HomeMy WebLinkAbout2004-015 ORIGINAL DEP Contract No . RMO26
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CONTRACT
This Contract is made and entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ,
whose address is 3800 Commonwealth Boulevard , Tallahassee , Florida 32399-3000 ( hereinafter referred to as the
" Department"), and INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, a governmental entity, whose address
is 1840 25th Street, Vero Beach , Florida 329600 , ( hereinafter referred to as the "Contractor") .
WHEREAS , the Department has received grant funds from the U .S . Department of Interior, Fish and Wildlife Service
( USFWS), CFDA No. 15 . 611, for the South Central Indian River Lagoon Restoration - Phase I - Pelican Island Ecosystem
Buffer; and ,
WHEREAS, the Contractor possesses the skills, knowledge and other resources necessary to perform these
services ; and ,
WHEREAS, the DEP has determined that the relationship between the Contractor and the Department is that of a vendor.
NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom , the Department and Contractor
do hereby agree as follows :
1 . Duties of the Department and the Contractor shall be as follows :
A. The Contractor shall perform Phase I of the South Central Indian River Lagoon -
Pelican Island
Restoration as defined herein and the Contractor does hereby agree to perform such services upon the
terms and conditions set forth in this Contract, Attachment A. Scope of Services, and all attachments
and exhibits named herein which are attached hereto and incorporated by reference.
B . The Department shall be responsible for the oversight, review and approval of all services performed
under this Contract. Upon the performance of satisfactory services by the Contractor the Department
shall reimburse the Contractor for approved charges .
C. The Department shall be responsible for processing satisfactory invoices for payment.
2 . The Contractor shall perform the services in a proper and satisfactory manner as determined
by the
Department. Any and all such equipment, products or materials necessary to perform these services, or
requirements as further stated herein , shall be supplied by the Contractor.
3 . The Contractor shall perform as an independent contractor and not as an agent, representative , or employee
of the Department.
4 . For satisfactory performance , the Department shall compensate the Contractor on a cost reimbursement
basis up to a maximum of $ 1, 000 , 000 for the services outlined in Attachment A.
5 . The State Chief Financial Officer requires detailed supporting documentation of all costs under
a cost
reimbursement agreement. In accordance with the Contract Payment Requirements (attached hereto and
made a part hereof as Attachment B), the Contractor shall comply with the minimum requirements set forth
therein . Invoices shall be accompanied by supporting documentation and other requirements as follows:
a . Salaries/Wages - The Contractor shall not be reimbursed for direct salaries or multipliers ( i .e. ,
fringe
benefits, overhead , and/or general and administrative rates) for Contractor's employees.
b . Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from the
Contractor. Subcontracts which involve payments for direct salaries shall clearly identify the personnel
involved , salary rate per hour, and hours/time spent on the project. All multipliers used ( i . e . fringe
DEP Contract No. RM026 , Page 1 of 6
benefits , overhead , and/or general and administrative rates) shall be supported by audit. If
the
Department determines that multipliers charged by any subcontractor exceeded the rates supported by
audit, the Contractor shall be required to reimburse such funds to the Department within thirty (30) days
of written notification . Interest on the excessive charges shall be calculated based on the prevailing rate
used by the State Board of Administration . Invoices for reimbursement of fixed price subcontracts
approved by the Department shall be documented by copies of the paid invoices .
c. Travel - Travel expenses are not authorized under the terms of this Contract.
d . Equipment - (Capital outlay over $ 1, 000 in value) - The purchase of non-expendable equipment or
personal property costing $ 1 , 000 or more is not authorized under the terms of this Contract.
e. Other Expenses - e.g. , Materials, supplies , phone, reproduction , mailing, must be documented
by
itemizing and including copies of receipts or invoices.
6 . The Contractor shall submit invoices upon the completion of each task listed in Attachment A in conjunction
with supporting documentation as required herein . Each invoice must be in detail sufficient for a proper
pre-audit and post-audit thereof. A final invoice must be submitted no later than thirty (30) days after the
completion date of this Contract to assure the availability of funding for final payment.
7 This Contract shall begin upon execution by both parties and remain in effect until June 15 , 2005, inclusive.
In
accordance with Section 287 .058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for
services rendered prior to the execution date of this Contract. This Contract may not be renewed .
