described in Attachment A, Scope of Work.
B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt
and acceptance of a properly completed Attachment B, Grant Payment/Match Request Form and an
invoice. The request for payment shall include an invoice on the Grantee's letterhead, clearly marked as
invoice. The Grantee shall maintain an itemized listing (by category) of all expenditures claimed,
including the dates of service, on Grantee invoices submitted to the Department. Receipts and cancelled
checks clearly reflecting the dates of service and back-up documentation, including any subcontractor
invoices if applicable, shall be submitted to the Department, along with Grantee invoices for auditing
purposes. Invoices for the deliverables described in Attachment A must explicitly reference • the
deliverables and the grant award amounts associated with each deliverable. Partial payments of project
costs are allowed under this Agreement. The Grantee shall submit a final invoice to the Department no
later than November 24, 2008, to assure the availability of funds for final payment. No travel expenses
are authorized under the terms of this Agreement.
C. The Grantee may also be required to submit a cost allocation plan to the Department in support of its
multipliers (overhead, indirect, general administrative costs, and fringe benefits) if applicable. All bills
for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and
post -audit thereof. State guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at http://www.fldfs.conn/aadir/reference%5Fattide and
allowable costs for Federal Programs can be found under 48 CFR Part 31 at
http://www.access.goo.gov/nara/cfr/cfi'-table-search.html and OMB Circulars A-87, A-122, A-21, as
appropriate, at http:/hvww.whitehouse.gov/omb/circulars/index.html#nun1erical.
D. The Grantee shall obtain at least three written quotes for the purchase of goods or services costing more
than $2,500 and submit said quotes to the Department for review and approval prior to the
commencement of any work under this Agreement. Written quotes shall be for items that are alike in
function, operation and purpose. An explanation will be required whenever the Grantee elects to use the
vendor quoting other than the lowest price. The Department has the right to reject all quotes and require
additional documentation supporting the projected project costs. The Department shall make no
reimbursement from grant funds until this documentation has been provided and approved. Any grant
over $100,000 shall comply with the procurement requirements described in 43 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 OMB Circulars A-87, A-122 and A-21, as
appropriate.
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.
Organization Type
Applicable Cost Principles
State, local or Indian tribal government.
OMB Circular A-87
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
subject to that circular.
OMB Circular A-122
Education Institutions
OMB Circular A-21
For -profit organization other than a hospital and an
organization named in OMB A-122 as not subject
to that circular.
48 CFR Part 31, Contract Cost Principles and
Procedures, or uniform cost accounting standards
that comply with cost principles acceptable to the
federal agency.
DEP 55-240 (12/05)
DEP Agreement No. LE 638, Page 2 of 7
6. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
appropriations.
7. The Grantee shall record and maintain pumpout 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/CVAipumpouts.htm. Quarterly forms shall be submitted to the Department's
Grant Manager no later than 15 days following the last day of the reporting quarter beginning with the quarter
during which the completion of the construction or installation of equipment occurred. It is hereby understood and
agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30,
September 30 and December 31,
8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or
the provisions of Section 768.28, Florida Statutes.
9. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide tha Grantee an
opporinnityto 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 ajree to terminate this Agree-r-nenLfflr_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), FStatutes.
10. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or
State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the
following actions, as appropriate for the circumstances.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance.
C. Wholly or partly suspend or terminate 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.
DEP 55-240 (12/05)
DEP Agreement No. LE 638, Page 3 of 7
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 ternunation takes place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
11. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, the U.S. Fish and Wildlife Service and the Florida Inland Navigation District or
their authorized representatives shall have access to such records for audit purposes during the term of this
Agreement and for five years following Agreement completion. In the event any work is subgranted or
subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and
allow access to such records for audit purposes.
B. The Grantee agrees that if any Iitigation, 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.
12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable
provisions contained in Attachment C (Special Audit Requirements), attached hereto and incorporated
herein by reference. Exhibit 1 to Attachment C summarizes the funding sources supporting the
Agreement for purposes of assisting the Grantee in complying, with the requirements of Attachmen A_
revised copy of Exhibit 1 must be provided to the Grantee for each amendment, which authorizes a
funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall
notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of
the updated information.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further
apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the
type of financial assistance (federal and/or state) identified in Attachment C, Exhibit 1 when making its
determination. For federal financial assistance, the Grantee shall utilize the guidance provided under
OMB Circular A-133, Subpart 13, 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:
https://apps.fld.fs.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.
