1399 FDEP Goldsboro Trail Proj No. T27031�n
PUBLIC WORKS DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
❑
Final Plat (original mylars)
❑
❑
Letter of Credit
❑
❑
Maintenance Bond
❑
Ordinance
❑
❑
Performance Bond
❑
Resolution
Once completed, please:
® Return original
❑ Return copy
Special Instructions:
Mayor's signature
Recording
Rendering
Safe keeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
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T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc
Florida Department of Go Scott
Governor
Environmental Protection Jennifer Carroll
Marjory Stoneman Douglas Building Lt. Governor
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000 Mimi A. Drew
Secretary
June 16, 2011
Mr. Robert Beall
Project Manager
Sanford, City of
Post Office Box 1788
Sanford, Florida 32772 -1778
Re: Goldsboro Trail
Recreational Trails Program Project No. T27031
Dear Mr. Beall:
Attached is the executed amendment which provides for the completion date of February 28th, 2012 for
this project. This is the date by which all grant related construction must be completed and all grant
related expenses paid. The completion documentation must be submitted to our office no later than 30
days after project completion. As soon as the documentation is received, we will arrange for a final
inspection.
Thank you for your attention to this matter.
Sincerely,
Alexandra H. Weiss, CPM
Greenways & Trails Coordinator
Recreational Trails Program
Office of Greenways & Trails
AHW/
Attachment
"Afore Protection, Less Process"
www.dep.state flats
V .
!.A
DEP AGREEMENT NO. T2731
AMENDMENT NO. 2
THE PROJECT AGREEMENT as entered into on the 28' day of February, 2008, and amended on the 12'
day of April, 2010, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
(hereinafter referred to as the "Department ") and the CITY OF SANFORD, FLORIDA (hereinafter referred to as the
"Grantee" or "Recipient ") is hereby amended.
WHEREAS, due to permitting delays, the Grantee has requested a twelve (12) month no cost time
extension to this Project Agreement; and,
WHEREAS, the Department has approved the Grantee's request for a no cost time extension;
WHEREAS, the Grantee has requested a project boundary change;
WHEREAS, the Department has approved the Grantee's request for a boundary change; and,
WHEREAS, other changes to this Project Agreement are necessary.
NOW, THEREFORE, the parties hereto agree as follows:
-- Paragraph 1. is hereby revised to change the completion date of this Project to February 28, 2012.
-- Paragraph 3.: the last two sentences are hereby deleted in their entirety and replaced with the following:
Attachment A, Grant Work Plan, attached hereto and made a part hereof, includes a description of the
Project, detailed budget, and anticipated deliverables. Any revisions to Attachment A must be formally
requested by the Grantee and if agreed upon by the Department, the modifications will be reduced to
writing in an amendment to this Project Agreement.
-- Paragraph 4.: the last sentence is hereby deleted and replaced with the following:
The Project may not commence until completion of the Project Development & Environmental Process, an
environmental determination is made by FHWA, the determination is accepted by the Department and
approved by FHWA, and the Department notifies the Grantee is writing that construction of the Project
may commence.
-- Paragraph 5.: the following language is hereby added after the last sentence:
Any revisions to the Project Elements must be formally requested by the Grantee and, if agreed upon by the
Department, the modifications will be reduced to writing in an amendment to this Project Agreement.
-- Paragraph 6.: the first sentence is hereby deleted and replaced with the following:
The Project Elements identified in Paragraph 5. above shall be designed and constructed substantially in
accordance with the conceptual site development plan contained in the approved Project Application and
Attachment A.
-- Paragraph 7. is hereby deleted in its entirety and replaced with the following:
The Grantee shall complete all Project construction no later than February 28, 2012.
DEP Agreement No. T2731, Amendment No. 2, Page 1 of 5
-- Paragraph 10. A. is hereby deleted in its entirety and replaced with the following:
A. As consideration for the services rendered by the Grantee under the terms of this Project
Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not
to exceed $165,862.43 toward the total project cost described in the approved Project application
and Attachment A. Program fund limits are based upon the following:
Total Grantee Amount $ 165,862.43 (paid by the Department)
Grantee Match Amount $ 165,862.44 (paid by the Grantee)
Total Project Cost $ 331,724.87
Type of Match Cash and/or In -Kind Services
It is understood that if the total Project cost exceeds the amounts shown above, it is the Grantee's
responsibility to providing the funds necessary to complete the project.
