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HomeMy WebLinkAboutExhibitFIDE Agreement No MV179 For CVA15-733 PROJECT AGREEMENT :FOR FLORIDA DEPARTMENT OF ENVIRONME, NT AT, PROTECTION . CLEAN VESSEL ACT GRANT PROD `,AM THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL, PROTECTION, whose address is 3900 Comm( vealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the. "Department").and the CITY C s,MIAMI DBA'DINNER KEY.MARINA whose address is 3400 Pan American Drive, Miami, Florica 3313.3., (here.nafter referred to as the "Grantee"), a local government, to conduct. City of Miami dba Dinner Kay:Marina, CVA. 15 -. 733, second. phase, 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 Department of Interior, U S,Fish. and Wildlife Service through Grant Agreement. No. FI,-V-FI4AP00979 as well as funds 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 front the US. Fish and Wildlife Service and funds from the Florida Inland Navigation District; and, NOW, THEREFORE, in consideration of the piromises and the mutual benefits to. be derived herefrom, the Department and the Grantee do'hereby agree as fb lows'; I. The Agreement <shall be performed in accordance with 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 66.134, Florida Administrative Code), .+hich are hereby incorporated by reference as if fully set forth herein. The Grantee agrees to.conduct the project known as the City of Miami dba Drnner Dray Marina; CVA 15 733, second phase, in accordance with the terms and conditions set forth. in this Agreement, the Scope of Work and Conditions, provided as Attachment, A, anti all exhibits and attachments referenced herein and niade a part hereof. I By executing this Agreement, the Department certiftes that a .slte visit has been Conducted by .Department personnel to verify and document that the project activities and location ofhe wont described in Attachment A meet the categorical exclusion criteria under the National Environmental Policy .Act` (NEPA) and Haat 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 executionby both parties and shall remain in effect. fora period of five (5) years from the project completion date in order for the Grantee;to comply with the reporting requirements identikit in paragraph 7 of this Agreement, Itis understood and 'agreed that tlac :.Proicct shall be completed no later than September 30,_2016: The Grantee must oiake project facilities available to the boating public,. for a rninimum of five (5) years after the completion date sof 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 (l0) 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 reportingfar the reinain1fig life of this Agreement. The "Bill of Sale" or other official DEP AgreemciltNo.,JVTVI79,Page t of 12 document ti•anst'erring ownership shallinclude these grant requirements, Any change in ownership will require an amendment to this Agreement, Should the new owner refuse to assume the ,Obligations lag set forth in this Agreement, the original Grantee shall reimburse the Department for the value ofthe`equipment purchased under this Agreement as specified in 43 CFR, Part 12.72, C. The Grantee May claim allowable project expenditures` trade oil or after the date of execution for ;purposes of meeting its match requirement identified in paragraph 5,D, 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 $204,850:00; towards the Total Project Cost as described in Attachment A, Scope of Work and Conditions, Th%s Agreement may be amended to provide for additional services if additi.ol al ftinding .is made available by the U.S. Fish and W-ildlife Service and/or the Florida Legislature,. B.., The Grantee shall be reimbursed on a cost reimbursetnent'basis.for all eligible .project costs upon the completia t, submittal and approval of the deliverables identified In Attachment A, in accordance with the schedule therein: No travel expenses are authorized under the terms of this Agreement. Reimbursement shall berequested utilizing Attacbment!B, Grant Payment/Match Request Form. In conjunction with .Attachment B, an itemized listing (by deliverable) of all expenditures claimed .(including the dates of service) shall be submitted. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including; but not limited to, the Deference Guide for State Expenditures. ii. The Chief Financial Officer requh-es 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 minitimm requirements set fot°th therein. All bills, for amounts due under dais .Agreenrent shall be submitted in detail sufficient for -a proper pre -audit imd post -audit thereof. iil, The Grantee shall submit a final invoice to the Department no later than October 14, 2016 to iv. Each payment request submitted shall document.all matching funds and/or match -efforts (Le. in-kind services) provided during the period covered by each request. The final payment will trot 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. C. 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 function, operation and purpose. An explanation inust be provided whenever the Grantee proposes the use of a vendor quoting other than: the lowest price. The Departnnent 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 M12,76, D, The panties hereto understand and agree, that this Agreement requires 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. Al.l match shall meet the federal; :requirements established in 43 CFR., Pant 12 and.OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A-21 (2 CFR 220}, b} P Agreettzent No. MV179, Page 2 bf 1Z The Grantee may also be required to submit a. cost allocation plan to the T.lepartment'in support of its multipliers (overhead, indirect, general administrative costs;. and cringe benefits) if applicable, State guidetines for allowable costs can' be found in the Department ofF'inanciai Services' Reference Guide for State. Expend itures atlitip://www.fldfs.conn/aadir/referenee%5Fguide and allowable costs. for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at. http,//www.access,gpo.gov/Dara/cfi/cfr-tablensearcli.htmI and .OMB Circulars A47 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A-102and A-:110 (2 CFR. 215) at http://r?uvvw.wltehousegav/oi�b/circulars/index.htm l#numerical. V, Allowable costs will. be determined in accordance with the cast principles applicable to the organization incurring the costs. For purposes of this. Agreement, the following cost principles are incorporated by reference. Organization Type App licable Cost Principles State, local or Indian tribal government. OMB Circular A-87 (2 CFR 225) Private non-profit organization other than OM13 Circular ,A-•1.22 (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 i.tniforin cost accounting standards subject to that circalar. that comply With cost principles acceptable to the federal agency. G. :Any State agency or agency ofia political subdivision of State which is using appropriated Federal funds shall comply with the tequiremerits set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 Ui&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 flscal.year was $10,000 or more. RCRA Section IM) nrnuiwa<tilminrnmIAI" 'hrnrt]I containing recycled in 40 CFR 247, lied by EPA._ These guidelines are listed 1I. 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 subrecipient's,:accouiiti..ng system cannot comply with this requirement, the Grantee, or sibreciplent, shall establish a system to provide adequate fund accountability for each project it has :been awarded: ii, if the Department finds thatthese funds 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-eotnplianoc with the material terms of this Agreement. 'T. he Grantee, upon such writtenrrotificati:on 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 ofAdininistration. Interest. shall be calculated from .the dates) the original. payments) are received from. the Department by the Grantee to the date repayment is made by the Grantee to the .T)epartment. DEP Agreariient No. Iv1 V 179, Ptiee 3 of 12 iii'. In the event that the Grantee recovers costs, incu►red under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall re:imbursethe Departmentfor all recovered frmds originally provided under this Agreement, Interest on, any refund shall be calculated based on the prevailing rate used by the State l3oard of Administration, "Interest shall. be .calculated from the dates) the paytnent(s) are recovered by the Grantee to the date repayment is<:made to the Department by the Grantee. The federal funds awarded under this Agreement must comply with The Felteral /arrrt(lin Aceounuabilitf> ru d Transporenoy Act (FTA TA) of 2006, The intent of the FF'ATA is to empower every American With the ability to hold the governnient accountable for each spending decision. The end result is to reduce wasteful spending in the government. The :l=°FAT"A 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 rvrvw.USAS endin . oy. Oxrant;Recipients awarded a Crew Federal grant greaten• 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 dais requirement. Prior written approval fltom the Deparnnent's Grant Managcr shall be required for changes within approved task- budget categories of up to 10% of the total task budget amount. The. Department Grant Manager will transmit a copy of`the, written approval ante revised budget: to the Department. Procurement Office and the Depart►Hent Contracts Disbursements Office for inclusion in the Agreement pile, Changes greater than 10% of the total approved task budget will require a formal changeorderto the Agreement; Changes that transfer funds from one task to another oil that increase. or decrease the total funding amount will require a :formal amendment to the Agreement. No reimbursement will be made that. exceeds the grant award amount. An increase in funding or a completion date extension will require a formal written amendment to this Agreetnent. 