HomeMy WebLinkAboutR-2025-183 Calvin Giordano and Associates Agreement for Design Services Chester Byrd Park (25-014)RESOLUTION NO. 2025-183
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES FOR DESIGN SERVICES RELATED TO IMPROVEMENTS AT CHESTER BYRD PARK AS DESCRIBED IN THE CITY’S REQUEST FOR
QUALIFICATIONS (“RFQ”) NO. 25-014, IN THE AMOUNT OF ONE
HUNDRED FIFTEEN THOUSAND TWO HUNDRED TWENTY-TWO AND FIFTY CENTS ($115,222.50) AND TO EXCEED THE ANNUAL VENDOR THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission authorized under Resolution 2025-126 administration
to begin contract negotiations with the top ranked firm, Calvin, Giordano and Associates, Inc., of
RFQ No. 25-014 entitled “Chester Byrd Park Improvements”; and
WHEREAS, the City of Dania Beach was awarded $200,000.00 in grant funding through
the Florida Recreation Development Assistance Program (FRDAP) with a $200,000.00 match in
August, 2023 for Chester Byrd Park Improvements; and
WHEREAS, the City Administration recommends approval of the agreement which is
attached as Exhibit “A”, and is made a part of and incorporated into this Resolution by this
reference, in the amount of One Hundred Fifteen Thousand Two Hundred Twenty-Two Dollars
and Fifty Cents ($115,222.50).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City of Dania Beach, Florida awards a contract for RFQ No. 25-
014, “Chester Byrd Park Improvements”, to Calvin, Giordano and Associates, Inc, in the amount
of One Hundred Fifteen Thousand Two Hundred Twenty-Two Dollars and Fifty Cents
($115,222.50), which will exceed the annual vendor threshold of $50,000.00.
Section 3. That funding for this project is available in FY 2025-26 and is appropriated
in GL Account No. 103-72-64-572-63-10 in the amount of One Hundred Fifteen Thousand Two
Hundred Twenty-Two Dollars and Fifty Cents ($115,222.50), which amount will be transferred to
GL account 103-72-64-572-31-10 for engineering services.
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Section 4. That the proper City Officials will solicit, through formal bidding, the
construction services for Chester Byrd Park upon completion of the design, and
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on November 18, 2025.
Motion by Commissioner Ryan second by Commissioner Lewellen.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS CITY ATTORNEY
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CITY OF DANIA BEACH
PROFESSIONAL DESIGN SERVICES AGREEMENT
Chester Byrd Park Improvements (RFQ 25‑014)
This Professional Design Services Agreement (“Agreement”) is made and entered into this ___ day of __________, 2025, by and between the CITY OF DANIA BEACH, a Florida municipal corporation (“City”), whose address is 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004, and CALVIN, GIORDANO & ASSOCIATES, INC., a
Florida corporation (“Consultant”), whose address is 1800 Eller Drive, Suite 600, Fort
Lauderdale, Florida 33316. The City and Consultant are collectively referred to as the “Parties.”
1. PROJECT IDENTIFICATION
The Project is entitled “Chester Byrd Park Improvements” and shall consist of
professional design, engineering, permitting, bidding assistance, and limited construction
administration services associated with improvements to Chester Byrd Park, 1021 SW 12th Avenue, Dania Beach, FL 33004, as described in the City’s FRDAP Grant Agreement No. P5011.
2. SCOPE OF SERVICES
Consultant shall perform the professional services described in Exhibit “A,” incorporated
herein by reference, consisting of Consultant’s Proposal dated October 17, 2025, entitled
“Chester Byrd Park Improvements (CGA No. 25‑8509)_REV01.” Exhibit “B,” the City’s
RFQ No. 25‑014, is incorporated for purposes of defining applicable requirements,
insurance standards, and grant compliance obligations. Consultant shall perform all
services in full compliance with the FRDAP Grant Agreement and all applicable laws
and regulations.
3. COMPENSATION AND REIMBURSEMENTS
(a) The City shall compensate Consultant a lump sum, not‑to‑exceed amount of Ninety-
Nine Hundred and Ninety-Seven Thousand and Fifty Cents ($99,997.50) for completion
of the Professional Services described in Exhibit “A.”
(b) Reimbursable Expenses. In addition to the above professional fees, the following
allowances are proposed to cover expenses for sub-consultants’ services. These are funds
that belong to the City and will only be used as needed, per the notes provided. It is
understood that any unbilled amount will revert to the City for use during construction.
All allowances shall require prior approval from City prior use, and all shall be identified
separately in billing invoices Such reimbursable expenses shall not exceed $15,225.00.
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(c) Invoicing. Consultant shall submit invoices no more frequently than once per month,
identifying (i) the percentage of work completed by phase, (ii) the tasks performed, (iii)
reimbursable expenses with itemized backup, and (iv) a summary of hours expended by
discipline. Each invoice shall reference the Purchase Order number issued by the City.