13. A. The Grantee may subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work
elements included in any subcontract and agrees to be responsible for the payment of all monies due under
any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any
subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be
solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of
Minority Owned firms that could be offered subcontracting opportunities maybe obtained by contacting
the Office of Supplier Diversity at (850) 487-0915.
DEP 55-240 (12/05)
DEP Agreement No. LE 638, Page 4 of 7
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.
l4. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the
Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of 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.
15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this
Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state
and local health and safety rules and regulations. The Grantee further agrees to include this provision in all
subcontracts issued as a result of this Agreement.
16. The Department's Grant Manager (which may .also be --referred to as the Department's Project Manager) for this
Agreement is identified below.
Brenda Leonard
Florida Department of Environmental Protection
Division of Law Enforcement, MS665
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Telephone No.:
850-245-2847
Fax No.:
850-245-2859
E-mail Address:
Brenda.Leonard a@?dep.state.fLus
17. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement
is identified below. The Department must be notified in writing of any change in this information within ten days.
Stephen Bogner
City of Miami
Dinner Key Marina
3400 Pan American Drive
Miami, Florida 33133
Telephone No.:
305-579-6950
Fax No.:
305-579-6952
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:
DEP 55-240 (12/05)
DEP Agreement No. LE 638, Page 5 of 7
A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as
long as the required work is being performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
equipment in good operating condition.
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the
use of, non -expendable personal property or equipment purchased with grant funds and held in his
possession for use in a contractual arrangement with the Department.
21. A. The Department may at any time, by written order designated to be a change order, make any change in
the work within the general scope of this Agreement (e.g., specifications, task timelines within current
authorized Agreement period, method or manner of performance, requirements, etc.). All change orders
are subject to the mutual agreement of both parties as evidenced in writing. Any change proposed which
will cause an increase or decrease in the Agreement's compensation amount 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 con€1 emrns and the availability•uf funding. Request for extension oftiffre in which to
complete this project shall be in writing and shall be requested at Least sixty (60) days prior to the
completion date as described in paragraph 4 above.
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-thi A-greum t
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity, and may not transact business with any public entity.
The Florida Department of Management Services is responsible for maintaining the discriminatory vendor
list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-
0915.
23. In accordance with Executive Order 12549, Debarment and Suspension (43 CFR 12.75), the Grantee certifies that
neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the
Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the
U.S. Fish and Wildlife Service to the Department. Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective participant shall attach an explanation to this
Agre ement.
24. The U.S. Fish and Wildlife Service, the Department, and the Florida Inland Navigation District reserve a royalty -
free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use,
for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant.
B. Any rights of copyright to which a Grantee, subgrantee or a contractor purchases ownership with grant
support.
DEP 55-240 (12/05)
DEP Agreement No. LE 638, Page 6 of 7
25. Land acquisition is not authorized under the terms of this Agreement.
26. This Agreement represents the entire agreement of the parties, Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last
written below.
CITY OF MIAMI
By:
Signature of Person Authorized to Sign
Print Name and Title of, Authorized Person
Date:
FEID No. 59-6000375
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By;
Director, Division of Law Enforcement
or designee
Date:
� lc- X J i4-L.G
Brenda Leonard, DEP Grant Manager
EP Contracts Administrator
Approved as to form and legality:
L
DEP Attorney
*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 Scope of Work and Conditions (3 Pages)
Attachment B Grant Payment/Match Request Formf Page)
Attachment C Special Audit Requirements (5 Pages)
Attachment D Property Reporting Form (1 Page)
DEP 55-240 02/05)
DEP Agreement No. LE 638, Page 7 of 7
CITY OF MIAMI, a municipal
Corporation of the State of Florida
ATTEST:
PRISCILLA THOMPSON PEDRO G., HERNANDEZ
CITY CLERK CITY MANAGER
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
LEEANN BREHM JORGE L. FERNANDEZ
RICK MANAGEMENT CITY ATTORNEY