Prior written approval from the Department's Grant Manager shall be required for changes within
approved deliverable budget categories up to 10% of the total deliverable budget amount. The
Department's Grant Manager will transmit a copy of the written approval and revised budget to
the Department's Contracts Disbursements Office for inclusion in the Project Agreement file.
Changes greater than 10% will require a formal change order to this Project Agreement. Changes
that transfer funds from one deliverable to another or that increase or decrease the total funding
amount will require a formal amendment to this Project Agreement.
-- Paragraph 10. D. is hereby deleted in its entirety and replaced with the following:
D. The Grantee may submit Payments Requests upon completion of Project deliverables as identified
in Attachment A. Program funds shall be released by the Department, upon submittal of a
payment request from the Grantee's duly authorized Grant Manager and upon compliance with this
Project Agreement, as set forth herein. The Department will periodically request proof of a
transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Project
Agreement pursuant to state and federal guidelines (including cost allocation guidelines), as
appropriate. This information when requested must be provided within thirty (30) calendar days of
such request. The Grantee may also be required to submit a cost allocation plan to the Department
in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits).
All bills for amounts due under this Project Agreement shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof. State guidelines for allowable costs can be found in the
State of Florida Department of Financial Services' Reference Guide for State Expenditures at
hqp: / /www.fldfs.com/aadir /reference %SFguide 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 /nara /cfr /cfr- table - search.html and OMB Circulars A -87 (2 C.F.R., Part
225), A -122 (2 C.F.R., Part 230), A -21 (2 C.F.R., Part 220); and administrative requirements can
be found in OMB Circulars A -102 and A -110 (2 C.F.R., Part 215) at
http://www.whitehouse.jZov/omb/circulars/index.htnil#numerical
-- Paragraph 10. F. is hereby deleted in its entirety and replaced with the following:
F. The Department shall reimburse the Grantee up to ninety (90) percent of the total amount of
funding under this Project Agreement. Final payment of the remaining ten (10) percent will be
retained until the Project has been completed and approved by the Department. Upon completion
of the Project and prior to release of the final payment, the Grantee shall submit all documentation
described in the Recreational Trails Program Project Completion Documentation Form OGT -13,
included in the Program Completion Packet received by the Grantee. A final payment request
must be submitted to the Department no later than February 24, 2012, to assure the availability of
funds for payment. Each payment request submitted shall document all matching funds and/or
DEP Agreement No. T2731, Amendment No. 2, Page 2 of 5
match efforts (i.e. in -kind services) provided during the period covered by each request. The final
payment will not be processed until the match requirement has been met.
-- Paragraph 13. is hereby revised to add the following as subparagraph C.:
C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to
Single Audit Act Reporting, Attachment C, attached hereto and made a part hereof, within four
(4) months following the end of the Grantee's fiscal year. Attachment C shall be submitted to the
Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail
Station 93, Tallahassee, Florida 32399 -3000. The Grants Development and Review Manager is
available to answer any questions at (850) 245 -2361.
-- Paragraph 14. A. is hereby deleted in its entirety and replaced with the following:
A. If for any reason the Grantee should fail to fulfill in a timely manner the obligations under this
Project Agreement, or if the Grantee should violate any of the terms or conditions of this Project
Agreement, the Department shall thereafter have the right to terminate this Project Agreement
without prior notice. In the event the Department terminates this Project Agreement for these
reasons, the Department is not required to compensate the Grantee for any expenses incurred
before or after such termination.
-- Paragraph 14. is hereby revised to add the following as subparagraph D.:
D. The Department shall terminate this Project Agreement if the commencement documentation is
not received and approved by the Department within twelve (12) months of this Project
Agreement's execution. This time period may be extended by the Department for good cause, such
as natural disaster.
-- Paragraph 15.A: the following language is hereby added after the first sentence:
The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply
with the terms of this Project Agreement (for example, if payment under this Project Agreement is being
made on a cost reimbursement basis, then the subcontract shall also be cost reimbursement).
-- Paragraph 18. is hereby deleted in its entirety and replaced with the following:
18. In accordance with Executive Order 12549, Debarment and Suspension (49 CFR 29), the Grantee,
by execution of this Project Agreement, shall agree and certify that neither it, nor its principals, is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any federal department or agency; and, that the
Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a
person who is similarly debarred or suspended from participating in this covered transaction,
unless authorized in writing by Federal Highway Administration to the Department. The Grantee
shall include the language of this section in all subcontracts or lower tier agreements executed to
support the Grantee's work under this Project Agreement.