6 The State of Florida's perforiname and obligation to payunder this Agreemetit i.s contingentupanan annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of Riture appropriations. 7. A. The Grantee shall submit progress reports, on the form provided as Attachnrent.D, Progress Report Form.; on a quarterly basis until the Agreement completion date identified in paragraph 4A 114�,1.tN.�.7 tU►1VA,L7, JFACIJJ; ,tf il�1J4.1;i:'...1 fx';YY.:l11 Ay t.J i'J;4,yl,1 UW„�1;fJJ,J4i4rj \r.4t4A1 41ttGAJ.4.Ul A.W.F....:.4AAU-.._fl.t31 [4tLWAb WA....4AAU .. ... .... ........ Agreement period., problems encountered, problem resolution, schedule updates and proposed woflt for the next reporting period, it Is hereby understood and agreed by the parties that the term "quarterly” shall reflect the calendar quarters ending March 31, June 30, September 30 and. December 31. 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 a quarterly pumpout report with the 'following information to the Departinent on. a quarterly basis: the gallons pu►nped, fees oohected,- vessels p-t►mped, n.timbcr f out of state vessels, and maintenance costs. This infortnation shall be submitted to the Depatttilcht on the form provided at;'_hLtp-,L/www.de—`.state.flt► Clea-martritr/CVA/cttatieily' nota l7 m for a period of five (5) years following the;Pr*ct completion date identified in paragraph 4,A, The first report shall be due in the timefrarne specified .in Attachment A, Scope of Work and Conditions.. C: Pumpout facilities, pumpoutvessels, 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 ptitnpout equipment and associated materials. An :aceountin; of all fees collected will be provided with the quarterly punlpout report described above. 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 Ort' Agreement No. .MV179.; Page 4 of 11 immunity or the provisions of Section 768,28, Florida Statutes, Nothing herein shall be construed as consent by a state agency or subdivision ofthe State of Florida to be sued by third parties in any matter arising out of any contract or Agreement, 9.. A. 'theDoparuit:ent 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 or if any warranty or representation made by Grantee in this Agreement or in its application for funding.shall at any time be false or. misleading in any respect. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination, B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, Tetters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exerript from Section 24(a) of Article T of the State Gonstitutio'n.and Section U9,07(1)(a) :)ilorida Statutes. i), This Agreement may be terminated by the Department if written confirmation i 1, It the Grantee exnaterially fails to dornply with the terms and conditions of fl iit, s Agreoment, including any Federal or State statutes, rules or regulatiamm applicable to this Agreement, the Department may take one or j15iore of the following actions, Temporarily Withhold cash payinents pending correction of the deficiency by the 0, rahtee, B, Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the costof the activity or action not, in compliance, C Wholly or partly suspend or terminate this Agreement, D. Withhold further award§ for the project -or r program, .E. Request return to the Department of any equipment purchased with grant funds Oiat has not been proporly disposed of in accordance with the U.S. Office of the Secretary, Department:offfitefior (001) equipmont.1tianagement requirements W CFR,§ 12.72). F. Take other remedies that may be legally available, G. Costs of the Gtabnee resulting from obligations incurred by the Grantee during a suspension or after termination ofthe Agreement are not allowable unless the Dapaphilent expressly authorizesthem in the notice of suspension or termination. Other Grantee costs during suspension or after tQrmination. 'which are necessary and not reasonably avoidable are allowable if the following apply, L The costs result from obligations which were properly'incurred by the Grantee before the effective date of suspension or termination, are not in anticipation of it, and in the case of if. The cost would be allowable. If the Agredipent were not suspended or expired normally at the end of the funding period in which the termination takes place, Ff.. The remedies identified above; -do not preclude the debarm-ent-arid, A. The Grantee fttl maintain books, records and documents directly pertinent to performance under this. Agreement in accordance with generally accepted accounting principles consistently applidd, The Department, the State, the U.S. Fish and Wildlife Service and the Florida Inland Navigation District or thei . r authorized representatives shall have access to such records for audit purposes during the term pf this Agreement, and for five i(5) years following Agreement completion, 1n the event any work is, subgranted or subcontracted,'the Grantee shall similarly require each subgrantoe maintain and subcontractor to and allow access to such records for audit purposes. .B, The Gxrantoe agrees that ifimy litigation, claim, or audit is started before the expiration of the record rotenti n e, the records shall be retained until alt. litigation, claims or audit o period established abov it findings involving the records have been resolved andfitnal action taken. C, Records fop real property and equipment acquired with Federal funds shallbe retained :for five (5) years followimg final disposltlon,_ D. The Orantoe'understan6its duty, pursuant to Section 20.055(5), Florida Statutes, to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its 8tiboontpaets issued, under. this Grant, If any, Impose this requiromq1t, in writing, on its's.tibeontractors. DEP -AgNeffient No. MVI 79, Page 6 of 1.2 13. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with -the applicable provisions contained iur Attachment E, Special Audit Requirements, attached hereto and made.a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement far purposes of assisting the Grantee in complying with the requirements of Attach ment:E. 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 Exhilit 1, the Grantee shall notify the Department's Grants .Development and Review Manager at (850) 245M2361 to request a copy ofthe updated inforniation. 8. The Grantee ishereby advised that the Federal and/or' Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of dais Agreement, The. Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shallutilize the guidance provided Linder OMB 'Circulau,A-133 SubpartB,Section .210 for determining whethor the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilizethe forin entitled "Checklist for Noiastate Organizations Recipient/Subrecipiet t vs Vendor Deterinination" (form number• DFS -A2 -NS) that canbe found under the "Links/Forms" section appearing at the following wobsitec h�ttp� // 8.fldfs.con-L/f na The Grantee should confer with its chief fim-racial ofteoi=, audit, d.irecto • or contact the Department' for assistance with questions pertaining: to the applicability of these regitirernebts,. 14, A. The Grantee may subcontract work under this Agreement without tlae prior written consent of the Department's Grant Manager, Regar°dtess of.any subcontract, the Grantee is u..ltinxately responsible for all workto be performed tinder this Agreement. The Grantee shall sutbunit 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 subcatitract, It is understood acid 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 hxcurred udder the subcontract: _.. .......... B The Department of .twit°otxnxeratal f'rotectioia supports diversity in its ;procurement prograni and. requests that all subcontracting opportunities afforded by this Agreement: embrace diversity enthusiastically. The.award of subcontracts should reflect the full diversity ofthe citizens of the state of Florida. A list of minority. owned firms that could be offered subcontracting opportunities raiay be obtained by contacting the Office of Supplier Diversity at (850) 4487-0915. C. The Grantee agrees tofollow the affirmative steps identified in 43 CER. 12 for its selection of subcontractors and retain records documenting compliance, D. This Agreenxent is neithor intended nor shall it be construed to grant any rights, privileges, or interest In any Hirci party withoiut the mutual written agreement of the .parties hereto, E: This Agreernent is an exclusive grant and may not be assigned in whole without the writtenapproval of the .Department. 