Agenda 01/15/2008 Item #16D11
Agenda Item No. 16011
January 15, 2008
Page 1 of 20
EXECUTIVE SUMMARY
Recommendation to approve a Florida Clean Vessel Act Grant Agreement
in the amount of $31,316.00 for development of a Vessel Pump Out Station
at Cocohatchee River Park and necessary Budget Amendments
Obiective: To provide the highest quality park facilities at the lowest possible cost by
utilizing available grants programs.
Considerations: On May 25th 2004 item 16d5. the Board of County Commissioners
approved applying for a Florida Clean Vessel Act Grant for development of a Vessel
Pump Out Station at Cocohatchee River Park. Collier County has been awarded a grant in
the amount of $31,316.00 for Cocohatchee River Park. The Florida Department of
Environmental Protection is the awarding agency. The County Attomey has reviewed the
agreement for legal sufficiency. Although the Department has a fully executed agreement
BCC approval was never obtained, thus this is an after the fact request for approval and
signature.
The pump out station will enable boaters to have their holding tanks pumped out at
Cocohatchee River Park.
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Stipulations of the grant contract include a 25% cash, and/or in-kind match and
completion of the project by Nov 10,2008.
Leaal Considerations: The County Attomey has reviewed and approved the contract
agreement.
Fiscal Impact: Total project cost for Cocohatchee River Park pump out station is
estimated to be $41,755. The grant will fund up to $3] ,316 and the match amount will be
$10,439. Staff will prepare budget amendments recognizing the grant revenue and the
matching amounts from 306 Reserves into project 36001.
Growth Manaaement Impact: Cocohatchee River Park is inventoried in the Growth
Management Plan.
Recommendation: That the Board of County Commissioners approves the Florida
Clean Vessel Act Grant agreemcnt for Cocohatchee River Park and any associated budget
amendments.
Prepared by: Ray Carter, Project Manager Parks and Recreation
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Page] of ]
Agenda Item No. 16011
January 15, 2008
Page 2 of 20
COLLIER COUNTY
~
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16011
Recommendation to approve a Florida Clean Vessel Act Grant Agreement in the amount of
$31.316.00 for development of a Vessel Pump Out Station at Cocohatchee River Park and
necessary Budget Amendments
Meeting Date:
1/15/20089.0000 AM
Approved By
Barry Williams
Director
Date
Public Services
Parks and Recreation
1/1/20082:23 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1/2120089:25 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
11212008 1 :21 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
113/20085:40 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
115/200B 3:02 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/7120085:12 PM
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file://C:\Agenda Test\ExportI98-J anuary%20 15,%202008116. %20CONSENT%20AGENDA 11... l/9/2008
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Agenda Ilem No. 16011
January 15. 2008
Page 3 of 20
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CLEAN VESSEL ACT GRANT PROGRAM
DEP Agreement No: LE637
For CV A 07-481
PROJECT AGREEMENT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENV1RONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000
(bereinafter referred to as tbe "Departmeut" or "DEP") and COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, wbose address is COCOHATCHEE RfVER PARK, 13531 Vanderbilt Drive, Naples, Florida 34110
(hereinafter referred to as "Grantee" or "Recipient"), a local government, to conduct a project approved under the Clean
Vessel Act Grant Program (CFDA 15.616).
and,
WHEREAS, the Deparonent is the recipient of federal rmancial assistance from the U.S. Fish and V\.rildlife Service;
\\THEREAS, as the result of this Agreement the Grantee has been determined to be ~ subrecipient of federal
fmancial assistance from the u.s. Fish and Wildlife Service.
NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the
Department and the Grantee do hereby agree as follows:
1. The Agreement shall be performed in accordance with Public Law 102-587, the Clean Vessel Act of 1992, and the
Federal Clean Vessel Act Granl Program Guidelines (50 CFR Parts 80 and 85) which are hereby incorporated by
reference as if fully set fonh herein.
2. The Grantee agrees to conduct the project mo\vn 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 exhihits
and attachments referenced herein and made a part hereof.