It is understood and agreed that this Contract is funded with a federal grant which expires June 30, 2004. It is also
understood and agreed that the Department anticipates an extension of this grant to allow for completion of this
Contract. The Department shall notify the Contractor, in writing, of the Department's receipt of a grant extension. If
the Contractor does not received written notice from the Department that the grant has been extended , the
Contractor shall stop all work under this Contract on July 1, 2004, The Contractor shall not perform any services
under this Contract after June 30, 2004 until such time as a written notice of extension of the grant has been
received from the Department.
8 The State of Florida 's performance and obligation to pay under this Contract is contingent upon an annual
appropriation by the Legislature .
9 . Pursuant to Section 215 . 422 , Florida Statutes, the Department's Contract Manager shall have five ( 5 )
working days , unless otherwise specified herein , to inspect and approve the services for payment; the
Department must submit a request for payment to the Florida Department of Financial Services within
twenty (20 ) days ; and the Department of Financial Services is given ten ( 10) days to issue a warrant. Days
are calculated from the latter date the invoice is received or services received , inspected , and approved .
Invoice payment requirements do not start until a proper and correct invoice has been received . Invoices
which have to be returned to a contractor for correction (s) will result in a delay in the payment. A Vendor
Ombudsman has been established within the Florida Department of Financial Services who may be
contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida
agency. The Vendor Ombudsman may be contacted at 850/410-9724 or 1-800-848-3792 .
10 . In accordance with Section 215 . 422 , Florida Statutes, the Department shall pay the Contractor, interest at a
rate as established by Section 55 . 03 ( 1) , Florida Statutes on the unpaid balance , if a warrant in payment of
an invoice is not issued within forty ( 40) days after receipt of a correct invoice and receipt, inspection , and
approval of the goods and services . Interest payments of less than $ 1 will not be enforced unless
a
contractor requests payment. The interest rate established pursuant to Section 55 . 03 ( 1) , Florida Statutes
may be obtained by calling the Department of Financial Services , Vendor Ombudsman at the telephone
number provided above or the Department's Procurement Section at 850/245-2361 .
11 . Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees
and agents . However, nothing contained herein shall constitute a waiver by either party of its sovereign
immunity or the provisions of Section 768 . 28 , Florida Statutes ,
DEP Contract No, RM026, Page 2 of 6
12 . The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill
any of its obligations under this Contract. Prior to termination , the Department shall provide thirty (30)
calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to
consult with the Department regarding the reason (s) for termination .
The Department may terminate this Contract without cause and for its convenience by giving thirty (30)
calendar days written notice to the Contractor.
Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph 13 .
13 . Any and all notices shall be delivered to the parties at the following addresses :
Contractor Department
C Roland Deblois Steve Williams
Indian River County Board of County Commissioners East Coast Florida Aquatic Preservices
1840 25th Street Florida Department of Environmental Protection
Vero Beach , Florida 32960 1000 Buffer Preserve Drive
Fellsmere , Florida 32948
14 , This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public
access to all documents, papers , letters , or other material made or received by the Contractor in conjunction
with this Contract, unless the records are exempt from Section 24(a ) of Article I of the State constitution and
Section 119 . 07 ( 1) , Florida Statutes .
15. The Department's Contract Manager is Steve Williams, Phone 772-581-2743. The Contractor's Contract Manager
is Roland Deblois 772-567-8000 ext. 1258. All matters shall be directed to the Contract Managers for appropriate
action or disposition .
16 . The Department may at any time, by written order designated to be a change order, make any change in the
work within the general scope of this Contract (e.g. , specifications, time, 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 order which causes an increase or decrease in the Contractor's cost or time shall require
an appropriate adjustment and modification (formal amendment) to this Contract.
17 , The Contractor warrants that it has not employed or retained any company or person , other than a bona fide
employee working solely for the Contractor to solicit or secure this Contract and that it has not
paid or
agreed to pay any person , company, corporation , individual , or firm , other than a bona fide employee working
solely for the Contractor any fee , commission , percentage, gift or other consideration contingent upon or
resulting from the award or making of this Contract.