All invoices must include Consultant’s W‑9 and certification of no delinquent taxes.
Submit by email. Invoices shall be emailed to: ap@daniabeachfl.gov
Alternatively, invoices may be mailed to: City of Dania Beach Accounts Payable, 100 W. Dania Beach Boulevard Dania Beach, Florida 33004.
And shall be concurrently emailed to the designated City’s Representative
(d) Payment. The City shall review and, if approved, pay each undisputed invoice within
thirty (30) days of receipt. The City may withhold payment for incomplete, defective, or
non‑conforming work until corrected. The City shall have no obligation to pay amounts
exceeding the not‑to‑exceed total without a duly executed written amendment.
(e) Final Invoice. In order for both parties to close their books and records, Consultant
shall submit its final invoice no later than four (4) months after completion of all
Professional Services. Consultant shall clearly indicate “Final Invoice” on its final
invoice. Such indication shall certify to the City that all Services have been properly
performed and all charges and costs owed in connection with this Agreement have been
invoiced to the City. Any requests for reimbursement or fee payment, if not properly
included on the final invoice or not submitted within four months of completion of
Professional Services, are waived by Consultant.
4. TERM AND TIME OF PERFORMANCE
Consultant shall commence work upon issuance of the City’s written Notice to Proceed
(“NTP”). All design phases shall be completed within the mutually agreed schedule,
which shall not exceed 180 calendar days from NTP, subject to extensions approved in
writing by the City.
5. STANDARD OF CARE
Consultant shall perform all services in accordance with the standard of care, skill, and
diligence ordinarily exercised by members of the same profession currently practicing
under similar circumstances in South Florida.
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6. INDEPENDENT CONTRACTOR
Consultant is and shall remain an independent contractor, and nothing herein shall be
construed to create the relationship of employer and employee, partner, or joint venturer
between the City and Consultant.
7. MODIFICATIONS TO SCOPE OF SERVICES
The City may, at any time, by written directive, make additions to, deletions from, or
modifications of the Services to be performed under this Agreement. If such changes
cause an increase or decrease in the cost or time required for performance, an equitable
adjustment shall be made by written amendment executed by both Parties prior to
commencement of the changed work. No claim for additional compensation or extension
of time shall be valid unless approved in writing by the City prior to performance of the
additional work.
8. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless the
City, its officers, employees, and agents from and against any and all claims, damages,
losses, and expenses, including reasonable attorney’s fees, arising out of or resulting from
the negligent acts, errors, or omissions of Consultant, its employees, agents, or
subconsultants in the performance of this Agreement. This indemnification shall survive
the termination or expiration of this Agreement and shall not be construed to waive any
limitation of liability provided in Section 768.28, Florida Statutes.
9. INSURANCE
Consultant shall procure and maintain insurance as required in Section 5 of the City’s
RFQ No. 25‑014, which is incorporated herein. Certificates of insurance naming the City
as Additional Insured shall be furnished prior to commencement of any work. Insurance
must be written by insurers authorized to do business in the State of Florida and rated no
less than A‑, Class VII, by A.M. Best, with ten (10) days written notice to the City of
cancellation or material change.
10. OWNERSHIP OF DOCUMENTS AND DATA
All reports, drawings, data, and other work products prepared by Consultant shall be and
remain the property of the City. Consultant may retain copies for record purposes but
shall not reuse or distribute such documents without written authorization from the City.
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11. TERMINATION
11.1.1 Either party may terminate this Agreement for cause in the event that: (1) the
other party violates any material provisions of this Agreement or performs same in bad
faith or (2) unreasonably delays the performance of its obligations hereunder, upon
written notice to said defaulting party five (5) calendar days prior to termination.
11.1.2 In the event this Agreement is terminated by the City for cause, the City may take
over the Professional Services and complete them by contracting with another consultant
(s) or otherwise, and in such event, Consultant shall be liable to the City for any
additional cost incurred by the City due to such termination. “Additional Cost” is defined
as the difference between the actual cost of completion of such incomplete Professional
Services and the cost of completion of such Professional Services which would have
resulted from payments to Consultant had this Agreement not been terminated.
11.1.3 The City shall have the right to terminate this Agreement, in whole or in part,
without cause, upon five (5) days’ written notice to Consultant, when the City determines
that continuation of this Agreement would not produce beneficial results commensurate
with the expenditure of public funds.
11.1.4 The City reserves the right to cancel this Agreement for failure by the Consultant
to comply with the Public Records provisions of Chapter 119, Florida Statutes.