15. A. The Grantee cortifres that no Federal appropriated funds have been paid or will be paid, by or on behalf'ofthe Grantee, to any person for bifluctichig or attempting to influence an. officer or employee of an agency, a Metriber of Congress, ;aur officer or employee of Congress, or aux employee of a. Membet- 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 agreernent, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant:, loan, or cooperative agreement. DEP AgNetnent No; MV 179, mage 7 of 11' B. If any funds other than. Federal appropriated funds have been paid or Will. be paid to any person for influencing or attempting.to influence an ofpcer or ernployee of agency, a M, onabo of Congress; ..an officer or employee of Congress, or an employee of a Member of Congress in connection with this pederal contract, giant, loa , or cooperative agreement, the Grantee shall complete acid submit Attachment It Standard.Foran-LLL, `sDkclosure of Lobbying Activities" (attached hereto'and. made apart hereof), in accordance with the instructions, C, The Grantee shall require that the language ofthis certif eationbe included in the award doconients for all subawards at all tiers (ineluding subcontractors, subgrants, and contracts under grants, loans, and cooperative agreeinonts) and that all subrecipients certify accordingly, D, 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 tratlsacdon. unposed by Section 1352, title 31, UIS, 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, E. 1n accordance with Section 216,347, Florida Stattites 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 withal) applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee farther agrees to include this provision. iti all subcontracts issued as a result of this Agreement. 17. All notices and written communication between the patties shall be sent by electronic mail, U.S. Mail; a courier delivery service, or deliverer) in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, .a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient: is. The Department's Grant,Manager (which rrtay also be referred to as the Department's project Manager) for Pamola Grainger Florida Departmerit of Environmental Protection Office of Sustainable Initiatives 3900 Commonwealth Boulevard, MS#30 Tallahassee, Florida 32399-3000 Tele, hone No.: (850) 245-•2100 Fax No;, (850) 245-2159 E -.mail Address: Paniela.Grain er de ,state.fl,us 19: The Grantee's Grant Manager (Which inay also be refet'red to as the Grautee's Project Manager) for this Agreement is identified. below. Ste kion Bogner City.of.lvliami dba Diner Key Marina 3400 Pan American Drive Miami, Florida 33133 Telephone No,: (305) 3294755 Fax No.: 305) S79T6952 E-mail Address: sbagner rinlami ov,com D P Agreement No, MV! 10, Dale 8 of 12 20. To the extent required by lawn, die 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 its employees unless such employees are: covered by Me protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law, In case arty class of ernployees, 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 hi:s employees not otherwise protected, 21. A, The Grantee shall secure and maintain Commercial General. Liability insurance including bodily injury and property damage. The m nimurn limits of liability shall be $100,000 each occurrence and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from the services andlor operations completted under this Agreement, whether :such services and/or operations are by the Grantee or anyone directly or indirectly employed by him. B.. The Grantee shall secure and maintain. Commercial Automobile Liability insurance for all claims which may anise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or by anyone directly, or indirectly employed by him. The rnininaum limits of liability shall be as follows: $300;000 Automobile Liability Combined .Single Limit for Company Owned Vehicles; if applicable $300,000 Haired and Non -owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida,. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason_ except alter thirty (30) days written, .notice (with the exception of non- payment of premium which requires. a 110 day noticd) to the Department's Procurement Administrator and shall include the State of Florida as an Additional Insured for the entire length of the Agreement. ........................ _ .. ..................... ... ,L f any worlc proceeds over or adl'acentto;water,-the Gil` f6e sh* l secure; and maintain,as applicable, any outer type of required insurance, hicludina but not .limited °to Jones Act, Longshoreman's and. Harbormaster's, or the :ncluslon of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300;000 each. In addition, the Grantee shall :include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Scope of "Work rind Conditions, Questions concerning requitred coverage should be directed to the U.S, Department: of Labor (lett a, /1 y,,ww.doI ov/ vcp dlh4vcflsco "tac.httri or to the parties'insurance carriers. 22. The Grantee covenants that it presently .has no interest and shall not acquire any interest which wor ld conf[iact in any manner or degree with the performance of services required. 23. Upon satisfactory completion. of this Agreement; the Grrantee may retain ownership of the: non -expendable personal property or equ.ipiment purchased under thisA reement. However, the Grantee shall complete and sign Attachment G, Equipment/Property Stirrrmary pons, and forward it along with the appropriate invoice(s) to the Department's Grant Manager. The following terms shall apply; A, The Grantee shall have uge ofthe non -expendable personal property or equipment for the authorized purposes of the contractual arrangenjent as long as, the required work is being performed. 13. The Grantee is.responsible for the implementation of adequate maintenance procedures to keep the non-expendab le'personal property or equipment in good operating cottditr'on. DEP tlgreernerit MY, MV 179, Page 9 of 12 C The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, tion -expendable personal, property or equipment purchased with state fiends and Held in his possession for ase in a contractual arrangement with the Department. 24. A, The Department may at any time, by written order designated to be a change order, inake 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 subiect to the, mutual agreement of both parties as evidenced in writing, A.tiy change, which causes an increase or decrease in,the Grantee's cost or time, or,a change in ownership shall require formal annendinent to this Agreement, and will not be eligible for processing through the change ot'der procedures described above:. 1; In the event of a change in the Grant :Manager for either the Grantee or for the `)';)apartment, such party will notify the Other party ill whiting of the change within thirty (30) days atter the change becomes effective, The notice for a change in the Grantee's Grant Manager shall be, sent frons the Grantee's representative authorized to execute agreements to the Depailment'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 exchided froni participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in perfaianancc of this Agreement. Facilities or programs funded in whole or in part by program funds shall be .made available to the general. public of all of the member counties on a non-exclusive. basis without regard to race, color, religion, age, sex or sibillar condition. C. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section 287.134, Florida Statute, may not subiiit a bid ori 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 iiay not transact business with any public entity. The Florida and posts the list on its website; Questions regarding the discriminatoryvendorlist may be directed to the Florida Department ofManagemeilt Services, Office of Supplier Diversity at (850) 487-0916. 13,, The e.nnployment of unauthorized aliens by any Grantoe/subcontractor is considered a violation of Section 274A(o) of the Immigration and Nationality Act. if the grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause :for unilateral cancellation of this Agreement, The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result ofthis Agreement. 26. A, Granteeagreesto comply with'the Ariierioans With Disabilities Act (42 11SC' [2 101, et se J, where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment public accommodations, transportation, State and local government services, and in telecoininunications.. 13. Grantee tnEIst identify any products that may b.e used or, adapted for use by visually, Bearing, or other pbysica ly impaired individuals,. 27. In accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400); the Grantee certifies that neither it; nor its prineipats, is presently debarred, suspended, proposed for debarment, declared. ineligible, or voluntarily:excluded froth 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 debaixed oi' suspended from participating in this covered transaction, unless DEP Agreeiiient No. MV179, :Paige I0 of 12 authorized in writing by the U.S. fish and Wildlife Service to the Department. Where the prospective lower tier participant is rouble to certify to any of the statements in tlfis cet tihcation, such prospective participant shall attach an explanation to this Agreement, The Grantee shall include the language of this section in.atl subcontracts or lower, tier agreements executedto support the Grantee's work under this Agreement, 28 The U.S.1~ish and, Wildlife Service and the Department, reserve aroyalty-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 tinder a grant, subgrant, or contract under —grant or sub Mm. 13 Any rights of copyright to which a Grantee; subgrantee or a contractor purchases ownership with grant support, 29, Land acquisition is hot,authorized under the terms oftb s Agreement, 301 The Grantee agrees tocomply With, and include as appropriate in contracts and: subVants, the provisions contained in Attachment H, Contraet provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment 1, Regulations, attached hereto and;made a parr hereof, shall apply to this Agreenient. 