18 . The Contractor covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required .
19 . This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida . Wherever possible , each provision of this Contract shall be interpreted in such manner as to be
effective and valid under applicable law , but if any provision of this Contract shall be prohibited or invalid
under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity,
without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action
hereon or in connection herewith shall be brought in Leon County, Florida .
20 . The Contractor shall maintain books, records and documents directly pertinent to performance under this
Contract in accordance with generally accepted accounting principles consistently applied . The Department,
the State , or their authorized representatives shall have access to such records for audit purposes during
the term of this Contract and for five ( 5 ) years following Contract completion . In the event any work
is
subcontracted , the Contractor shall similarly require each subcontractor to maintain and allow access to
such records for audit purposes .
DEP Contract No. RM026 , Page 3 of 6
21. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either
party under this Contract, shall impair any such right, power or remedy of either parry; nor shall such delay or failure
be construed as a waiver of any such breach or default, or any similar breach or default thereafter.
22 . The Contractor recognizes that the State of Florida , by virtue of its sovereignty, is not required to
pay any
taxes on the services or goods purchased under the terms of this Contract.
23 . This Contract is neither intended nor shall it be construed to grant any rights , privileges or interest
in any
third party without the mutual written agreement of the parties hereto .
24 . A. No person , on the grounds of race, creed , color, national origin , age , sex, or
disability, shall be
excluded from participation in ; be denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this Contract.
B . An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not transact business with
any public entity. The Florida Department of Management Services is responsible for maintaining the
discriminatory vendor list and intends to post the list on its website. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services, Office
of Supplier Diversity at 850/487-0915 .
25 , This Contract is an exclusive contract for services and may not be assigned in whole or in part without
the
written approval of the Department.
26. A. The Contractor shall not subcontract, assign , or transfer any work under this Contract without the prior
written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the Department and agrees to
be responsible for the payment of all monies due under any subcontract. It is understood and agreed by
the Contractor that neither the Department shall be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor
for all expenses and liabilities incurred under the subcontract.
B. The Department of Environmental Protection support diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Contract embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida . The
Department will be glad to furnish a list of minority owned businesses for consideration in
subcontracting opportunities.
27 . To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during
the life of this Contract, Workers' Compensation Insurance for all of his employees connected with the work
of this project and , in case any work is subcontracted , the Contractor shall require the subcontractor
similarly to provide Workers' Compensation Insurance for all of the latter's employees unless
such
employees are covered by the protection afforded by the Contractor. Such self-insurance program or
insurance coverage shall comply fully with the Florida Workers' Compensation law . In case any class of
employees engaged in hazardous work under this Contract is not protected under the Workers'
Compensation statute , the Contractor shall provide , and cause each subcontractor to provide , adequate
insurance satisfactory to the Department, for the protection of his employees not otherwise protected .
28. The Contractor 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 Contractor's
officers,
employees , servants and agents while acting within the scope of their employment with the Contractor.
DEP Contract No. RM026, Page 4 of 6
29 . The purchase of non-expendable equipment costing $ 1 ,000 or more is not authorized under the terms of this
Contract.
30. The Contractor shall comply with all applicable federal , state and local rules and regulations in providing services to
the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with
all applicable federal , state and local health and safety rules and regulations. The Contractor further agrees to
include this provision in all subcontracts issued as a result of this Contract.
31 . A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287 . 017 , F.S . , for Category Two, for a period of 36 months from the date of being placed on
the
convicted vendor list.
32 . A. In accordance with Executive Order 12549 , Debarment and Suspension (43 CFR 12), the Contractor
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 Contractor 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 to the Department.
B. Upon execution of this Contract by the Contractor, the Contractor shall complete, sign and return a copy of
the form entitled "Certification Regarding Debarments, Suspension , Ineligibility and Voluntary Exclusion -
Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment C.
C . As required by paragraphs A and B above, the Contractor shall include the language of this section ,
and Attachment C in all subcontracts or lower tier agreements executed to support the Contractor's
work under this Contract.