-- The following language is hereby added to the Project Agreement as Paragraph 39. through Paragraph 42.:
39. A. The Grantee agrees that it will enroll and participate in the federal E- Verify Program for
Employment Verification under the terms provided in the "Memorandum of
Understanding" governing the program. The Grantee further agrees to provide to the
Department, within thirty (30) days of the effective date of this amendment,
documentation of such enrollment in the form of a copy of the E -Verify "Edit Company
Profile" screen ", which contains proof of enrollment in the E -Verify Program (this page
can be accessed from the "Edit Company Profile" link on the left navigation menu of the
E- Verify employer's homepage).
DEP Agreement No. T2731, Amendment No. 2, Page 3 of 5
B. The Grantee further agrees that it will require each subcontractor that performs work
under this Project Agreement to enroll and participate in the E -Verify Program within
ninety days of the effective date of this amendment or within ninety (90) days of the
effective date of the contract between the Grantee and the subcontractor, whichever is
later. The Grantee shall obtain from the subcontractor(s) a copy of the "Edit Company
Profile" screen indicating enrollment in the E- Verify Program and make such record(s)
available to the Department upon request.
C. The Grantee further agrees to maintain records of its participation and compliance with
the provisions of the E -Verify program, including participation by its subcontractors as
provided above, and to make such records available to the Department or other
authorized state entity consistent with the terms of the Memorandum of Understanding.
D. Compliance with the terms of this Employment Eli ig bility Verification provision is made
an express condition of this Project Agreement and the Department may treat a failure to
comply as a material breach of this Project Agreement.
40. The Department may at any time, by written order designated to be a change order, make any
change in the Grant Manager information or task timelines within the current authorized Project
Agreement period. All change orders are subject to the mutual agreement of both parties as
evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or
time, shall require formal amendment to this Project Agreement.
41. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the
provisions contained in Attachment D, Contract Provisions, attached hereto and made a part
hereof. In addition, the Grantee acknowledges that the applicable regulations listed in
Attachment E, Regulations, attached hereto and made a part hereof, shall apply to this Project
Agreement.
42. If a court deems any provision of this Project Agreement void or unenforceable, that provision
shall be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable and all other provisions shall remain in full force and effect.
-- Attachment A, Grant Work Plan, attached hereto is hereby added to the Project Agreement.
-- Attachment A, Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment
B, Revised Special Audit Requirements, attached hereto and made a part of the Project Agreement. All
references in the Project Agreement to Attachment A shall hereinafter refer to Attachment B, Revised
Special Audit Requirements.
-- Attachment C, Certification of Applicability to Single Audit Act Reporting, attached hereto is hereby
added to the Project Agreement.
-- Attachment D, Contract Provisions, attached hereto is hereby added to the Project Agreement.
-- Attachment E, Regulations, attached hereto is hereby added to the Project Agreement.
In all other respects, the Project Agreement of which this is an Amendment, and attachments relative
thereto, shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. T2731, Amendment No. 2, Page 4 of 5
The parties hereto have caused these presents to be duly executed the day and yearAlast written below.
STATE OF FLORIDA DEPARTMENT
OF ENV RONMENTAL PROTECTION
IM
or designee, Office
vs and Trails
Date: S
M P - tirant Manager
Ap roved as to form and sufficiency:
DEP ProgranlAttomey
I�
I .
List of attachments /exhibits included as part of the Project Agreement:
Specify
Letter/
Type Number
Description
(include number of pages)
Attachment
A
Grant Work Plan (1 Page)
Attachment
B
Revised Special Audit Requirements (5 Pages)
Attachment
C
Certification of Applicability to Single Audit Act Reporting (2 Pages)
Attachment
D
Contract Provisions (3 Pages)
Attachment
E
Regulations (1 Page)
CITY OF
By: IE:::;
Type Name:
Title:
Date:
Address:
Post Office Box 1788
Sanford, Florida 32772 -1788
J+
Approved as to form and sufficiency:
DEP Agreement No. T2731, Amendment No. 2, Page 5 of 5
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ATTACHMENT B
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the 'Department ", 'DEP ", VDEP" or "Grantor ", or other name in the contract /agreement) to the recipient
(which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject
to audits and /or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB
Circular A -133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular AA 33,
as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular AA 33, as revised, the cost of the audit must
be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http:/ /12.46.245.173 /efda /cfda.htmi.
DEP 55 -215 (03/09)
DEP Agreement No.T2731, Attachment B, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal
program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor
General.