3. By executing this Agreement, the Department certifies that a site visit has been conducted to verify and document
that the project activities and location of the work described in Attachment A meet the categorical exclusion
criteria under the National Environmental Policy Act (NEP A) and that activities conducted as a result of this
Agreeraent willluve no impact on <lIlY 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 tbe Department's sourct" grant
agreement \Vith the U.S. Fish and \\lildlife Service.
4. The Grantee agrees to complete lhe project on or before :t-;ovember 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 mu..st 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 ov..nership, the
Grantee is required to notify the Department in '\\iTiling of such change no later than ten days after the change in
ov,'Ilership occurs, and the Grantee is required to notify the new o\\ner of this Agreement, the obligation to
continue maintenance and operations as well as reporting for the remaining life of this AbITeement prior to the
change. The "Bill of Sale" or other official document transferring ovmership shall include these grant
requirements. Any change in ownership will require an amendment to this A,b'Teement. Should the new O\Vl1er
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 (l2/05)
DEP Agreement No. LE637, Page 1 of 8
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Agenda liem No. 16011
January 15, 2008
Page 4 of 20
5.
A.
As consideration for the services rendered by the Grantee under the terms of this Ab'Teement, the
Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $31,316.00
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 PaymentIMatch Request Form and an
invoice. The request for payment shall include an invoice on the Grantee's letterhead, clearly marked as
mVOIce. 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 fmal 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 hills
for amounts due under this Ab'Teement 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 b..!rn.2\'\v\""ndfs.comaadir/rcfcrel1c~l>o5Ft!1IIde and
allowable costs for Federal Programs can be found under 48 CFR Part 31 at
hllD:,:\nnv.,!cces,s.!!!:1Cl.(!o""IlJra'cfr.'cf'r-13ble-scarcbJl!,m! and O~IB Circulars A-87, A-122, A-21, as
appropriate, at !lu~~~ hltc]JQ\!~,go"';On.1~~s')rculars:jT!~L(~htllllf:'m!ll1SIic,JI.
D. The Grantee shall obtain at least three \\Titten 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. \Vritten 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. TIle Department shall make no
reimbursement from h'Tant 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 panies hereto understand and agree that this Agreement requires a cost sharing or match in the fann
of cash or third party in-kind, on u1e pm1 of the Grantee. The match expended by the Grantee shall be at
lea."t 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 easts will he determined in accordance with the cost principles applicable to the organization
incurring the costs. For purposes of this Af:,lTeement, the follO\ving cost principles are incorporated by
reference.
Ort.!anizatioD Tyue ADnlicahle Cost PrinciDles
State. local or Indian tribal government. OMB Circular A-87
Private non~profit organization other than (1) an OMB Circular A-I22
institution of higher education, (2) hospital, or (3)
organization named in OMB Circular A-122 as not
subject to tllat circular.
Education Institutions OMB Circular A-21
For.profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles and
organization narned in OMB A-12::! as not subject Procedures, or w1iform cost accounting standards
to that circular. that comply with cost principles acceptable to the
federal agency.
DEP 55-240 (12/05)
DEP Agreement No. LE637, Page 2 or 8
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."'genea Item No. 16011
January 15, 2008
Page 5 of 20
6. The State of Floridats 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 pumpoul information to be submitted to the Departmenl on a quarterly basis
on a form provided by the Department. This form can be accessed online at
http://www.dep.stale.!lusllaw/Grants/CVNpumpouts.htrn. Quarterly fonTIS 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 y.Tongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign imrmmity or
the pro\"lsions of Section 768.28, Florida Statutes.
9.
A.
The Department may terminate this Agreement at any time in the event of the failure of the Grantee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an
opportunity to consult v.rith the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreemeot for convenience by providing the Grantee with thirty (30)
calendar days written notice.
C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written
amendment of this Agreement. The amendment shall establish the effective date of the termination and
the procedures for proper closeout of the Agreement.
D. This Agreement may be unitaterally 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 .A.rtic1e I of the State
Constitution and Section] 19.07(1), Florida Statutes.
10. If the Grantee materially fails to comply v.."ith the terms and conditions of tlus Agreement, including any Federal or
State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the
follO\.ving actions, as appropriate for the circumstances.