33 . The Contractor certifies that no Federal appropriated funds have been paid or will be paid , on
or after
December 22 , 1989 , by or on behalf of the Contractor, to any person for influencing or attempting
to
influence an officer or employee of an agency, a Member of Congress , an officer or employee of Congress , or
an employee of a Member of Congress, in connection with the awarding, renewal , amending or modifying of
any Federal contract, grant, or cooperative agreement. If any non- Federal funds are used for lobbying
activities as described above, the Contractor shall submit Attachment D . Standard Form-LLL, " Disclosure
Form to Report Lobbying" (attached hereto and made a part hereof) , and shall file quarterly updates of any
material changes . The Contractor shall require the language of this certification to be included
in all
subcontracts , and all subcontractors shall certify and disclose accordingly.
34 . This Contract is funded through a National Coastal Wetlands grant ( CFDA 15 . 614) from the U .S. Department
of Interior Fish and Wildlife Service . Accordingly, the Contractor agrees to comply with the terms
and
conditions required for U .S . Department of Interior, Fish and Wildlife Services funded projects , attached
hereto and made a part of the Contract as Attachment E.
35 , The State of Florida , through the Department of Management Services , has instituted
MyFloridaMarketPlace , a statewide e-procurement system . Pursuant to Rule 60A- 1 .032 ( 1) , Florida
Administrative Code , this Contract shall be exempt from the one percent ( 1%) transaction fee .
36 . This Contract represents the entire agreement of the parties . Any alterations , variations,
changes ,
modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to
writing, duly signed by each of the parties hereto , and attached to the original of this Contract,
unless
otherwise provided herein .
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DEP Contract No. RM026 , Page 5 of 6
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed , the day and year last written
below.
INDIAN RIVER COUNTY BOARD OF FLORIDA DEPARTMENT OF
COUNTY COMMISSIONERS ENVIRONMENTAL PROTE N
f
By: � • By: �?
Title: Caroline D . Ginn , airman Director, Office of Coastal and Aquatic Management
or designee
Date: January 20 , 2004 Date :
Indian River County Board of County Commissioners
1840 25th Street Steve illiams, DEP Contract Manager
Vero Beach , Florida 32960
A
FEID No. : 59-6000674 TO FORM DEP Contracts Administrator
+AM ��W'1�1
Approved as to form and legality:
WWAM-WCOLUcoua�rlr�rII
DE Attorney
List of Attachments/ Exhibits included as part of this Contract:
Type Number Description ( including number of pages)
Attachment A Scope of Services ( 2 pages)
Attachment B Contract Payment Requirements ( 1 page)
Attachment C Certification Regarding Debarment/Suspension (2 pages)
Attachment D Disclosure of Lobbying Activities (2 pages)
Attachment E U .S . Department of Interior, Fish & Wildlife Services Terms and Conditions (2 pages )
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DEP Contract No. RM026 , Page 6 of 6
ATTACHMENT A
SCOPE OF WORK
South Central Indian River Lagoon - Pelican Island PHASE I
Introduction
The South Central Indian River Lagoon - Pelican Island Phase I project includes restoration of 158 acres of
citrus grove
back to its former native upland and wetland communities ( mangrove forest, tidal marsh , freshwater wetlands
, palm
prairies , hydric hammocks , and maritime hammocks) and returning the water table back to its original elevation
. The
project is located on 185 . 53 acres included within the boundary of Pelican Island National Wildlife Refuge , Indian
River
County, Florida ( Figures 1 , 2 and 3 ). The site is managed by the U .S. Fish and Wildlife Service as part of the refuge
.
The Manager of Pelican Island National Wildlife Refuge ( Refuge) , Paul Tritaik , phone 772-562-3909 , ext. 244 , will
be the
on-site advisor for the project and will be responsible for advising on all planning and construction related aspects of
the
project. Steve Williams of the Florida Department of Environmental Protection ( DEP) , phone 772-581-2743 , will be the
contract/project manager and will be responsible for all contractual and fiscal responsibilities , including all planning and
construction related aspects of the project.
Scope of Work
The project is subdivided into two construction phases to accommodate timelines for permitting and construction . Phase
1-A will include all activities associated with restoration of upland communities and freshwater wetlands on the site . Phase
1-13 will include all activities associated with tidal marsh restoration .