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 financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https: / /apps.fldfs.com /fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http: / /www.leg.state.fl.us /Welcome /index.cfin State of Florida's website at
http: / /www.niyflorida.coin / , Department of Financial Services' Website at http: / /wwxv.fldfs.com/ and the
Auditor General's Website at http: / /www.state.fl.us /audgen
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this Attachment shall be submitted, when 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 (03/09)
DEP Agreement No.T273 1, Attachment B, Page 2 of 5
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System and can be
found at http: / /harvester.census.iZov /fac/
C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f),
OMB Circular A -133, as revised.
2. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -2] 5 (03/09)
DEP Agreement No.T2731, Attachment B, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for - profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55 -215 (03/09)
DEP Agreement No.T2731, Attachment B, Page 4 of 5
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ATTACHMENT C
CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING
Grantee's Name: C IT OF S.4 - WFOIZ * y
Grantee Fiscal Year Period: FROM: 14/ TO I C' LIO
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
CERTIFICATION STATEMENT:
I hereby certify that the above information is correct.
Signature Date
Print'Name and Position Title
DEP Agreement No. T2731, Attachment C, Page I of 2
INSTRUCTIONS FOR COMPLETING THE ATTACHMENT
Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year
NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTHIYEAR) TO
(MONTH/YEAR).
Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE
EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP.
Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year:
NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE
EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP.
The Certification should be signed by your Chief Financial Officer.
Please print the name and include the title and date of the signature.
DEP Agreement No. T2731, Attachment C, Page 2 of 2
ATTACHMENT D
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with
Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department
of Labor."
2. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess
of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for
compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor
regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or
subrecipient shall be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) - When required by Federal program legislation, all
construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a
provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by
Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to
pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less
than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance
of the wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) - Where applicable, all contracts
awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts
that involve the employment of mechanics or laborers shall include a provision for compliance with Sections
102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333), as supplemented by
Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be
required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a
rate of not less than 1 `/z times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall
be required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
5. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.) - Contracts and 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
the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and Environmental Protection Agency regulations (40 CFR part 15).
6. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000
or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by
31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
recipient.
DEP Agreement No. T2731, Attachment D, Page 1 of 3
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the
General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the
names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible
under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small
purchase threshold shall provide the required certification regarding its exclusion status and that of its principal
employees.
9. Section 508 of the Federal Water 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 Control Act, as
amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h- 3(e)).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrimination on the basis of sex;
(b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination
on the basis of 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 nondiscrimination 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; (f) Sections 523 and 527 of the
Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 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
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other
nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other
nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 — 1508 and 7324 — 7328) that limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190)
and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of
wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O.
11988; (e) assurance of project consistency with the approved State management program developed under the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State
(Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of
1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act
of 1973, as amended (P.L. 93 -205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C.
470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and
Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
DEP Agreement No. T2731, Attachment D, Page 2 of 3
17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits
the use of lead -based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in
the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L.
94 -163, 89 Stat. 871).
21. Compliance with Limitation on Federal Participation (23 CFR 1.9) pertaining to the use of Federal -aid
funds
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. T2731, Attachment D, Page 3 of 3
ATTACHMENT E
1 7_x!10 rill Y [I]W
Formal regulations concerning administrative procedures for U.S. Department of Transportation (DOT)
grants appear in Title 49 of the Code of Federal Regulations. The following list contains regulations and
Office of Management and Budget Circulars which may apply to the work performed under this
Agreement.
Subchapter A - General
49 C.F.R. 24
Uniform relocation assistance and real property acquisition for federal and federally
assisted programs
49 C.F.R. 27
Nondiscrimination on the basis of disability in programs or activities receiving
Federal financial assistance.
49 C.F.R. 17
Intergovernmental review of DOT programs and activities
49 C.F.R. 19
Uniform administrative requirements for grants and agreements with institutions of
higher education, hospitals and other nonprofit organizations
49 C.F.R. 18
Uniform administrative requirements for grants and cooperative agreements to state
and local governments
49 C.F.R. 20
New restrictions on lobbyin
49 CFR 32
Drug-Free Workplace Act
Other Federal Regulations
48 C.F.R. 31
Contract Cost Principles and Procedures, or uniform cost accounting standards that
comply with cost principles acceptable to the federal agency
2 CFR 1532
Non procurement Suspension and Debarment Regulations
Office of Management and Budget Circulars
A -21 (2 CFR 220)
Cost Principles for Educational Institutions
A -87 (2 CFR 225 )
Cost Principles for State, Local, and Indian Tribal Governments
A -122 (2 CFR
230)
Cost Principles for Non - Profit Organizations
A -133 I
Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. T2731, Attachment E, Page 1 of 1