A. Temporarily v.ithhold 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. \Vithhold further awards for the project or prob"Tam.
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 tennination. Other Grantee costs during suspension or after tennination which are
necessary and not reasonably avoidable are allowable if the following apply.
OEP 55-240 (12(05)
DEP Agreement No. LE637, Page 3 or8
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12.
13,
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flgenda Item No. 16011
January 15, 2008
Page 6 of 20
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1. The costs result from obligations which were properly incurred by the recipient before the
effective date of suspension or termination, are not in anticipation of it, and in the case of
termination. are noncancellable.
2. The cost would be allowable if the Agreement were not suspended or expired normally at the end
of the funding period in which the termination lakes place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
A.
The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. The
Department, the State, the U.S. Fish and Wildlife Service, or their authorized representatives shall have
access to such records for audit purposes during the term of this Agreement and for five years follo\\i.ng
Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly
require each subgrantee and subcontractor to maintain and allow access to such records for audit
purposes.
B. The Grantee agrees that if any litigation,' claim, or audit is started before the expiration of the record
retentiorrperiod 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 fmat disposition.
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 \\1th the requirements of Attachment C. A
revised eopy 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 850:245-236t to rcquesl a copy of
the updaled infonnalton.
B. The Grantee is hereby advised that the Federal andlor 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 fmanciaI assistance, the Grantee shall utilize the guidance provided under
OMB Circular A-133, Subpart B, Section ~.21O for determining whether the relationship represents
that of a subreclpient or vcndor. For state fmancial assistance, the Grantee shall utilize the form entitled
"Checklist for Nonstate Organizations RecipienUSubrecipient vs Vendor Determination" ([orm number
DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
hIrr-~ :_"aR;2.~ JJd fs .Ci!Lll:J1~~
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.
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 liahle 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.
DEP 55-240 (12/05)
DEP Agreement No. LE637, Page 4 of 8
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,l\genda item No. 16011
January 15, 2008
Page 7 0120
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 lisl of
Minority Owned fums that could be offered subcontracting opportunities maybe obtained by contacting
the Office of Supplier Diversity al (850) 487-09]5.
c. nus Agreement is neither intended oor shall it be construed to grant any rights, privileges, or interest in
any third party without the mutual \\Titten agreement of the parties hereto.
D. l11is Agreement is an exclusive grant and may not be assigned in whole without the \\-TItten approval of
the Department.
14. The Grantee certifies that no Federal appropriated funds bave 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 \\lth tbe
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 ab'Tt::ement.
15. The Grantee shall comply 'with all applicable federal, state and local..rules and regulations in perfonning 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.
1 Brenda Leonard
i Florida Denartment of Environmental Protection
I Division of Law Enforcement. MS665
I 3900 Conunonweallh Boulevard
i Tallabassee. Florida 32'99-3000
I Teleohone No.: I 850-245-2847
I Fax No.: ! 850-245-2859
I E-mail Address: I Brenda.Leonard{Q)den.state.f1. us
17. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement
is identified below. The Department must be notified in \\Tiring of any change in this information within ten days.
I Rav Caner
Collier County Board of County Commissioners
Cocohatchee River Park
13531 Vanderbilt Drive
I Naoles. Florida 34] 10
I Telephone No.: i 239-566-2611
I Fax No.: 1239-591-1477
18. Tbe 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 performanc.e of services required.
DEP 55-240 (12/05)
DEP Agreement 1....0. LE637, Page 5 of 8
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Agenda Item No. 16011
January 15, 2008
Page 8 of 20
20. Upon satisfactory completion of this Agreement, the Grantee may rctain o\\'ncrship of the equipment purchased
under this Agreement. However, the Grantee shall complete and sign a Property Reporting Fonn, provided as
Attachment D, and fonvard it along with the appropriate invoice to the Department's Grant Manager. The
following terms shall apply:
A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as
long as the required work is being performed.
B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
equipment in good operating condition.
C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the
use of, non-expendable personal property or equipment purchased with grant funds and held in his
possession for use in a contractual arrangement with the Department.
21.
A.