Phase 1-A
1. The Contractor shall be responsible for providing all equipment, materials and labor necessary to complete
the
proposed restoration activities for Phase 1-A including: all necessary clearing and grubbing to remove existing
vegetation ; erosion and turbidity control measures ; surveying to identify desired grades ; excavation and fill required to
re-establish natural grades, construct wetland features or fill draining ditches ; planting of desirable native vegetation ;
and installing an irrigation system in areas planted .
2 . All earthwork, planting and irrigation will conform to construction plans provided to the Contractor by the
Contract
Manager.
3 , Phase 1-A shall be completed by June 30 , 2004 .
Phase 1- B
4 . The Contractor shall be responsible for all surveying, engineering, design and permitting necessary to implement the
conceptual design for tidal marsh restoration on the site in Phase 1-13 . The conceptual plan will be provided to
the
Contractor by the Contract Manager.
5 . Following the completion of the design and engineering tasks and prior to permitting or implementation of Phase 1-13 ,
all plans developed shall be submitted to the Contract Manager for review and approval .
6 . Upon approval of the Phase 1-13 plans , the Contractor shall provide all equipment, materials and labor necessary
to
complete the proposed restoration activities including all necessary clearing and grubbing to remove
existing
vegetation ; erosion and turbidity control measures ; surveying to identify desired grades ; excavation and fill required to
establish desired grades , and planting of desirable native vegetation .
7 . Phase 1-13 shall be completed by June 10 , 2005 .
DEP Contract No . RM026 , Attachment A. Page 1 of 2
General Conditions
8 . All construction , earthwork , planting and irrigation shall conform to acceptable industry standards for each respective
type of activity unless otherwise noted on the project plans or agreed upon in writing by the Contract Manager.
9 . Upon completion of each task identified in the budget, the Contractor shall request a review by the Contract Manager
to ensure that the work completed meets project standards and needs . The Contract Manager will then notify the
Department Contract Manager that payment can be made for that task .
10 . Prior to initiating any construction work on the Refuge site , a construction plan must be developed by the
Contractor
and approved by the Contract Manager. The purpose of this construction plan will be to identify access routes
to
restoration areas , staging areas , and other construction related details . During the construction phase of the project,
all earthwork and other construction related activities will be limited to the footprint of the restoration area ,
access
routes and approved staging areas . Repair of any damage to facilities , road or natural areas on the Refuge resulting
from negligent activity will be the responsibility of the Contractor.
11. The construction area must be kept clear of any litter or trash at all times . Any fuels, oils or
fluid spills must be
reported to the Contract Manager and the Refuge Manager and cleaned up immediately.
12 . The Contractor and its subcontractors and agents agree to abide by all rules and regulations of Pelican Island National
Wildlife Refuge , specifically those addressing the possession of alcohol and firearms, posted speed limits
and
harassing or harming wildlife and plants .
Budget and Schedule
Phase 1-A - Upland Restoration
Task Estimated Cost Estimated Schedule
1. Design $ 22 , 000 .00 Execution - February 2004
2 . Mobilization ( mobilization , bonding) $ 48 , 000 . 00 April 2004
3 . Excavation (surveying, erosion and turbidity control , $ 2509000 . 00 April - May 2004
clearing, grubbing, excavation , fill compact, stockpiling)
4 . Planting ( planting, irrigation ) $ 478 , 000 .00 June 2004
Phase 1-A Total $ 7987000 . 00
Phase 1-13 - Tidal Marsh Restoration
Task Estimated Cost Estimated Schedule
1 . Permitting (survey, engineering, design , permitting) $ 327000 . 00 Execution - December 2004
2 . Mobilization ( mobilization , bonding) $ 10 , 000 . 00 February 2005
3 . Excavation (surveying, erosion and turbidity control , $ 140 , 000 . 00 March - April 2005
clearing, grubbing, excavation , fill compact, stockpiling)
4 . Planting $ 201000 . 00 May 2005
Phase 1- B Total $ 202 , 000 . 00
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DEP Contract No . RM026 , Attachment A, Page 2 of 2
ATTACHMENT B
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures ( March 2003 )
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary,
travel , expenses , etc. ) Supporting documentation must be provided for each amount for which reimbursement is being
claimed indicating that the item has been paid . Check numbers may be provided in lieu of copies of actual checks.