11.1.5 Upon termination, Consultant shall immediately assemble and deliver all
documents, drawings, signed and sealed drawings, Construction Documents, Technical
Specifications, CADD files, calculations, specifications, correspondence, testing and
materials information, warranties, manuals, written information, electronic data and all
other materials in its possession concerning the Professional Services under this
Agreement and City projects to the City.
11.1.6 In the event of termination, Consultant, upon receipt of the notice of such
termination, shall: (1) stop the performance of the Professional Services on the date and
to the extent specified in the notice of termination; (2) place no further orders or
subcontracts except as may be necessary for completion of any portion(s) of the
Professional Services not terminated and as authorized by the written notice; (3)
terminate all orders and subcontracts to the extent that they relate to the performance of
the Professional Services terminated by the notice of termination; (4) transfer title to the
City (to the extent that title has not already been transferred) and deliver according to the
manner, at the times, and to the extent directed by the City, all property purchased under
this Agreement and reimbursed as direct items of cost and not required for completion of
the services not terminated; (5) promptly assemble and deliver as provided above all
documents related to this Agreement; (6) promptly complete performance of any
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Professional Services not terminated by the notice of termination and/or cooperate in
transition of its consulting duties to appropriate parties at the direction of the City.
11.1.7 In the event of termination, the City shall compensate Consultant for all
authorized Professional Services satisfactorily performed through the termination date,
and for costs incurred, under the payment terms contained in this Agreement. In the
event of Termination for Cause, no payments to Consultant shall be made (1) for
Professional Services not satisfactorily performed and (2) for assembly of and submittal
of documents as required under this Agreement. In no event shall City be obligated to
compensate Consultant for lost profits, or any resulting or consequential damages.
11.1.8 Upon termination, this Agreement shall have no further force or effect and the
parties shall be relieved of all further liability under this Agreement, except that the
provisions of this section and the provisions regarding termination, the right to audit,
property rights, insurance, indemnification, governing law and litigation shall survive
termination of this Agreement and remain in full force and effect.
12. REPRESENTATIONS OF THE CONSULTANT
12.1 Authority.
Consultant hereby represents to the City that it has full power and authority to enter into
and fully perform its obligations under this Agreement without the need for any further
corporate or governmental consents or approvals, and that the persons executing this
Agreement are authorized to execute and deliver it.
12.2 Duly Licensed.
Consultant represents that it is duly licensed in Florida to perform the Professional
Services under this Agreement and that it will continue to maintain all licenses and
approvals required to conduct its business.
12.3 No Solicitation.
Consultant represents that it has not employed or retained any company or person, other
than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement 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 Consultant, any
fee, commission, percentage, gift, or any other consideration contingent upon or resulting
from the award or making of this Agreement. In the event of a breach or violation of this
provision by Consultant, the City shall have the right to terminate the Agreement without
liability and, at its discretion, to deduct from the Fee, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
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12.4 Convicted Vendor List.
Consultant represents that the execution of this Agreement will not violate Section
287.133, Florida Statutes and certifies that Consultant and any parent corporations,
affiliates, subsidiaries, members, shareholders, partners, officers, directors or executives,
and any sub-consultants have not been placed on the Convicted Vendor List maintained
by the State of Florida within 36 months prior to the submittal of the Proposal to under
this RFQ. Violation of this section may result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from City's competitive
procurement activities.
12.5 Discriminatory Vendor List.
In accordance with Fla. Stat. Sec. 287.134, Consultant represents that it has never been
placed on the Discriminatory Vendor List, kept by the Florida Department of
Management Services. Violation of this section may result in termination of this
Agreement and recovery of all monies paid hereto and may result in debarment from
City's competitive procurement activities.
12.6. Scrutinized Companies List. Pursuant to Fla. Stat. Sec. 287.135, Consultant represents that Consultant is not on the
Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of Israel. Consultant further represents that it is not on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or engages in business activities in Sudan or Cuba. Violation of this section may result in termination of this Agreement
and recovery of all monies paid hereto and may result in debarment from City's competitive procurement activities. 12.7 E-Verify.
12.7.1 In compliance with Section 448.095, Fla. Stat., Consultant shall utilize the
U.S. Department of Homeland Security’s E-Verify system to verify the employment
eligibility of new employees hired by Consultant during the term of this Agreement.
Consultant shall require all subcontractors performing services under this Agreement to
verify the employment eligibility of new employees hired by the subcontractor during the
term of this Agreement. Consultant shall require each of its subcontractors to provide
Consultant with an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien. Contractor shall maintain a copy of the
subcontractor's affidavit as part of and pursuant to the records retention requirements of
this Agreement.
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12.7.2 The City, Consultant, or any subcontractor who has a good faith belief that
a person or entity with which it is contracting has knowingly violated Section 448.09(1),
Fla. Stat. or the provisions of this section shall terminate the contract with the person or
entity. A contract terminated under the provisions of this section is not a breach of
contract and may not be considered such. Consultant acknowledges that upon termination
of this Agreement by City for a violation of this section by Consultant, Consultant may
not be awarded a public contract for at least one (1) year. Consultant further
acknowledges that Consultant is liable for any additional costs incurred by the City as a
result of termination of any contract for a violation of this section.