3'1. 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 ofthis 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 broEtght ;in Leon County., Florida. 32. As .applicable, Department personnel shall be, given access to and may observe and inspect work being performed under this Agt`eoment, including by any of the following methods; A Grantee shall provide access to any location on• facillty on which Grantee is perforrning.work, or storing or staging equipment, materials or documents; .......... 8. Grantee, shall -permif--inspeofiorL of any 'facility, equipment, practices} or operations -required perforniance of any w..ork pursuant to. this Agreement; and G: Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or :parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement, 33. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all .of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-ntail delivery of a ".pdf l format data file, such signature shall create a valid and binding obligation of the patty executing (or on whose behalf such signature is executed) with the same force and effect as ifsuch facsimile or ".pdf' signature page were an original thereof. 34. 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 patties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE'INTENTIONAUY LEFT BLANK Diff' Agreement No. MV179, Page 11 of 12 IN WYMESS'WHEREOV, the parfleshavocaused thisAgreement to be dilly et the day And year 1,1st Written below, CITY Or MIAMI DBA DINNER KEY MARINA 13y: -tip, —O-Kx-� ,IZe A e qr -tilt till, �aadi Ic okout�horized Person We: I I - Q.::? - 1 FRID No. 5,9-( L0003,75 STATE or m0RIDA DEPARTMENT OV BN V I RON MENTA L PROTECTION mid Sustainable Initiatives, or (joignec Approved_as to form and 'cgrdi'y: A�ttorncy Irsomeolle other than the Chilpran signs taxis Agreement, a resolution, statement or other document Authorizing that person to sign the A81'ecillent Oil behalrof the governmental b6ard/conbli issiom vilust, accompally the Agivomoi% hist inoludod as part of flilsAgreem6tit! Specify Letted 'tulle Numbu Attabittneitt _A Attgcitntent B Aag-ch�lent , —C ML�l 011 Ll I -ej Alt _D AIM91.1—ment --1- WU.�dimqat -E- Att'301"lleg -9- Attaghipent �H- AW10 �111101,t J,,,,_ Do0cription (include nuhlber of pagos) NTAgreomeni No, MY,119, Pop 12 or 1'2 ATTACHME, NT A Clean Vessel Act Grant Program Scope of Work and Conditions PURPOSE. The primary goal of the Clean Vessel Act is to reduce overboard sevra96 discharge :from recreational boats by .providi.ng pumpout and dump stations for recreational boaters to dispose of human waste in an environmentally safe manner, The purpose of the Glean Vessel Act Grant :Program is to establish or restoro pumpout facilities that are operational and accessible to the. genoral boating public for the useful life of the facilities. The program also provides educational materials for boaters on the hazards of boater sewage, when applicable. The Clean Vessel Grant Program has received verification front the Department District Office that a site visit/permit verification has been conducted.. The project is located at City ot.Mlarni, Dinner.Key Marina, 3400 Pan AttAerican Drive, Miami, FL 33133 ( Iprgject site). The Grantee shall operate each p mpout'facility or dump station funded tinder this .Agreement so that it is open and available to the recreatiorial boating public. Each pumpout facility, pumpout vesse:i, or dump station shall be operated, .maintained, and °continue to be reasonably accessible to all recreational vessels for the period of time set forth in Paragraph 4, of the Agreement, The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations in accordance with the Pumpout Station Operational Plan. Pampout vessels are to be used solely for the collection: and hauling of recreational boat sewage. Project Required Submittals and Requirements The following docurnents are required submittals under this Agreement, Failure to provide any:of the fallowing in the time frames provided may result in denial of reimbursement request. These provisions also represent requireinents under this Agreement that must be complied with for the terra of this Agreement In addition to required documentation requesting: reimbursement as provided in paragraph 5 of the Agreement, the Grantee shall, with the final reimbursement request, submit All of the following: A. A completed and signed Pun.ipout Project Certification of B. A pumpout log satxrple,.wb. ch shall. provide for daily logging of vessels primped, total gallons pumped per vessel number of, out of state vessels, fees collected, and maintenance costs. The actual Baily log is not required 'to be submitted to the Department. However, Grantee nnist beep the logs as backup documentation for live (5) years following the project completion date. C, A Pumpotxt-Station Operational Plan that specifies hours of operation, maintenance principles, methods in determining volume of_material pumped including the ;use of how meters as may be necessary, informational/educational materials on pumpout operation And assurances that the pumpout facility, purnpout vessel, or dumpstation will be used solely for the collection of recreational boat sewage, DIP 55-240 (9/13) DE;PAgreement-No. MVI 79,, Attachment A, Page 1 of TA;S KS/DELI"VERA.BLIES Th'e following is a schedule oftasks/deliverables and budget detail for the completion of the tasks required to complete this project, Payment can be requested upon stibmisM n, review, and approval of the deliverables assigned to each task. Task 1.Equipment .Purchase and Installation. The Grantee will purchase authorized peunpout:or waste receptacle equipment and ensure its delivery at the project site. Authorized equipment includes: Clean outs with all hangers, straps and supports, PVC,piping; fittings and valves. Punapout`facilfties mrtst be installed so that tlaey naay be operated in accordance with state and local health regulations, In addition, Grantee must install the equipment for use. Installationincludes: • Installing plumbing and electrical service for purapout equipment. • Installing new pumpoAit equipment to plumbing and electrical service. DcOverables: A, Dated photograph of.putnpout equipment delivered to, whether.or not installed, at the project site; a copy of .paid invoice and delivery receipt. This deliverable's allowable costs are for equipment, B. Dated photographs of installed putnpout equipment; written certification fi om the Grantee that the equipment is operating properly; written.certification from the Grantee that training has been provided to the pumpout operations following installation, Written certification can be in the form of an email or letter. This deliverable's allowable costs aro for contractual services. C. Completed Equipment/property Summary For nn (Attachment G), Performance Standard: Documentation will be reviewed to verify authorized equipment has been purchased and delivered and is installed and operating In. accordance with this task, The Department's Grant Manager will review the EgLiipinent/Prope.ity.Repot itig; Summary for accuracy and completion. Upon review and written acceptance by the Department's Grant :Manager of all deliverables under this task, the Grantee may proceed with payment request submittal, Task Deadline: Afier Agreement execution and before project completion date of Sc tember 30•, 2016, Bridget; Allowable costs for this task are for equipment and contractual services in accordance with the above deliverables. equipment purchase and equapmW installation may,, be inGlttded on one Invoice. Grantee may be paid for°.deliverable.A upon receipt of deliverable A prior to completion of deliverable B. 'DEP 55-240 (9/13) Dl P Agreement No, MV 170' Attachment A, Page 2 of 3 Attachment 5xhfblt I FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PUMPOUT PROJECT CERTIFICATION OF COMPLETION Division: Officeof Sustainable Initiatives Application No, CVA Project Code, CVA Project Agreement No, MV GRANTEE: GRANT for, EXECUTION DATE: Total Grant Award: $ GL�ANHEIS AFFIDAVII I CERTIFY., That the Work. under the above Project Agreement and all amendments thereto has beer satisfactorily completed; that all materials, labor and other charges against the project have been paid inaccordance with the terms of the Agreement', that no liens have been attached against the project; that no suits are pending by reason of work on the project under the Agreement; that all workmen's compensation claims have been settled and that no public liability claims are pending. NOTARY PUBLIC: Subscribed and sworn to before me at Thisdayof (Title): (Seal) CE GRANTEE: By, ( Name and Title,) Date; Social Security No. I CERTIFY, That the work under the above named Agreement has been satisfactorily ompleted under the terms of the Agreement and that the grantee has submitted satisfactory evidence that all. labor, materials and other charges .against the project have:been paid in accordance with the terms of the Agreoment,to the best of my 'knowledge. Clean Marina/ Clean Vessel Act Program Project.Manager (Print Name And Title) Date Division. office of Sustainable Initiatives Director of Sustainable Iniflatives (Print Narne and Title) Date DEP Agreement No. MVI 19, Atta,Wirnent A, Page 3 of 3 ATTACITME:NT B GRANT PAYMENT/MATCH REQUEST City of Miami dila Dinner Key Marina MV179 CVA15-733 DEP Program: Clean Vessel Act Grant Program If Department payment is I)eing requested, an invoice on your letterhead must accompany this form. TOTAL PROJECT (100%) of costs P -n�tting $ ort 1 N/A Construction Renovation Equipment Purchase Equipment Installation Operations Maintenance and Repair Sewage Hauling PumpotaSignage - ............. . ................ 