Each piece of documentation should clearly reflect the dates of service . Only expenditures for categories in
the
approved contract budget should be reimbursed .
Listed below are examples of types of documentation representing the minimum requirements:
( 1) Salaries : A payroll register or similar documentation should be submitted . The payroll register should
show gross salary charges, fringe benefits , other deductions and net pay. If an individual for
whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable .
( 2 ) Fringe Benefits : Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e.g. , insurance premiums paid ) . If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe benefits,
then the calculation for the fringe benefits amount must be shown .
Exception : Governmental entities are not required to provide check numbers or copies of
checks for fringe benefits.
(3) Travel : Reimbursement for travel must be in accordance with Section 112 . 061, Florida Statutes ,
which includes submission of the claim on the approved State travel voucher or electronic
means .
(4) Other direct costs : Reimbursement will be made based on paid invoices/ receipts . If nonexpendable property is
purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated . Documentation must be provided to
show compliance with Department of Management Services Rule 60A- 1. 017 , Florida
Administrative Code, regarding the requirements for contracts which include services and that
provide for the contractor to purchase tangible personal property as defined in Section
273 . 02 , Florida Statutes , for subsequent transfer to the State .
(5 ) In-house charges : Charges which may be of an internal nature ( e . g. , postage , copies , etc . ) may be reimbursed on
a usage log which shows the units times the rate being charged . The rates must be
reasonable .
(6 ) Indirect costs : If the contract specifies that indirect costs will be paid based on a specified rate ,
then the
calculation should be shown .
Pursuant to 216 . 346 , Florida Statutes , a contract between state agencies including any contract involving
the State University system or the State Community College system , the agency receiving the contract or
grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or
indirect cost or any other cost not required for the payment of direct costs .
The Florida Department of Financial Services , Reference Guide to State Expenditures ( March , 2003 ) can be found at
the following web address : www . dbf.state .fl . us/aadir/ reference guide .
DEP Contract No . RM026 , Attachment B , Page 1 of 1
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENTS , SUSPENSION , INELIGIBILITY AND
VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS
DEP CONTRACT NO : RM026
1. The undersigned hereby certifies that neither it nor its principals is presently debarred , suspended , proposed for
debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. The undersigned also certifies that it and its principals:
(a ) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain , or
performing a public ( Federal , State or local) transaction or contract under a public transaction ; violation of Federal or
State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property.
( b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal ,
State or
local ) with commission of any of the offenses enumerated in paragraph 2 . (a ) of this Certification ; and
(c) Have not within a three-year period preceding this certification had one or more public transactions ( Federal, State or
local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification , an explanation shall be attached
to this
certification .
Dated this day of 20
By
Authorized Signature/Contractor
Typed Name/Title
Contractor's Firm Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
Form DEP 55-220 (01/01)
DEP Contract No , RM026 , Attachment C, Page 1 of 2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form , the certifying party is providing the certification set out below.
2 . The certification in this clause is a material representation of fact upon which reliance was placed when this transaction
was
entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification , in
addition to
other remedies available to the Federal Government, the Department of Environmental Protection ( DEP) or agencies with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
3 . The certifying party shall provide immediate written notice to the person to which this contract is submitted if at
any time the
certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The terms covered transaction , debarred , suspended , ineligible, lower tier covered transaction , participant, person ,
primary
covered transaction , principal , proposal , and voluntarily excluded , as used in this clause, have the meanings set out
in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this
contract is submitted for assistance in obtaining a copy of those regulations.
5 . The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into,
it shall
not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment
under 48 CFR 9 , subpart 9 .4, debarred , suspended , declared ineligible, or voluntarily excluded from participation
in this
covered transaction , unless authorized by the DEP or agency with which this transaction originated .
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification
Regarding
Debarment, Suspension , Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction ," without modification , in all
contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions.
7 . A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered
transaction that it is not is proposed for debarment under 48 CFR 9 , subpart 9 .4, debarred , suspended
, ineligible, or
voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous. A participant may decide
the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to,
check the Nonprocurement List (Telephone No. ( 202 ) 501-4740 or ( 202 ) 501-4873 . )
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in
good faith the certification required by this clause. The knowledge and information of a participant is not required to
exceed
that which is normally possessed by a prudent person in the ordinary course of business dealings .