12.7.3 Consultant or its subcontractor shall insert in any subcontracts the clauses
set forth in this section and shall require subcontractors to include these clauses in any
lower tier subcontracts.
12.8 ADA Compliance. Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA), including all applicable regulations, guidelines, and standards.
12.9 Standard of Care.
The standard of care for all Professional Services performed or furnished by Consultant
under this Agreement will be the care and skill ordinarily used by members of
Consultant’s profession practicing under similar circumstances.
12.10 Standard of Conduct.
The implied covenant of good faith and fair dealing under Florida law is expressly adopted.
12.11 Compliance with Laws.
In the conduct of Professional Services under this Agreement, Consultant shall comply in
all material respects with all applicable federal and state laws and regulations and all
applicable County and City ordinances and regulations.
12.12 Design and Constructability.
Consultant hereby represents to City that where Professional Services includes
development of Construction Drawings and Technical Specifications, such project: (i) is
and shall be designed with no material defects in design, determined in accordance with
sound architectural and engineering principles, as applicable, and generally accepted
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industry standards; (ii) is and shall be designed in accordance with generally accepted
architectural and engineering standards, as applicable, and (iii) is constructible. Without
waiver of City’s other rights and remedies, City may require Consultant to perform again,
at Consultant’s sole cost and expense, any design services which were not performed in
accordance with the requirements and standards set forth in this Agreement. Consultant
hereby waives any claims which it may have or assert against the City with respect to this
section, except and unless and failure of Consultant to perform, in whole or in part, is due
to the action or inaction of the City. Without limiting any other remedy available to City,
the Consultant shall furnish at its own expense any redesign or revisions to the
Construction Documents and Technical Specifications necessary to correct any material
errors, omissions, failures or deficiencies in such documents, and shall, at its sole cost
and expense, correct any work performed in accordance with deficient documents. The
City’s review or approval of, or payment for, any Professional Services or deliverables
under this Agreement shall not be construed as a waiver of any rights under this
Agreement or any cause of action arising out of performance under this Agreement. This
section shall survive the expiration or termination of this Agreement.
12.13 Ethics Provisions; No Conflicts of Interest.
12.13.1 Consultant represents that it has not given or accepted a kickback in
relation to this Agreement and has not solicited this Agreement by payment or acceptance
of a gratuity or offer of employment.
12.13. Consultant represents that it has not solicited this Agreement by payment
of a gift or gratuity or offer of employment to any official, employee of the City or any
City agency or selection committee.
12.13.3 Consultant represents that it does not and will not employ, directly or
indirectly, the mayor, members of the City commission or any official, department
director, head of any City agency, member of any board, committee or agency of the
City, or any other City employee without prior approval.
12.13.4 Consultant represents that it does not employ, directly or indirectly, any
official of the City. Consultant represents that it does not employ, directly or indirectly,
any employee or member of any board, committee or agency of the City who, alone or
together with his household members, own at least five percent (5%) of the total assets
and/or common stock of Consultant.
12.13.5 Consultant represents that it has not knowingly given, directly or
indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to
the mayor, members of the City commission, any department director or head of any City
agency, any employee of the City or any City agency, or any member of a board that
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provides regulation, oversight, management or policy-setting recommendations regarding
the Consultant or its business.
12.13.6 Consultant represents that it presently has no interest and shall acquire
no interest, either direct or indirect, which would conflict in any manner with its
performance under this Agreement. The Consultant further represents that no person
having any such interest shall be employed or engaged by it to provide the Professional
Services.
12.13.7 Consultant, its officers, personnel, subsidiaries and subcontractors shall
not have or hold any continuing or frequently recurring employment, contractual
relationship, business association or other circumstance which may influence or appear to
influence Consultant’s exercise of judgment or quality of the Professional Services being
provided under this Agreement. Consultant, its officers, personnel, subsidiaries and
subcontractors shall not perform consulting work for any third party that would in any
way be in conflict with the Professional Services to be provided to the City under this
Agreement.
12.13.8 Consultant, its officers, personnel, subsidiaries and subcontractors shall
not, during the term of this Agreement, serve as an expert witness against City in any
legal or administrative proceeding unless compelled by court process. Further,
Consultant agrees that such persons shall not give sworn testimony or issue a report or
writing, as an expression of his or her expert opinion, which is adverse or prejudicial to
the interests of City or in connection with any pending or threatened legal or
administrative proceeding. The limitations of this section shall not preclude such persons
from representing themselves in any action or in any administrative or legal proceeding.