111.1-1- ............ .. Education and Instructional Materials TOTAL PROJECT 25% Grantee, match 75% reimbursable to Grantee , &A N/A N/A N/A N/A NLA I attest that documentation has been and will be maintained as required by this Agreei-nent to stipport the atnoolits reported above and is available for .a4 1 dit opon request, I attest that allexpendittires prior to this req aest have beeo made and are true ziid accurate and, are oalyfor the purposes as described in Clean Vessel Act Grant Project Agreement No, MV 179. lfurtliorattest, that Grantee has coinplied'With the terms and conditions ofthis.Agreement. Grantee's Proj cot Manager DEP Agreement No. MV 179, Attachment B, Page 1, of_I Date ATTACHMENT C Contract Payment Requirements Jf lorida Department of'Financial Serviecs, Reference Guidefor State Expenditti.res Cavi,fl einthorsement Cortfracts Invoices for cost reintbursernent contracts most be $uppotied. by an itemized listing of expenditures by category (salary, travel; .expenses, etc.).; Supporting :documentation must be provided for each amount for which reintburseinent is being claimed.' indicating that the item has been paid. Check numbers may be provided in lien of copies of actual checks, leach piece of documentation should clearly reflect the dates of service, Only expenditures for categories in. the approved contract budget should be reinibUrSed: Listed below are examples of the types of.doonmeatation representing the minimum requirements {I) Salaries. A payroll register or.similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net: pay. If an individual for whom, reimbursement is being claimed is paid by the Hour, a doctu?:zca t reflecting the hours worked tulles the rate of pay will be acceptable. () Fringe Benefits: Fringe 13eneflu sliould he supported by invoices showing tlto amount paid on behalf of the employee (e,g., it surance premiums paid). If the contract specifically states That fringe benefits will be based on a specified perceritage rather than the autial cost of fringe benefits, then. the calculation for the fringe benefits amount must be shown. Exception: Goverwriental entities are not requlred to provide check numbers or copies of checks for fringe bene .fits. (3) Travel; Reimbursement for travel must be in accordance; with Section 112.001, Florida Statutes, which includes submission.,of the claim on the approved State travel voucher or electronic means. NIA under this Agreement. (q) Other direct costs: Reimbursement will be made. based: on paid invoices/reccipts. If nonexpendable ,property is purchased using State funds, the contract should include a provision for the transfer of the property to the State vdien services: are terminated, Documentation must be provided to show compliance with Departniezit pf ltlanagenlent Selvices itule '600 4.0 7, 1{lorzda Adrniiiistrative 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) IrWiouse charges; Charges which nay be of an internal nature (e,g., postage, .copies, etc.) may be reimbursed on a usage lag which shows the units times the rate being charged. The rates must be reasonable: N/A under this agreement. (G) ,Indirect costs; If the contract specifies that hrdirect costs will be paid based on a specified rate, titer the calculation should be shown. N/A under this Agreernettt. Contracts between state agencies, and .or contracts between universities may stibnzit alternative documentation to substantiate the reintbufsennni request that may be in the fonu of FLAIR reports or others detailed.rworts� The Florida Department of Financial Services, online Reference 'Ott ide for State Expenditures can be frond at this. web address: ham://wv w,fldfs,voi'a/ lir/ eference uuide,lzttn DI -T Agreement l*10. MV 179, Attachinent C, Phge 1 of l ATTACHMENT D PROGRESS REPOT FORM[ DEP Agreement No,: MV179 .Grantee Name: Grantee Address: Grantee's Grant 1Vanoger: Telephone No,: Quarterly Re ortin Period» Project Number and Title: Provide a summary of project accomplishments iodate. Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., copies of permits, photographs, etc.) This report is submitted in accordance with the reporting requirements of.Dl P Agreement No. MV 1'79 and accurately reflects the'activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agiveit-wit No. MV179, Attadiffieiit.D, Page 1 of L ATTACHMENT E SPIECIAL AUDIT REQUIREMENTS The AdpliniSit-ati.011 Of W901.11'008 awarded by the Department of t3tivironmental Protection (wh1oh nitiv be refe&ed to as the 'Vgpartment`, "DEP", "FDE1"`,0 "Grantor', or other name in (lie to the, recipient (,irbioh, may be referred to.tm the "Contmaor", Grantee" or other name M the contract/agreement) may be subject to audits andlor monitGring by the Department OfErivironmental Protection,, as de.soribed'in this attachnient. MONITORING In. Addition to reviews of audits conducted iltaccordance :with O.M.13 Circular A-133', Ind Section 215.97, F.S,, as revised :(see 1.'AUDITS" below), monitoring procedures may include, butt not be limited to, on-site visits by Department staff, firrifted scope Audits as defined by OMB, Circular A-133, as revised, .and/or other procedures. By _onwring Into this Agreernerit, the recipletit agrees to comply and cooperate with any monitoring procedures/processes deetned appropriate by the Department of 'Environmental. Protection. In the event the 'Department of Environmental Protection dotertbinos that a limited scope Audit of the retipicht, is Appropriate, the recipient, agrees to comply with any additional instructions provided b ' y the Depannient to the recipient regarding Stich audit, The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed mcessary by the ChlefFinancial Officer or Auditor General.. AUDITS PARI" 1: FEDERALLY FUNDED This part is Applicable if the recipient is A State,or localgovOrrunent oi- a non-profit brgani7�ation as defined m.G* MB �Circular A- 133, as revised. 'I In the evvnt that the recipient expands $500,000 or more in Federal:awards in its fiscal .year, the recipient must have a:singlo or program -specific audit conducted in accordance with the provisions of OM13, Cb-cular A-133, as revised, tXI41131T I to this Attaoliniont indicates Federal funds, awarded through the Department of Environmental Protection by this Agi4cornent, In determining the Federal awards expendedin its fiscal year, the recipient shall consider all sources, of Federal Awards_,;including Federalreso,tirces.,recelved from ...................... ............. _4he.-Dopartment, The dete*Jrintnation 6fainounts of Fed­o­r;aVawa***rJs experneii should be it) accordance with the guidelines established by OMB Circular A-133; as revised, An audit of the recipient conducted by the Auditor Cenetal in. accordance with the provisions of OMB Circular A433, as revised, will meet therequirements:afthis part. 2, In connection with the audit requirements Ad I dressed in Part 1, paragraph 1, Aic recipient shall fliffill. the requirements relative to auditee responsibilities as provided iu 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 aocardame with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipiont. expends less than $500,000 hi Federal awards in its fiscal year and elects, to have an audit conducted in accordance with the provisions of -,QMB Circular,A-133, as revised, the cost .of theaUditmust bepi I aid ftoin non -Federal resources (i.e., the cast of such an audit must be paid frorn, ,recipient, resources obtained from other than Federal entities), 4. The recipient.may access irifortnatiODregarding the Catalog ofFe.deral Domestic Assistance (CFDA) V11 the intertiet at hftp:./112�(-/��l2*46""46.245.�l� 31cfalk ±da.html. DEP Agreement NoMV179, AttachrnentE, Page I of 5 PART II: STATE FUNDED This part is applicable if the recipient is a noftstate entity as defined. by -Section 215,97(2)(m), Norida Statutes. L Jn , the event tha,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 niust.have a State single or prqjectWspeclfic Audit for such fiscal year in accordance- with Section. 215,97, Florida Statutes,; Applicable rules .of the Department of Financial Serviccs;.and Chapters 1.0,550 (lo,cal.goveramontal entities) or 10.650 (nonpro,fit and,for-pwflt organizations), Pules of the Auditor General. EXHIBIT I to this Attachment indicates state fitianclal assistance awarded through the Department of Environmental Protection. by this Agreernent. 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, cies, And. other lionstate entities. State financial assistance does not include Federal direct or pass-through Awards and resources received by a nonstate entity for Federal. prograrn matching requirements, 21. In connection with the audit requi . renwilts addressed in Pail. 11, paragraph. J; the recipient shall ensure that the at Onts of to audit complies with the requirem Secti 11, 2 1 5;,97(7), Florida Statutes. This incl Lides submission of 6 financial reporting package es deftned. by Seotion. 