9 . Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9 ,
subpart 9 .4 ,
suspended, debarred , ineligible , or voluntarily excluded from participation in this transaction , in addition to other
remedies
available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
DEP FORM 55-220 ( 01/01)
DEP Contract No . RM026 , Attachment C , Page 2 of 2
ATTACHMENT D
Approved by OMB
DISCLOSURE OF LOBBYING ACTIVITIES 0348-0046
Complete this form to disclose lobbying activities pursuant to 31 U .S. C. 1352
(See reverse for public burden disclosure .)
1. Type of Federal Action: 2 . Status of Federal Action : 3 . Report Type:
Fa . contract F] a . bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d . loan For Material Change Only:
e. loan guarantee
f. loan insurance year quarter
date of last report
4. Name and Address of Reporting Entity: 5 . If Reporting Entity in No. 4 is Subawardee, Enter Name
and Address of Prime:
� Prime � Subawardee
Tier if known:
Congressional District, if known: Congressional District, if known:
6. Federal Department/Agency: 7 . Federal Program Name/Description :
CFDA Number, if applicable:
8. Federal Action Number, if known: 9 . Award Amount, if known:
S
10 . a . Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first name, MI): different from No. 10a)
(last name, first name, MI):
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
11. Information requested through this form is authorized by title 31 U.S.C. Signature :
section 1352. This disclosure of lobbying activities is a material
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is required Print Name :
pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semi-annually and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil penalty of not Title:
less than $ 10,000 and not more than $ 100,000 for each such failure.
Telephone No . : Date:
Federal Use Only: Authorized for Local Reproduction
Standard Form - LLL ( Rev 7 - 97 )
DEP Contract No . RM026 , Attachment D. Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SF- LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action , or a material change to a previous filing, pursuant
to title 31 U .S . C.
section 1352 . The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress ,
an officer or
employee of Congress , or an employee of a Member of Congress in connection with a covered Federal action . Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information .
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence
the
outcome of a covered Federal action .
2 . Identify the status of the covered Federal action .
3 . Identify the appropriate classification of this report. If this is a followup report caused by a material change to
the
information previously reported , enter the year and quarter in which the change occurred . Enter the date of the
last previously submitted report by the reporting entity for this covered Federal action .
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known
.
Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward
recipient. Identify the tier of the subawardee, e.g. , the first subawardee of the prime is the 1st tier. Subawards
include but are not limited to subcontracts, subgrants and contract awards under grants.
5 . If the organization filing the report in item 4 checks "Subawardee " , then enter the full name , address , city,
state
and zip code of the prime Federal recipient. Include Congressional District, if known .
6 . Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known . For example , Department of Transportation , United States Coast Guard .
7 . Enter the Federal program name or description for the covered Federal action ( item 1) . If known , enter the
full
Catalog of Federal Domestic Assistance (CFDA) number for grants , cooperative agreements , loans , and loan
commitments .
8 . Enter the most appropriate Federal identifying number available for the Federal action identified in item 1
(e.g. ,
Request for Proposal ( RFP) number; Invitation for Bid ( IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency) . Include
prefixes , e .g. , " RFP-DE-90-001 . "
9 . For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the
Federal amount of the award/ loan commitment for the prime entity identified in item 4 or 5 .
10 . (a ) Enter the full name, address , city, state and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influence the covered Federal action .
( b) Enter the full names of the individual (s) performing services , and include full address if different from 10 (a ) .
Enter Last Name , First Name , and Middle Initial ( MI ) .
11. The certifying official shall sign and date the form , print his/ her name , title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time
for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed , and completing and reviewing the collection
of
information . Send comments regarding the burden estimate or any other aspect of this collection of information , including suggestions
for
reducing this burden , to the Office of Management and Budget, Paperwork Reduction Project ( 0348-0046) , Washington , D. C. 20503.