12.13.9 Consultant shall promptly notify the City in writing by certified mail of
all potential conflicts of interest or any event described in this Section. Said notification
shall identify the prospective business interest or circumstance and the nature of work
that Consultant intends to undertake and shall request the opinion of the City as to
whether such association, interest or circumstance would, in the opinion of the City,
constitute a conflict of interest if entered into by Consultant. The City agrees to notify
Consultant by certified mail of its opinion within thirty (30) calendar days of receipt of
the said notification and request for opinion. If, in the opinion of the City, the
prospective business association, interest or circumstance would not constitute a conflict
of interest by Consultant, the City shall so state in its opinion and Consultant may, at its
option, enter into said association, interest or circumstance and it shall be deemed not in
conflict of interest with respect to services provided to the City by Consultant under this
Agreement.
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12.13.10 In the event Consultant is permitted to utilize subcontractors to perform
any services required by this Agreement, Consultant agrees to prohibit such
subcontractors, by written contract, from having any conflicts as within the meaning of
this section.
12.14 Lobbying Certification.
Consultant certifies to the best of its knowledge and belief that no Federal or State grant
funds or other resources received in connection with this Agreement will be used directly
or indirectly to influence legislation or any other official action by a Member of
Congress, a member of the Florida Legislature or any state agency.
12.15 Truth in Negotiation Statement.
Signature of this Agreement by Consultant serves as the execution of a truth-in-
negotiation certificate certifying that the compensation and hourly rates and other
expenses or costs to be compensated under this Agreement are accurate, complete and current at the time of contracting. The fees and expenses payable under the contract shall be adjusted to exclude any significant sums should the City determine that the fees and costs were increased due to inaccurate, incomplete or non-current wage rates or due to
inaccurate representations of fees paid to sub-consultants or sub-contractors. Any such
contract adjustments must be made within one year following the expiration or termination of this Agreement.
12.16 Financial Capability.
Consultant certifies that Consultant has not filed for bankruptcy in the past five (5) years
and is financially able to provide Professional Services under this Agreement. Consultant further represents that it has no obligation or indebtedness that would impair its ability to meet the completion dates or schedules to be established by the Project Schedule and this Agreement.
12.17 No Felony or Fraud.
Consultant certifies that neither Consultant nor any of Consultant’s principals
have been indicted for or convicted of a felony or fraud.
SECTION 13 – RESPONSIBILITIES OF THE CITY
13.1 Designation of Representative.
The City agrees to designate an individual to act as the City’s representative with respect
to the Professional Services to be rendered under this Agreement, provided that such
representative shall not have the authority to amend or modify this Agreement. Such
person shall have authority to transmit instructions, receive information and define the
policies and decisions of the City with respect to Consultant’s Professional Services.
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13.2 Specification of City Requirements.
The City agrees to provide information as to the City’s requirements for the Project or task or under this Agreement, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expendability and budgetary limitations.
13.3 Items to be furnished upon the Consultant’s Request.
The designated representative of the City will use reasonable efforts to provide to Consultant, upon Consultant’s request, the following information, along with previous reports or studies and any other data relative to design or construction of a project. The
City makes no representation that any such data or documents provided by the City are accurate or reliable.
1. Data prepared by others relevant to the project; 2. Appropriate professional interpretations of data prepared by others relevant to the project;
3. Environmental assessment and impact statements; 4. Property, boundary, easement, right-of-way, topographic and utility surveys; 5. Property descriptions; and 6. Zoning, deed and other land use restrictions
13.4 Access to Property.
The City agrees to arrange for access to and make all provisions for Consultant to enter City property or facilities as required for Consultant to perform services under this Agreement.
13.5 Attendance at Meetings.
The City agrees that a representative of the City will attend regularly scheduled Project
progress meetings, when requested, held at the City or Consultant’s local office, as well
as substantial completion inspections and final inspections. Consultant’s Project
Manager, or a key team member, will attend all regularly scheduled Project progress
meetings at the dates and times established.
14. MISCELLANEOUS
14.1 Entire Agreement; Controlling Provisions; Amendment.
14.1.1 This Agreement, including the RFQ, the Proposal, and Exhibits which
are incorporated into this Agreement in their entirety, embody the entire agreement and
understanding of the parties with respect to the subject matter of this Agreement and
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supersede all prior and contemporaneous agreements and understandings, oral or written,
relating to said subject matter.
14.1.2 Except as otherwise specifically provided in this Agreement, in the event
of any conflict between the specific provisions of this Agreement and the requirements or
provisions of the RFQ and/or Proposal, the provisions shall be given precedence in the
following order: (1) this Agreement, (2) the RFQ; and (3) the Proposal. Wherever
possible, the provisions of the documents shall be construed in such manner as to avoid
conflicts between provisions of the various documents.