The Department may at any time, by \\Titten order designated to be a change order, make any change in
the work within the general scope of this Agreement (e.g., specifications, task time lines within current
authorized Ab"Teement period, method or manner of performance, requirements, etc.). All change orders
are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an
increase or decrea..<;e in the Grantee's cost or time, or a change in ownership shall require fannal
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 Ihe
same terms and conditions and the availability of funding. Request for extension of time in which to
complele this project shall be in "Tiling and shall be requested at least sixty (60) days prior to the
complelion 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 otherurise subjected to discrimination in
performance of this Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract v.ith a public
entity for the construction or repair of a publ1c building or public work, may not submit bids on leases of
real property to a public entity. may not award or perfonn 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 debannent, declared ineligible, or
voluntarily excluded from panicipation in this transaction by any Federal Department or agency; and, that the
Grantee shall not knov.ingly 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, urness auulOrizcd in v.Titing by the
U.S. Fish and Wildlife Service to the Department. \Vhere the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective participant shall attach an explanation to this
Agreement.
24. The U.S. Fish and \Vildlife Service and the Department, reserve a royalty~free, nonexclusive, and irrevocable
license to reproduce. publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant.
DRP 55-240 (12/05)
DEP Agreement No. LE637, Page 6 uf 8
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4genda Item No 16011
January 15, 2008
Page 9 of 20
B, Any rights of copyright 10 which a Grantee, subgrantee or a contractor purchases oWIlership wilh grant
support.
25, Land acquisition is not authorized under the terms of this AgreernenL
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 lhey 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.
REMAII'iDER OF THIS PAGE INTENTIONALLY LEFT BLANK
DEP 55.240 (12/05)
DEP Agreement .~'o. LE637, Page 7 of 8
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AGenda Item No. 16011
- January 15, 2008
Page 10 of 20
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IN WITNESS WHEREOF. the parties have caused this Agreement to be duly executed, the day and year last
wTitten below.
COLLIER COUNTY BOARD OF COUN'TY
COMMJSSIONERS
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:_
Signature of Person Authorized to Sign
By:
.' .
..' .... .....
Director, Division of Law Enfo~ee~t',.: ',': .', .',
or designee "'~""""T:-
.' .
. .
':;'\'.:.:..;":;:'?':'\~":;'"
=U>>
...-
:~
Date:
Print Name and Title of Authorized Person
~~ Lo~
Brenda Leonard. DEP Grant Manager
, r- \
A& .
-1 .
, - U..f'-U.. ::J:.-~">---'
DEP Contracts Administrator
Date:
FEID No. 59-6000558
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Approved as to fonn and legality:
\\ft.,t\"'"' b v~
DEP Attorney
*For Agreements with governmental boards/commissions: If someone other than the Chairnlall 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 attachmenls!exhibits included as part of this Agreement
Specify
Type
Letter!
Number
Description (indude number of pages)
Attachment
Attachment
Attachment
Attachment
..A.-
.JL
.s;,..,
..lL..
Scope of Work and Conditions (3 Pa~es)
Grant Pavment'Match Request Form (1 Pa.e)
Special Audit Requirements (5 Paees)
Prooerty Reoortinl! Form (J Pal!e)
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DEP 55-240 (12/05)
DEP Agreement No. LE637, Page 8 of 8
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ATTACHMENT A
Clean Vessel Act Grant Program
Scope of Work
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Agenda Ilem No. 16011
January 15. 2008
Page 11 of 20
PURPOSE
The purpose of the grant is to establish or restore pumpout facilities that are operational and accessible
to the general boating public for the useful life of the facilities. The purpose of these conditions is to
ensure compliance with 50 CFR Part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the
Agreement period, including the five (5) year period extending beyond the date of equipment installation
or construction completion. These conditions cover pumpout facilities and equipment purchased with
Clean Vessel Act Grant funds.
This is a cost reimbursement Agreement with matching requirement based on the amount actually paid
by the Department to the Grantee. The Department agrees to pay the Grantee, on a cost reimbursement
basis, a grant award in an amount not to exceed $31,316.00 and the Grantee agrees to undertake the
project as described and submitted by the Grantee in the Grant Application, CVA 07-481, and provide a
minimum 25% non-federal matching funds. The project is located at Cocohatchee River Park. 13531
Vanderbilt Drive, Naples. Florida 34110.