DEP Contract No . RM026 , Attachment D , Page 2 of 2
ATTACHMENT E
Based on and Excerpted from - 50 CFR , Part 80 *
( Code of Federal Regulations)
*As modified by the Department ( DEP)
ACQUISITION OF REAL PROPERTY
Pursuant to the provisions of 50 CFR , Part 80, (Code of Federal Regulation ) real property acquired or constructed with
Federal Aid funds must continue to serve the purpose for which acquired or constructed . In the event that
such
property is no longer needed or useful for its original purpose, the property shall be used or disposed of as provided
by
OMB Circular A-102 .
ALLOWABLE COSTS
All costs shall be supported by source documents or other records as necessary to substantiate the application of
funds . Such documentation and records are subject to review by the Secretary of the Interior/and or the DEP or its
authorized representatives to determine the allowability of costs.
AUDITS
The Contractor shall comply with the applicable provisions contained in Attachment C. Special Audit Requirements. A
revised copy of Attachment C. Exhibit-1 , must be provided to the Contractor with each amendment which authorizes a
funding increase or decrease . The revised Exhibit-1 shall summarize the funding sources supporting the Contract for
purposes of assisting the Contractor in complying with the requirements of Attachment C. If the Contractor fails to
receive a revised copy of Attachment C, Exhibit-1 , the Contractor shall notify the Department's Contracts Administrator
at 850/922-5942 to request a copy of the updated information .
ACCESS TO RECORDS
The Contractor shall maintain current and complete financial , property and procurement records in accordance with
requirements contained in the Federal Aid Manual and OMB Circular A-102 .
The DEP, State of Florida , or any other authorized agency( ies) or any of their authorized representatives shall
have
access to all such books , records , documents and other evidence for the purpose of inspection , audit and copying
during normal business hours . The Contractor will provide facilities for such access and inspection .
(a ) Financial , supporting documents, and all other records pertinent to a project shall be retained for a period of three years
after submission of the final expenditure report on the project. If any litigation , claim , or audit was started before
the
expiration of the three-year period , the records shall be retained until the resolution is completed .
Records for
non-expendable property shall be retained for a period of three years following final disposition of the property.
(b) Access to records is not limited to the required retention periods. The authorized representatives designated
in
paragraph (c) of this clause shall have access to records at any reasonable time for as long as the
records are
maintained .
(c) The Secretary of the Interior and the Comptroller General of the United States , or any of their duly authorized
representatives , and/or the DEP or its authorized representatives shall have access to any pertinent books
,
documents , papers and records of the Contractor.
ASSURANCES
It is mutually agreed that the parties shall comply with all applicable Federal Laws , regulations and requirements
as
they relate to the application , acceptance and use of the Federal funds under the Federal Aid Acts ,
to the extent
DEP Contract No . RM026 , Attachment E, Page 1 of 2
permitted under Florida Law. The Secretary of the Interior shall have the right to review or inspect the project
for
compliance at any time . Upon determination of noncompliance , the Secretary of the Interior may terminate or suspend
those projects in noncompliance , or may declare the State ineligible for further participation in program benefits until
compliance is achieved .
PAYMENTS
Project proposals must include a complete schedule of payments to complete the project. No costs for interest of
financing shall be claimed for reimbursement.
SYMBOLS
As a recipient of Federal Aid Funds as described in 50 CFR , Part 80 .2 , the Contractor is authorized to
display the
appropriate symbol (s) on areas such as wildlife management areas and fishing access facilities , acquired , developed ,
operated or maintained by these grants, or on printed material or other visual representations relating to
project
accomplishments .
The Contractor, as user of the symbol (s) shall indemnify and defend the United States and hold it harmless from any
claims, suits , losses and damages arising out of any allegedly unauthorized use of any patent, process , idea , method or
device by the user in connection with its use of the symbol (s) , or any other alleged action of the user and also from any
claims , suits , losses and damages arising out of alleged defects in the articles or services with which the symbol (s) is
associated to the extent permitted under Florida Law.
The symbols as depicted in 50 CFR , Part 80 , may not be used in any other manner except as authorized by the Director,
U .S . Fish and Wildlife Service . Unauthorized use of the symbol(s) will constitute a violation of section 701 of Title 18
of
the United States Code and subject the violator to possible fines and imprisonment as set forth therein .
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DEP Contract No . RM026 , Attachment E , Page 2 of 2