14.1.3 This Agreement may only be modified by written amendment executed by
the City and Consultant. Any amendments to this Agreement: (1) shall be subject to the
mutual written agreement of the parties; (2) shall be in the form of numbered
amendments; (3) shall be executed by both parties; and, (4) shall become part of the
public records of the City. It is expressly understood, moreover, that no oral discussions,
assents or representations shall constitute an enforceable amendment to this Agreement
unless it is reduced to writing in accordance with this paragraph.
14.2 Litigation; Governing Law; Venue; Waiver of Jury Trial.
14.2.1 This Agreement shall be construed and interpreted, and the rights of the
parties hereto determined, in accordance with Florida law without regard to conflicts of
law provisions. The City and Consultant submit to the jurisdiction of Florida courts and
federal courts located in Florida. The parties agree that proper venue for any suit
concerning this Agreement shall be Broward County, Florida, or the Federal Southern
District of Florida. Consultant agrees to waive all defenses to any suit filed in Florida
based upon improper venue or forum nonconveniens.
14.2.2 THE CITY AND CONSULTANT HEREBY MUTUALLY KNOWINGLY, WILLINGLY AND VOLUNTARILY WAIVE THE RIGHT TO
TRIAL BY JURY, AND NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR
LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE “PARTIES”) SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEEDING BASED UPON OR ARISING OUT OF THIS
AGREEMENT, OR ANY COURSE OF ACTION, COURSE OF DEALING,
STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN
WAIVED. THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY
NEGOTIATED BY THE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER AND SHALL BE SUBJECT TO NO EXCEPTION. NEITHER THE CITY NOR THE
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CONSULTANT HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THE
PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
14.3 Remedies.
No remedy conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other
remedy granted by this Agreement or now or hereafter existing at law or in equity or by
stature or otherwise. No single or partial exercise by any party of any right, power, or
remedy shall preclude any other or further exercise thereof.
No provision of this Agreement is intended, nor shall be construed to, create any third
party beneficiary or provide any rights to any person or entity not a party to this
Agreement, including but not limited to any citizen or any employee of the City or
Consultant.
14.4 Inspector General
Consultant is aware that the Broward County Inspector General has the authority to
investigate and audit matters relating to the negotiation and performance of this
Agreement and may demand and obtain records and testimony from the Consultant and
its subcontractors and lower tier subcontractors. Consultant understands and agrees that
in addition to all other remedies and consequences provided by law, the failure of
Consultant or its subcontractor or lower tier subcontractors to fully cooperate with the
Inspector General when requested may be deemed by the City to be a material breach of
this Agreement justifying its termination.
14.5 Waiver.
14.5.1 Any waiver by either party of any one or more of the covenants,
conditions, or provisions of this Agreement, shall not be construed to be a waiver of any
subsequent or other breach of the same or any covenant, condition or provision of this
Agreement.
14.5.2 Nothing in this Agreement shall be interpreted to constitute a release of
the responsibility and liability of Consultant, its employees, sub-contractors, agents and
sub-consultants for the accuracy and competency of their designs, working drawings,
Construction Documents, Technical Specifications or other documents and works, nor
shall any approval by the City be deemed to be an assumption of such responsibility by
the City for a defect or omission in designs, Construction Documents, Technical
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Specifications or other documents prepared by Consultant, its employees, agents or
subcontractors.
14.6 Headings.
The headings contained in this Agreement are provided for convenience only and shall
not be considered in construing, interpreting or enforcing this Agreement.
14.7 Counterparts; Electronic Signatures.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed to be an original; and such counterparts will constitute one and the same
instrument. A facsimile or electronic transmission of this Agreement with a signature on
behalf of a party will be legal and binding on such party.
14.8 Severability of Provisions.
In the event that any term or provision of this Agreement shall to any extent be held
invalid or unenforceable, it is agreed that the remainder of this Agreement, or the
application of such terms or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected and every other term and
provision of this Agreement shall be deemed valid and enforceable to the maximum
extent permitted by law.
14.9 Assignment.
This Agreement may not be assigned by Consultant without the written authorization of
the City after City’s determination of the ability of the assignee to perform the
Professional Services. Authorization may be withheld or delayed in the City’s sole and
absolute discretion. This Agreement shall be binding upon and inure to the benefit of the
parties, their successors and permitted assigns.
14.10 Communications and Notice.
Any notices shall be deemed delivered when sent by certified mail or electronic mail with
confirmation to the addresses set forth above.
14.11 Performance of Government Functions.
Notwithstanding anything in this Agreement to the contrary, nothing contained in this
Agreement shall in any way stop, limit or impair the City of Dania Beach from exercising or performing any regulatory, policing, legislative, governmental or other powers or functions with respect to any project.