CONDITIONS
Reimbursement for Project Installation
1. The Grantee shall obtain all required permits and approvals prior to commencement of the
project. A grant award is not an indication of permitability of a project. A Permit Certification
Form, supplied by the Department, shall be sent to and be on file with the Department before
invoices will be processed for payment.
2. Match documentation shall be provided in accordance with instructions and on forms available
from the Department. Any credit for the match by the Grantee shall be based on forms
completed and documented to the satisfaction of the Department.
3. Grantee invoices will be processed by the Department in an expeditious manner upon
presentation of all required documents as outlined in Paragraphs 5.B. through 5.E. of this
Agreement. The Department shall have fifteen (15) days to review and approve all invoices and
reports. Upon review and approval of each invoice and report, the Department will process the
invoice for payment.
4. The final invoice shall be accompanied by a completed and signed project completion form to be
provided by the Department, an operational plan as described in Condition 1 of the Operations
section of this Attachment, a description of the operational log required under Condition 8 of the
Operations section of this Attachment, and photographs of the completed project.
Operations
1. The pumpout faCility or dump stalions will conduct its operations under an operational plan of the
Grantee that specifies hours of operation, maintenance principles, methods in determining
volume of material pumped including the use of flow meters as may be necessary,
information/educational materials on pumpout operation and assurances that the pumpout facility
or dump station will be used solely for the collection of boat sewage. This plan will be submitted
with the certification of project construction completion.
2. Each pumpout facility or dump station funded under this project shall be open and available to
the recreational boating public. Each pumpout facility or dump station shall be operated,
DEP 55-240 (12/05)
DEP Agreement No. LE637, Attachment A, Page 1 00
_ __ Aaenda Ilem No. 16D11
~ January 15, 2008
maintained, and continue 0 be reasonably accessible to all r eational vesselSamr1thef fl(ljl
five year period as described and set forth in Paragraph 4 of this Agreement.
3. The Grantee will provide marine sanitation and pumpout information for boat owners and
training for pumpout operators. These services may be provided through such methods as
information materials, on site instruction or audio-visual methods by the marina owner/operator,
equipment vendors, harbormaster or local government personnel.
4. The location of each pumpout facility or dump station will be continually identified through
informational markers using the international pumpout logo on a sign of at least three feet by four
feet in size. All informational markers located on the waters of the state shall be with prior
approval of the Department as required by permitting procedures established by Florida Statutes
and the Florida Administrative Code.
5. Informational placards stating fees, hours of operations, instructions, and operator name and
telephone number shall be posted in a clearly visibie location on the station housing. The
placard shall have posted emergency phone numbers for reporting service problems and shall
include the following statement
Funded in part by the U. S. Fish and Wildlife Service, Clean Vessel Act through the Florida
Department of Environmental Protection. Division of Law Enforcement.
6. Pumpout facilities will be designed and operated in accordance with state and local health
regulations.
7. Pumpout or dump station services will be provided free of charge or for a fee not to exceed $5
per vessel. Fees greater than $5 require prior written approval by the Department of an itemized
operational cost justification. Fee accounting will be provided with the annual log described
below. If fees are collected, such proceeds shall be retained, accounted for, and used by the
operator exclusively to defray operation and maintenance costs of the pumpout equipment and
associated materials.
8. The pumpout operator shall maintain an operational log to be submitted to the Department
the first day of each calendar quarter beginning with the quarter during which compietion of
construction or installation of equipment occurred. The log shall document use of the
equipment by number of pumpout services events, gallons pumped, fees charged, and
maintenance, labor, or other operational costs incurred. Volume of sewage handled must be
determined as described in the approved operational plan. Costs may be estimated unless
greater than $5 fees are charged. Collections of higher fees require detailed accounting of
operational costs through a method included in and approved with the operational plan.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
DEP 55-240 (12/05)
DEP Agreement No. LE637, Attachment A, Page 2 00
.
.
