Fort Walton Beach Council agenda — 01-25-05 - regular — reading text

Agreement, unless otherwise provided herein. DEP 55- 240 ( 02/04) DEP Agreement No. LE577, Page 6 of 7  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF FORT WALTON BEACH STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Signature of Person Authorized to Sign Director, Division of Law Enforcement or designee Date: Print Name and Title of Authorized Person Date: FEID/SS No. 59- 6000323 to ality: t~ DEP ~ ttomey For Agreements with governmental boards/ commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List ofattachments/ exhI'bits included as part of this Agreement: Specify Letter/ Type Number Description ( include number of pages) Attachment A- Scope of Work and Conditions ( 3 Pa2es) Attachment lL Grant PavmentIMatch Reauest Form ( 1 Pa2e) Attachment Propertv Reportine:Form 1 ( Pae:e) Attachment XL Special Audit Reauirements ( 5 Pae:es) DEP 55-240 ( 02/ 04) DEP Agreement No. LE577, Page 7 of 7  ATTACHMENT A Clean Vessel Act Grant Program Scope of Work 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 ensurecompliance with 50 CFR Part 85, Subpart D - Conditions on Use/ Acceptance of Funds, for the Agreement 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 the amount of $8. 603. 00 and the GRANTEE agrees to undertake the project as described and submitted by the GRANTEE in the Grant Application, CVA 04-427, and provide a minimum 250/0 non- federal matching funds. The project is located at Fort Walton Beach Landina. 141 Brooks Street. Southeast Fort Walton Beach. Florida 32549. CONDITIONS Rei-mbursement for Project Installation 1. The request for payment shall consist of an invoice on the GRANTEE' s letterhead, clearly marked as invoice. Two invoices and a final invoice are allowed under this Agreement. 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 shall be submitted to the DEPARTMENT along with GRANTEE invoices for auditing purposes. Invoices for the deliverables described on page three (3) of this attachment must explicitly reference the deliverables and the grant award amounts associated with each deliverable. 2. 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. 3. 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. 4. 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. 5. 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. DEP Agreement No. LE577, AttacbmentA, Page 1 of3 Operations 1. The pumpout facility or dump stations 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, maintained, and continue to be reasonably accessible to all recreational vessels for the full five year period as described and set forth in Paragraph 3 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 three 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 visible 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 of an per vessel. Fees greater than $ 5 require prior written approval by the DEPARTMENT 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 completion of construction or installation of equipment occurre~. 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 THIS PAGE INTENTIONAllY LEFT BLANK DEP Agreement No. LE577, Attachment A, Page 2 of 3  DELIVERABLES 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 cost amount for the collection and proper disposal of sewage is not considered part of the project installation; therefore, the amount is fixed for that purpose only and cannot be us~ d for project installation costs. 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. Schedule of Deliverables and Amounts Deliverables Detail Project Grant Amount Amount Permitting State and local permits required for $ 0. 00 $ 0. 00 installation of equipment. Construction Labor and materials required to $ 2, 029. 67 $ 1, 522. 25 prepare site for eauipment. Renovation Labor and materials necessary to $ 0. 00 $ 0. 00 restore pumpout equipment. . Equipment Purchase Pumpout or waste receptacle $ 8, 601. 00 $ 6, 450. 75 equipment and associated piping to be installed.