15
14.12 Performance Evaluations.
Consultant will be evaluated on a project-by-project basis. The evaluations provide
Information about compliance with budget, schedule, and oversight needs and provide
input for the recertification process. Evaluations are submitted to the Consultant's person
in responsible charge or designee as part of the project closeout process.
14.13 Force Majeure.
Any deadline provided for in this Agreement may be extended, as provided in this
paragraph, if the deadline is not met because of one of the following conditions occurring
with respect to that particular project or parcel: fire, strike, explosion, power blackout,
earthquake, volcanic action, flood, war, civil disturbances, terrorist acts, hurricanes and
acts of God. When one of the foregoing conditions interferes with contract performance,
then the party affected may be excused from performance on a day-for-day basis to the
extent such party's obligations relate to the performance so interfered with, or as agreed
in writing between the parties, provided that the party so affected shall demonstrate and
proceed with efforts to remedy or remove such causes of non-performance. The party so
affected shall not be entitled to any additional compensation by reason of any day-for-day
extension hereunder.
14.4 Modification.
No modification shall be effective unless in writing and executed by both Parties.
14.5 Public Records Law.
14.5.1 Consultant shall comply with Chapter 119, Florida Statutes, regarding public
records. Consultant shall keep and maintain all documents, correspondence,
reports, computer files, emails, plans, drawings, calculations, technical
specifications, sketches, photographs, videos, illustrations, tracings,
specifications, maps, etc., prepared in order to perform the services under this
Agreement.
14.5.2 Consultant shall ensure that public records that are exempt or confidential and
exempt from public records disclosure are not disclosed. Records that are exempt or
confidential and exempt from public records requirements may include plans, drawings
and records related to the physical security of City buildings or security systems and shall
not be disclosed by Consultant, except as authorized by law and specifically authorized
by City.
16
14.5.3 A request to inspect or copy public records relating to this Agreement
must be made directly to the City. If the City does not possess the requested records, the
City shall immediately notify the Consultant of the request, and the Consultant shall
provide the records to the City or allow the records to be inspected or copied within a
reasonable time at the cost that would not exceed the cost allowed by law. All records
stored electronically must be provided to the City, upon request, in a format that is
compatible with the information technology systems of the City. Failure of the
Consultant to provide public records to the City within a reasonable time or allowable
cost may be subject to penalties under Sec. 119.10, Fla. Stat., and may be cause for
termination of the Contract by the City, in addition to any other remedies available under
the Contract or by law.
14.5.4 Upon completion of the Agreement, Consultant shall transfer, at no cost,
to the City all public records in possession of Consultant. Consultant shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements.
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS
EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM ACTING CITY MANAGER
18
VENDOR: Calvin, Giordano & Associates, Inc., a Florda corporation WITNESSES: SIGNATURE SIGNATURE
PRINT Name PRINT Name SIGNATURE Title PRINT Name
STATE OF FLORIDA COUNTY OF BROWARD
The foregoing instrument was acknowledged before me by means of ☐ physical
presence or ☐ online notarization, on , 2025, by _______________
(name), _______________________ (title), of Calvin, Giordano & Associates, Inc., a
Florida corporation, who is personally known to me or has produced
as identification.
NOTARY PUBLIC
My Commission Expires: State of Florida
19
EXHIBITS
For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/daniabeachfl
City of Dania Beach
25-014
REQUEST FOR QUALIFICATIONS FOR DESIGN SERVICES FOR
CHESTER BYRD PARK IMPROVEMENTS
RELEASE DATE: May 5, 2025
RESPONSE DEADLINE: June 6, 2025, 10:00 am
Please refer to the project timeline in this document for all important deadlines.
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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Table Of Contents
1. NOTICE TO PROPOSERS
2. OVERVIEW
3. SCOPE OF SERVICES
4. SUBMISSION REQUIREMENTS
5. INSURANCE REQUIREMENTS
6. TERMS AND CONDITIONS
7. EVALUATION CRITERIA AND PROCEDURES
8. PROPOSER SUBMISSION
Attachments:
A - P5011_-_City_of_Dania_Beach
B - EXHIBIT_“A”_Proposers_Qualification_Statement
D - EXHIBIT_“D”_Drug-Free_Workplace_Certification_Form
E - EXHIBIT_“E”_Acknowledgment_of_Addenda
F - Sample Agreement Chester Byrd Park Improvements Design Services Bid
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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1. NOTICE TO PROPOSERS
CITY OF DANIA BEACH, FLORIDA
REQUEST FOR QUALIFIATIONS (“RFQ”) FOR
Request for Qualifications for Design Services for Chester Byrd Park Improvements
25-014
NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City”) will be accepting sealed Proposals
for Request for Qualifications for Design Services for Chester Byrd Park Improvements, 25-014”.
Proposals will be accepted on the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl until Friday, June 6, 2025, at 10:00 am. Proposals
received after this time will be rejected.