Agenda Item No. 16D11
January 15, 2008
Page 13 of 20
DELlVERABLES
The following is a schedule of deliverables and related amounts. The specific grant award amounts for
each of the deliverables associated with the pumpout project listed in the schedule below may vary;
however, the maximum grant award amount is as stated on page 1 of this Attachment. The grant award
amount to be provided by the Department is based on the amount recommended and approved by the
Department for this specific project. The dollars expended or in-kind effort by the Grantee shall be at
least 25% of the total amount actually expended on the project.
'.
Order of Deliverables and Amounts
Deliverables Detail Project I Grant Amount
Amount
Permitting State and local permits required for $500.00 $375.00
installation of equinment.
Construction Labor and materials required to $0.00 $0.00
orepare site for eauipment.
Renovation Labor and materials necessary to $0.00 $0.00
restore pumDout eauioment.
Equipment Purchase Pumpout or waste receptacle $13,345.00 $10,008.50
equipment and associated piping to
be installed.
Equipment Installation I Plumbing supplies, delivery and I $23,210.00 I $17,407.50
iabor.
Operations and Maintenance I Necessary repair of equipment $3,700.00 I $2,775.00
includinq parts and labor.
I Information signs and Advertisements, handouts, pumpout $1,000.00 I $750.00
I brochures logo, channel marker, and
operational sianaoe. I
Education and instructional Brochures or handout information $0.00 I $0.00
materials about the Clean Vessel Act and the I
equioment avaiiable for pubiic use.
I Sewaoe Haulino Sewaqe Haulino I
Total Proiect Amount $41,755.00 I
,
Total Grant Award Amount $31,316.00
I Total Match Amount $10,439.00 I
I I I
DEP 55-240 (12/05)
DEP Agreement No. LE637. Attachment A. Page 3 of3
.
.
Agenda Item No. 16011
January 15, 2008
Page 14 of 20
ATTACHMENT B
GRANT P A YMENTIMA TCH REQUEST
Jllier County Board of County Commissioners LE637
(project Agreement No.)
Grant Number: F0921
CV A 07-481
(Application No.)
-
(GRANTEE)
DEP Division: Law Enforcement
DEP Program: Clean Vessel Program
Billing Date:
Payment Requested?
Billing No.:
Match Credit Requested? Ves_ No_
If Department payment is being requested, an invoice on your letterhead must accompany this form.
DEPARTMENT
(75%) Payment
GRANTEE
(25%) Match
$
Permitting
$
Construction
Renovation
Equipment Purchase
- uipment Installation
Operations and Maintenance
Information (signs, brochures)
Education and Instruction
TOTAL
$
$
Certification and Attestation: I certify that documentation has been and will be maintained as required by the
Agreement to support the amounts reported above and is available for audit upon request. I attest that all expenditures
prior to this request have been made and are true and accurate and are only for the purposes as described in the Clean
Vessel Act Grant Project LE637. I further attest, under the penalties ofpetjury, that (name of the marina or entity)
has complied with the provisions of the grant.
NOTARY PUBLIC: Subscribed and sworn
Before me at
This_day of
Grantee's Proj ect M anager/ Attestor
(Title)
Date
(Seal)
DEP 55-240 (12/05)
DEP Agreement No. LE637, Attachment B, Page] of]
.
.
Agenda Item No. 16011
January 15, 2008
Page 15 of 20
ATTACHMENT C
SPECIAL AUDIT REQillREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DE?", "FDEP" or "Grantor 'I, or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits andlor monitoring by the Department of Environmental Protection, as described in this attaclunent.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection detennines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply 'With any additional instructions provided by the Department to the recipient regarding
slich audit. The recipient further agrees to comply and cooperate \Vith any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local goverrunent or a non-profit organization as defined in o:rvfB
Circular A-I33, as revised.
1. tn the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular
A-133, as revised. EXHlBlT I to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Ab'Teement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The detennination of amounts of Federal awards expended
should be in accordance WIth the guidelines established by OMB Circular A-133, as revised, An audit of
the recipient conducted by the Auditor General in accordance with the provisions orOMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requrrements addressed in Part I, paragraph 1. the recipient shall fulfill the
requirements relative to auditce responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal a\\'ards in its fiscal year, an audit conducted in
accordance with the provisions of 01'v1B Circular A-133, as revised., is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, tbe cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid fTom recipient resources
obtamed from other than Federal entIties).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at hUo://12A6.245.173/dda/cfda.html.