215.97(2), Florida Statutes, and Chapters 10,550 (local governmental entities) or 1.0.650 (nonprofit and for-profit organizations), Rules of the Anditor General. 3, If the recipient expends <less than $500,000 in statefina0fal, assistance in its fiscalyear, an audit conducted in accordaime 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 (1,c., the cost of such an audit must be paid froni the recipient's .resources obtained from other than state ontides). For, information regarding the Florida Catalog of State Fihiancjal Assistance (CS17A), a recipient should access coess the Florida Single. Audit Act website located at hLtl;pK.//aWs.ftdfs.L m/fsaa for assistance, In Addition to the above websites, the following Nvel3gites may be Accessed for information., Legislatures 1 1tlLAn Department of Financial Services' Wobsite At hWn./_/www.fldfsqoni/ and the it /_/vV A, z in Y-fint 6�p Auditor 0 jeneral's Website at.http://ww,,vsvate.fl.tis/Aqd ,_ _eq. PART 1.11: OTHER AUDIT REQUIREME NTS (NOTE: Phis part ir1aaalil lac tared tar .ri�ec arty etclalitiortnl rtrrclil i c1c/zrir erricr�ts IrarPasec( li}>.11rc Stcrt� ern err lirr�� e»tilt' that are solely a nicitterof lhatStalc aii"arding entiv'spolka, (i, e,,, the aidit is•. not required by Fe(leral or State kms and is not in ab)?Jlict vip/th other Ankral op.Stine .audu Pursuant to Section Florida &atides, Nate qgencie�r inay conduetor arrangefor audits qfSIatefinanctctl assistance that are in addition to auclits c6ndu&ed In davordance wil)iSection 215.97, Porida Statutes. In mch an event, the State awarding agency niusi arrangefor funding the frill .cost ofyuch additional audim) PART IV: REPORT SUBMISSION Copies ofrepOrtin packages for audits conducted in accordance with QMB Circular A�133,as revised, and 11 9 1 .required by PART I of this Attachment shall be I subi-ftitted When required by Section 320 (d), OMB CifCL1lar.,A-133,,a.S revised, by or on behalf. of the recipient &e& to each of the following: DEP Agreement NO.MVI 79, Attachment E,.Page 2 of 5 A. The Department of Euvixonin elital Protection at the following address: Audit Director FloridaDepartmentof Envil'onnieptal Protection, Office of the Inspector General, MS 40 3000 Commonwealth' oulovard Tallahassee, 'Flor , ida 32399-3000 The Federal Audit Cleari ghouse designated, in GMB Circular M 33, 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 Fedora] Audit Clearinghouse), at the fQllowing address-, Federal Audit Clearinghouse Bureau of Census 1201-Last10th Street Jeffersonville, IN 47,112 Submissions of the Single Audit reporting padkagge for fiscal periods ending on. or after January tj 2008, must be.subnilttod using the Federal Clearinghouse's Internet Data Entry System which can be found at Aq/ C. Other Federal agencies and pass4hrough entities in accordance With Sections ,320 (c) and (0, OMB Circular A-133, as revised. Pursuant to Section .320(f), ), O.MB Circular A4,33, as revised, the recipient shall submit a copy of the reporting package described in Sectioa .320(c), OMB Circular A-133, as revised, and any= management letters issued by the auditor, to tine Department of Fnvirorin).enta.1 Protection at the following address: Audit Director Florida. Department of Environnaonfal Protection Office of the Inspector t3eneral, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3'. Copies of financial, reporting packages required by PART I1 ofthis Attachment shall be submitted by or on behalf of the recipient directly to each of the, following; A. ThaDepailmetit of Environmental Protection at the following address: Audit Director Florida Department of Environ.tiier.ita.l.,Pt,otectibiI Office of the Inspector General, MS 40 3900 Comm(anwealth. Boulevard Tallahassee, Florida 12399-3000 B4 The Auditor GeneraVq Office at the -following address: State of FLonda .Auditor Geneva] Room x#01, Claude Popper Building 1.11 West Madison Street Tallahassee, Florida 32399-1,450 REMAINDER OF PAGE INTENTfONALLY TIEFT BLANK DEP,Agfoeinent N 6.MV 1.79, Attachment E, Page 3 of 5 4. Copies of reports or management letters required by PART Ill of'this .Attachment shall be submitted by or on behalf of the recipient directlto the Department of Environmental Protection at the following address; Audit nirectox° Florida Department of Environtnental Protection Office of the Inspector General, MS 40 3900 Comm.onwealth.: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 1.0.650 (nonprofit and far -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 OM.B Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and farwprolit organizations),. Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package,. PART V= RECORD RETENTION "T"he recipient shall retain sufficient records dernonstrating its compliance with the teens of this Agreement -for a period of 5 years from the date the audit report is .issued, and shrill allow the Department of Env rotunenial Protection, or its designee, Chief Financial Officer, or Auditor General .access to such records Upon request, `'lie recipient shall censure (bat audit Narking papers 'are made available to the Department of 8ivi.ronmen.tal. Protection, or its designee, Chief Financial Officer, or Auditor General upon ralL est for a ;period of 2years from the date the audit report is issued, unless extended in writing by theDepartmorit of Environmental Protection. REMAINDER OF PAGE INT NTI.ONALLY LEFT BLANK DEP Agreement,NoMV179, Attachment E, Page 4 of 5 E XHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE, FOLLOWING-. Federal Resources Awarded to the R4Reci tent Pursuant to this Agreement Consist of the, Following ,Federal State Funding Source F iscalYear CSFA Number CSFA Title State or Appropriation Funding Source Description Funding Amount Category State. Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category Original U.S. Fish and Wildlife 15.616 Clean, Verset Act Grant Program $204,850M 14om Agreement. Service — Gtwitl Award No. 3-L-V-Fl4AP00978, Florida Clean Vessel Act Costal CVC14,. ending September 30, 2016 State Resources Awarded to the Recipient Pursuant to this enrent.Cbnsist-til` the Following Match ift Resources for Federal Programs, Federal State Program Appropriation Number Federal A envy CFDA QFDA Title. FimdihgAniount Category State Resources Awarded to the Reci ient rsuantto'this reement CoasW of the Following Resources Subject to Section 215.97, F.S.: State Program Nu Number State Funding Source F iscalYear CSFA Number CSFA Title State or Appropriation Funding Source Description Funding Amount Category For each program identified above, the recipient shall comply vd' 1 th the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) fhttp-://'12A6.245.173/r-fd,a/cfda.htmll and/or thFloridae Catalog of State Financial Assistance (CSFA) Diups:i'lappsfIdS.com/fsaa/searchCatalog.aspxj. The services/purposes for which the funds, are to be used are included iin, the Contract scope of services/work. Any match requited by the recipient is clearly indicated in the Contract. DEP Agreement -No.MV179, Attachment E, Page 5 of 5 ATTACHMENT F Approved by 018,113 0348-0046 DISUDSVRF OF LOBBYING AOT 'VITiri a Complete this t"arin to disclose lobbying aottvities purstnuat to 31 U.&C. 1352' (See reverse for public burden disclosure) 1. Type ofFederal Actions 2. 5katus of Federal Action: µ 3. Report Type.- E] a. contract ' a; bid/offer/applicat atl a.- initial fling b, grant , initial ward b. material change c. cooperative agreement - - ard. c; Dost-aiFrfiitt {t, loan For Material Change Otllys e. 'loan guarantee £ loan insurance year quuetor dale of lost repoi k 4, Name and Address oflteporting Entity: $. If Reporting l:iitity in No. 4 is Snbaivai•dee, !;rater Ntinie Q Prime El Stibawarticu and Address of Prima. Tier _, V'krtotrn Congressional District, ff'known: C`ongress]onal District, if known: 6, .Federal Department/Agency, 7, Federai Program Nanie/Deseription: CFDA Number, tf apphorible, 8. Federal Action Number, ifknown: 9. Awn rd Amount, rf'known; _. _.......... .......... ........_._.... ......._.._.. ............... ....... ....... .. _. _................... S IU. n, Nanie And Address ofLobbyingEntity b. Individnais'Performing Services (includbiga4dressf( (lf inch v dual, lgst nctme, first minae, Yl): ?fa 100) (last name first name, NII): pitach (."orrtinrlallb'n-SheeP S Sl=rLUA, i neCtW,ciQ I t. :ttrfornration requested through this form is authorized by title 31 U.&C, Sigoature: s'ettion 1332. This disclosure of lobbying activities is a •'Material print NatneS representation of fast Upon which reliance was placed by the ticr above - When this trafi5netion Was luade or, entared luto. This disclosure is required pursuant to 31 USX. 1352. This information wilf be reported to C.'oaLress Title' senlf-anent Illy and will be a4ailable for.public inspection. Any iiorson who - frtils to tilts,therequired diWosure shall be subf ect to a civic penalty of Ilot Telephone No.; Datc'. less than W,000 and not more than $100,0010 for each itucb failure: Federal Use- Only: Autho imt fbr-Local Reproduction Stalidnrd l oro -1,11, (Rev 7 - 97) Form DEP 55-221 (01101) 17j�'i' Agreement No, X4V 179. Attachment F, Page '1 of 2 INSTRUCTIONS FOR COMPLETION OF SV-Ut, DISCLOSURE OF LOBBYING ACTIVIT.IE S This disclosure form shall be completed by the reporting entity, whether subawardee or peime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, Pursuant to title 31 U.S.C. section 1351. The filing of a form Is: require() for each payment or agreement to make payment to any lobbying entity for influencing or attempting to itill0ence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete All itettis that apply tor both the initial riling And material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional Information. I., Identify the type of covered Federal action for which lobbying activity isond/orhas been secured to Influence the outcome of a covered Federal. action, I Identify the status of the covered. Federal action. 