DEP 55-215 (04/06)
DEP Agreement No, LE637, Attachment C, Page 1 of5
.
.
Agenda Item No. 16011
January 15. 2008
Page 16 of 20
PART il: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that tbe recipient expends a total amount of State financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial
assistance awarded through the Department of Envrromnental Protection by this Agreement. In determining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
financial assistance, including State financial assistance received from the Department of Environmental
Protection, otber state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit tequirements addressed in Part n, paragraph 1; the recipient shall ensure that
the audit complies with-the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defIned by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or ] 0.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in State [mandaI assistance in its fiscal year, and elects to have an
audit conducted in accordance \\lith the provisions of Section 215.97, Florida Stattltes, the cost of the audit
must be paid from the non-State entity's re50urces (i.e., the cost of such an audit must be paid from the
recipient's resources obtained fTom other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at httDs::ianl1:-.tldfs.cof1vTs;Ja/ or the Governor's Office
of Policy and Budget \vebsite located at h!!12~.C:~\::::::~:~.hudf..'et,st3tt'.n.llS: for assistance. In addition to the
above websites, the following websitcs may be accessed for information: Legislature's Website
htto:/.\\"\\'w.leg.Ji.l:.ne. n.ll S:\\~t: J COf11t>i ndt'x.c I'm, Governor's Website httP;,'/\1,'\\'\'-'.nlvtlorida.com/,
Department of Financial Services' \Vcbsite b1!::Il:,'\\-'\\'w..Q1fs,cQ!]:k__and the Auditor General's Vlebsjte
hI 1(1 :/.www.stale.n_llS.aUtl(.!t._ll.PaL.C.S..f1 ~.?iLh!-m.
PART III: OTHER AUDIT REQillREMEKTS
(NOTE: This part would be used (0 specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal ur State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance V1Jith Section 215.97, Florida Statutes. Tn such an event, the State awarding agency must
arrange for funding the full cost of such additiunal audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with O:rvm Circular A-133, as reVIsed, and
required by PART I of this Attachment shall he submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55.215 (04/06)
DEP Agreement No. LE637, Attachment C, Page 2 of 5
.
.
Aaenda Item No. 16D11
~ January 15, 2008
Page 17 of 20
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399.2400
B. The Federal Audit Clearinghouse designated in 01v1B Circular A-133, as revised (the number of
copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities 'in accordance with Sections .320 (e) and (I),
OMB CircularA.-133, as revised.
2. Pursuant to Section .320(1), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-I33, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies offmancial reponing packages required by PART Il of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. Tht: Deparlment of Environmental Protection at the following address:
Audit Director
Florida Department of Envrronmental Protection
Office of the Inspector General. .\1S 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the follov.-"ing address:
State ofl'lorida Auditor General
Room 401, Claude Pepper Building
111 West l\1adison Street
Tallahassee, Florida 32399-1450
REMAJ;\IDER OF PAGE INTE:-ITIONALL Y LEFT BLANK
DEP 55-215 (04/06)
DEP Agreement No. LE637, Attachmenl C, Page 3 of 5
.
.
Agenda Item No. 16D11
January 15, 2008
Page 18 of 20
4. Copies of reports or management lellers required by PART III ofthis Attachment shall be submitted by or
on behalf of the recipient direc11v 10 the Department of Environmental Prolection al the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Slone Road
Tallahassee, Florida 32399-2400
5. AJJy 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 01\1B
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-l33, or Chaplers 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
_ package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating it,; compliance with the terms of this Agreement for a
period of 5 years from the dale the audit report is issued, and shall allow tbe Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to tbe Depamnent of Environmental Protectio~
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the dale the
audit report is issued., unless extended in Vlriting by the Department of Environmental Protection.
REMATh.'DER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (04/06)
DEP Agreement No. LE637, Allachmenl C, Page 4 of 5
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