3. Identify the appropriate classification of this report. If this is a f6lloWup report eaused:by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the lost previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, taddre'm, city, state and zip code of the reporting entity. include Coilgresslooal District, if known. Check the appropriate classification of the reporting entity that designates if it is or ap&t& to be, a prime or subaward recipient. Identify the tier of the subawardee, e,g., the first subawardee of the prime is the Ist tier. Subawards include but are not limited to subcontracts, subgrants and cou tract awa rdstiniter grants, S. If the organization filing the report in item 4 cheeks "Subaivardeel, then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6.1 Enter the name of the FederAl agency making the award or loan commitment. Include at least one organizational level below agency .name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Itent 1). If known, enter .......... ............... ........................................... --- the f0liCatalog FD of -.Fedcral -.Domestic. Assistance (CA) number fol. grants, --cooperative Agreenien S, loans, and loan commitments. S. Enter , the most appropriate: Federal: identify1fig number available for the Federal action identified in item I (e.g„ Request for Proposal (RFP) number; levitation for Bid (IFB) number; grant announcement number; the contract, grant, or, loan award number; the application/proposal control number assigned' by the FederM age0y.). Include prefixes, e.g., "RIFP-I)Ew90-0011.1° 9. For it covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the. award/loan commitment for the prime entity identified in item 4 or S. ,10. (a) E nter the full name, addresg, city, statealid zip Bode of the lobbying entity engaged by the reporting entity Identified in item 4 to Jqfltienee� the covered Federal action, (b) Enter the (Oil names Of the lildividtial(s) performing services, and include full address If different frorn 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11, The certifying official shall sign and date the form, print.his/lier name, title and telephone mimber, According to the iPaperNvork Reduction Act, As amended, no persons ate required to respond to 1.1 collection of inforruiltion unless It displays a valid 01VIB Control Number. Tbe valid OMB control nuniber for this inforniation coRection. is OMB No,(134840046, Public reporting burden for this., collection of information is esIthunted to average 30 "llnutes per response, including thne for reviewing instructions, Searching:'existi0g,(lata sources, gathering and nial"tainhig the dataneed0l, and completing and reviewing the Collection of inforination'. Send colvincrits regarding We btirden estirnate or stay otha.Kspect of this collection of information, Including suggestions for r0neing this burden, to the, Oface of Managenient find ,find et, Poperwork Reduction Prglect (031�-t)016 itwasjijngtofi, D,Cj 20503. Forn-iDEP55-221 (01/01) DEII Agrecmo!)t No, MV 179, Attfthment E, Page 2 of 2 ATTACRMENT G Equiptnent/Property . Reportingtr Summary for DEP Agreement No. MVI,79 Grantee Retains Ownership GRANITEE/CONTRACTOR: To comply with U.S- Office §12.72} list non -expendable equipment/personal property cos Agreement, costing $1100 } or more, of property previously pi Agreement on a separate sheet). Complete., 1) a description € 5). acquisition date, 6) rest,, 7) Federal hare of that cost 8) 10 sale price. The Grantee/Contractor shall establish a unique id I the inventory of said property, at least once every tvo' report I fl6r each year tfits Agreement is in effect ie Secretary, Department. of Interior Equipinent/Property Management Requirements (43 CFR S1,000 or more purchased under DEP Agreement No MV 179.Also list all upgrades under this ased under a DEP Agreement (identify the property upgraded and the applicable DEP property, 2) the serial number or other identification number, 3) the source, 4) who holds title, )n/address, 9) use and condition, 1*0) any ultimate. disposition data inolutling date of disposal and Fier for trackingIpme purchased all personal property/equi nt pu sed under this Agreement and shall 5, to the Department's Project Manager, by DEP Agreementnumber, no later than Sanitary 3I It Serial NbAD Description Source Percentage Purchase Charged to 0"Vnercost Location Date DEP Grant —Funds Disposition Use and. (if sold, Condition include sale price) a. Raftgaff Gauge 12345 Bid Gralvee S1,000"Unit 1003/7 -project Site 1k' -V I dNfta Permane-IMY rrrjeet site. Grant Date: FOR DEP USE ONLY: The DEP Grant Manager will maintain this document with a copy of the invoices supporting the cost,of each item identified above in the Agreement Me. If the Agreement is cost reimbursement, make sure to send invoices supporting.I the cost of the items to Finance and Accounting for the processing of the Grantee's Request for Payment. Signature: l3renda Leonard, DEP Grant Manager DEP FINANCE DEP PROPERT NO the DEP Agreement ent Ncr,MV 179, Attachment G, Page 1 of I Date: or is responsible for retaining ownership ofthe equipment/property upon satislactor!�conipletion of tl ip Agg-Teement- will retain oymership of the eqaipment1proper6y upon satisfactory coniptetion of the Agreenient. ATTACHMENT H Contract Provisions All contracts awarded by a reelpient, including small purchases, shall contain the following provisions As ,applicable, 11 Equal 'E mployruent Opportunity - Allcontracts shall contain a provision requiring compliance with Executive Order i (E.0) 11246, "Equal Employment Opportunity," as amended by E.O, 1.1375, "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 IlAnti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrahts in excess of $2000 for construction or repair awarded by recipients and subrecipients shall: include a provision for cornpliancd with the Copeland "Anti -Kickback" Act (I'S U.S.C. '874), .as supplehionted 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 subreelpient shall be prohibited from inducing, by any mcan% airy person employed in the construction, completion, or repair of public work, to give up any part of the cohipensation.to Which lie is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. bavis-Bacon Act, as Amended (40 US.C. 276a to a-7) - Wherl required by Federal prograrn, legislation, all construction contracts awarded by the recipients and 8tibrepiplents of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C, 276a to 0) and a's supplemented by Department of Labor regulations (29 CPR part 5, "Labor Stmidards, Provisions Applicable to Contracts Govexiiing Federally Financed and, Assisted. Construction".). .Under this Art, contractors shall be required to pay Wages to laborers And nlechmios at 'a rate not less than the- minimum wages specifled in a wage determination made by the Secretary of Labor. 'In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determinationissued 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. contracts awarded by recipients in excess of $2000 for construction contracts And in excess Of $2500 for other contracts thatinvolve the employment of mechanics or laborers shallinclude, a provision for compliance with Sections 10 and 1.07 of the Conti -act Work Hours andSafety Standards Act (40 U.S.C. 327-333), as supplemented byDepartment of Labor regulations (29 CPR 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. workweek of - 40 hours. Work in excess of the standard0 o , work week is permissible provided that, the worker is compensated at a rate f rant loss than 1 1/2 times the basic rate of pay for all :hours worked in excess of 40hours in the work week, Section 107 of the Act is applicable to construction work and provides that no laborer or ineclianic shall be required to work - in surroundings or Tinder workingconditions 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 rnarket, or contracts for transportation or transmission. of intelligence, 5. Rights to Inventions MAd6 V,fider a Contract or Agreement - Contracts oragreements for the l5erformance of experimental, developmental, orresearch work shall provide for the rights -of the Federal Govorrunent and the recipient in Any resulting invention. in accordance with 37 CPR part 401, "Rights to Jinveritions, Made by Nonprofit Organizations And Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awardfiig:agency. DE'PAgT0em0it No, MV 110, Att4clithent 144 Page 1, ol'4 6. Clean Ali, Act (42 U.S.C. 7401 of seq.) and the Federal 'Water Pollution Control Act, as amended (33 U.S.C. 1251 of seer) - Contracts and subgrants of arnounts in excess of $100,000 shall contain a proOsion that regpires the recipient to agree to comply with all applicable standards, Orders Ok regulat:ious issued pursuant to the Clean Air Act (42 U.S.C. 1401 et sect.) and the Federal. Water; Pollution Control Act as amended (33 U.S.C. 1251 et sect,.). Violations shall be reported to the Federal awarding agency and the Regional Office .of the Environmental Protection Agency 7. Byrd Anti -lobbying Amendment U.S.C. 1352) - Contractors who apply or bid for anaward 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 ern loyee Of a member of Congress in connection with obtaining any Federal contract, grant or: other award covered by 31. U.S.C. 1352. Each tier shall also disclose any lobbying with non-Fecloal finds that takes }dace in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 1.2689) No contract shall be made to :parties. listed on the Gencral. Services Administration's List of Parties Excluded froin Federal ProcuzIement or Nonprocurement Programs in accordance with E,O,s 12549 and 1209, "Debannert and. Suspension.," This list contains the navies of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory, or regulatory authority oilier 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 stnployees. 9; Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water :Act (42 U.S.C. 300h -3(e)) - Contracts and 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 Cotatrol Act, as amended (33 U.S,C, 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S,C. 30010(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection. Agency (EPA). 10.. Compliance wvith all Federal statutes relating to nondiscrimination - These include but are not limited to (a) "Title VI of the Civil Rights Act of 1964 (RL 88 35 )I, . wl ich prphibi s_ 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 handicaps; (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 Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255),as amended, relating to nondrscrunination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act. of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis. of alcohol abuse or alcoholism; {fj Sections 523 and 527 of the Public1lealth Service; Act o£:1912 (42 U.S,C. 290 dd-5 and 290 ee-3), as. amended, relating to "confidentiality of alcohol and .drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S C. 3601 et sect.), as amended, relating to nondiscrimination in, the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the. specific stawte(s) made; and, (i) the, requirements of any other nondiscrimination statute(s) that tnay. apply. li, Compliance with the requirements of Titles 11 and 111 of the Uniform. )Relocation Assistance and .Real Property Acquisition ;Policies Act of 1970 (P.L. 91-646) that provide for fair acid 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 it! purchases, 121,, Compliance with the provisions of the Hatch Act (S U.S.C. 150.1 —1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEIN Agreement No. MV 179, Attachment K Page 2 of 13. Coriipllano,'Jf applicable,Witli flood insurance Purchase requirements of Section 101(a) of the Flood Disaster Protection Act of 1973.(P.L. 93-234) that requires reolpients :in a special flood hazard Area to partkipate in the program am 0 C urch.4se 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 1069 (PX. 91-190) and Executive Order 11514; (b), notification -of, violating facilities pursuant to 'K 0. 1:1738, protection of - wetlands pursuant to ED, 11990; (d) evaluation of flood �i " I I .0i hazards in floodplains n accordance with E 0, 11 9ft 0 assurance of pt *edt.consistency with the approved. State management program developed under the Coastal Zone Management Act of 1972. (16 U.S.C. 1451 et seq), (f) conformity with *.Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of, I955, as amended (42 V<S,C. 7401 et seq); (g) protection, of underground sources of drinking water tinder the SA PrinMlig Water Act of 1974, as amended (P L. 91-523); and (h) protection o.fendangered species under the Endangered Species Act of 1913 7 As amended (P,L. 93-205). 115, Compliance With the Wild and `Scenic Rivers Act of 1968 (16 U.S.C. till et seq.) related to protecting components or potential components of the national wild and scenic, rivers system. M Cornpllance With Section 1.06 of the National 111st6ric.Preservation Act of 1,966, as amended (16 U.S.C,:470), E.O. 11593 (identifleatioft and protection :of historic propeetles), and the Arebaeological and Historic Preservatl6n Act of 1.974 (16 U.S.C. 469a-1 et seq.)_ 17Compliance with P.L. 93-348 regarding' the protection of human 84bjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory .Animal Welfare Act of I966(l?.L, 89-544,`as Amended, 7 U.S.C. 2131. et seq.) pertaining to.the care, handling, and treatment of warm blooded Animals, held for research,Jeaching, or other activities supported by this Agreement, .19. Com pliance with the Lead -Based. Paint Poisoning Prevention Act (42 U.S.(. 4801 et seq.) that prohibits the use Of leadobasod paint.inconstruction or rehabilitation of residence structures. 20. Compliance with the niaridatory standardg:and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conseevation. Act (Pub. L. 94-163, *89 -Stat. 871), of the Drug -Free Workplace Act of 1988 (Public Law 100-w690, Title V, Sdc. 5153,, as ,intended'by y Public Law 10545,, Div, A, Title VIII, Sec. 909, as codified At 41. U.SX., § 702) and DoC Implementing regulations 'Published at 43 CFR Part 43, "Governmentwide Repirements for Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26, 2003,68 FR66534), )vb1ch require that the, recipient take steps to provide RdMg-OCC workplace. 21 Compliance With the Buy American Act (41 UvS.C. 10a_10c) By accepting funds und6l, this Agreement, the'Grantee,agrees to comply with sections 2 through 4 of the Act of March. 3, 1933, popul.arly known, As, the "Buy American Act,." The Grantee should. review the provisions of the Act to ensure that expenditures made, tinder this Agreement are in, accordance with it. It is the sense of the Congress that, to the groatest extent practicable, allequipment and products purchased With, funds made Available tinder this Agreement should be American-made. 23. Compliance with the Trafficking ViOinis Protection Act of 2000 (2 CFR Part 175) By accepting funds taider,this AgV&eirent, the Grantee Agrees to implement the requirements of (g) of section 106 of .,the Trafficking Victims Victims Protection Act of 2000 (TVPA), aamended, 22 U.S.C. 7104(g); 94. Regisirations and Identification Information, the Grantee 6060 to maintain current. registration in the Central Contractor Registration (AMY_.cqr.g2y) System for Award Management (SAM) at all times during which they have active pvcJect funded with these ftindq, A Dun And Bradstreet Nita Universal Numbering System (DUNS) Number()6 �,w.dnb_xow) is one of the requirements for registration in the Central Contractor Registration, DM AArecm6ntNo. .MV 179, Attachineni 14, Page 3 of 4 25,. 41 USC §4712, Pilot Program for Enhancement of Recipient and Subrecip ent Employee Whistleblower Protection; This requirement applies to all awards issued after ,hely 1, 2013 and shall be in effect until January 1, 2017.. (a) This award, related subawards, and related contracts over the simplified acquisition threshold. and all employees working on this .award, related subawards, and related contracts over the simplified ocquls%tion threshold are subject to the whistleblower rights and rernedies in the pilot program on award .recipient employee whistleblower protections established at 41 U S.C. 4712 by section 828 of the National Defense, Authorization. Act for FiscaIYear 2013 (P.L. 112.239). (b) Recipients, their subrecipients,-and their contractors awarded, contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections u idu 41 U &C. 4712, (c) The recipient shall insect this clause, including this paragraph (c), in. all subawards and in contracts aver thesimplified acquisition threshold related to this award. REMAINDER ©l~ PAGE INTENTIONALLY LEFT13LANI I)EP Agreement No. MV 179, Attk1ifue"nt F.4 Page 4 of 4 ATTACHMENTI RE GULATIONS Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear in Title 43 of.the ;Code of Federal Regulations. lations. The fbIlowing.list contains regulations and Office of ManaEniontood.Budget Circulars which may a ply to the work performed under this Agj:eenicnt. General 43 CF, 17 Nondiscrimination in federally assisted programs of the DOI Grants and Other Federal Assistance 43 CRR, 12 Subpart,C - Uniform administrative requirements for grants and cooperative ;agreements to state:and local goveraffients 43 C.F.R. 12 Subpart F - Uniform administrative requirements for grarits and agreements with institutions of higher education,- hospitals acid other non profitSyjnizations 43 CY.R, 'I ' 8 Now restrictions on lobbying 43 CS.R. 43 Government wide requitements for drug4ree work 'lace Other Federal Regolations 2 CF,R, "I400 Suspension and Debarment 48 C,FJContract Cost Principles and Procedures Office of Management and. Budget Circulars A-21 (2 CFR 220) Cost Principles for Educational nal Institotions A-87 (2 CFR 225) Cost "rinciples for State, Vocal; and Indian Tribal Governments A421(2 CFR Cost Principles for Non -Profit Organizations ........... - ......... . ............ - .......... A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFTBLANK I)Efl Agreenient:NO, MV1 79, Attachment 1, Pago I of I