All submissions will remain confidential and exempt from public record disclosure requirements until the
response opening is conducted.
PROJECT DOCUMENTS
Documents may be obtained from
https://procurement.opengov.com/portal/daniabeachfl/projects/153236.
All Proposers are advised that the City has not authorized the use of the City seal or logo by individuals
or entities responding to City bids.
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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2. OVERVIEW
The City of Dania Beach (“City”) is soliciting Proposals from interested persons, firms, or both for the
provision of the services described in this RFQ. Through a Request for Qualifications process described in this
document, persons and firms interested in assisting the City in provision of such services must prepare and
submit a qualifications packet in accordance with the procedure and schedule in this RFQ. The City will review
submittals only from those persons and firms that submit a Request for Qualifications packet which includes all
the information required to be included as described in the RFQ.
In order to be considered, persons, consulting firms or team joint ventures must demonstrate specific experience
and capabilities in all related areas for which they seek to perform work as described. Consultants should also
be familiar with the standards, practices, requirements, and applicable ordinances of the City of Dania Beach.
The City intends to select a professional architecture or engineering firm capable of providing services
necessary to complete the services required by the City as outlined in this RFQ. The scope of services include,
but are not limited to, working with the City to create a bid package, identify all documents to include in the
package, modifications to any drawings or documents to include in the package including any special grant
conditions, photos, and other pertinent information and to provide overall project management for the project as
well as assistance with construction management.
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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3. SCOPE OF SERVICES
3.1. INSTRUCTIONS TO PROPOSERS
The following instructions are given as guidance to Proposers in properly preparing their Proposals to this
Request for Qualifications for Consultant Services that are to be provided to the City of Dania Beach, Florida
(the “City”).
3.2. SCOPE OF SERVICES
The scope of services is a general guide to the work the city expects to be performed by the Consultant and is
not a complete listing of all services that may be required or desired.
The City of Dania Beach is a recipient of the Florida Recreation Development Assistance Program (FRDAP)
grant. The FRDAP grant program is administered by the Florida Department of Environmental Protection
(FDEP) and provides financial assistance for acquisition or development of land for public outdoor recreation.
The City has been awarded $200,000 in grant funds which will be matched by the City for a total of $400,000.
The grant provides for a range of improvements including the installation of exercise stations, play structures,
walking trails, landscaping, lighting, and fencing.
A copy of the grant agreement accompanies this RFQ as Attachment A- P5011 which contains a project plan for
the work and improvements proposed for the project site. As this project will be partially funded by State funds,
Proposers should consider the compliance requirements contained in the Grant Agreement between the City of
Dania Beach and the Florida Department of Environmental Protection. Proposers must carefully review and
become familiar with the Grant Agreement conditions that govern this contract. All state and federal
requirements contained within the grant agreement are applicable to the respondent.
Detailed construction documents are needed for bidding for this park improvement project. The City’s priorities
for the Project include requiring the selected firm to:
• Design the elements of the Project as identified in the FDEP grant agreement
• Ensure that all installations are in strict compliance with the Florida Building Code or Miami Dade
Specifications
3.3. COMPLIANCE WITH FLORIDA STATUTE 287.055 'CONSULTANTS' COMPETITIVE
NEGOTIATION ACT'
A. In accordance with Florida State Statute 287.055, known as the “Consultants’ Competitive Negotiation
Act” (the “CCNA”), the purpose of this solicitation is to invite invite architecture, landscape architecture
and engineering firms (Consultants) to provide proposals for the design, surveying services, permitting,
bidding assistance and construction phase services associated with the park improvement project
identified in this RFQ. Work includes but is not limited to the following:
• Design, analysis and permitting for construction of the project.
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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• Devise a bidding strategy to meet the project schedule that may include multiple contractors through
multiple bids.
• Project management and oversight.
• Permit applications.
• Final signed and sealed Plans, permits, detailed bid form, Technical Specifications and details.
• Complete and orderly maintenance of paperwork and records.
• Receipt and logging of correspondence.
• Review of Contractor(s) monthly invoices during construction phase and applications for payment.
• Project closeout inspection.
3.4. PROJECT LOCATION
Chester Byrd Park located at 1021 SW 12th Avenue Dania Beach, FL 33004.
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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4. SUBMISSION REQUIREMENTS
4.1. POSTPONEMENT AND EXTENSION OF DATE FOR SUBMITTING PROPOSALS
The City reserves the right to postpone and extend the date for the receipt of Proposals and will give ample
notice of any such postponement and extension to each known prospective Proposers.
4.2. PROPOSAL REQUIREMENTS
Proposers shall, as a minimum, include the following information with the submittal of its Proposal:
A. Business Structure: Provide a description of the general capabilities of the Proposer, including
information relating to the total size and staffing, professional staff, resources, and clerical support;
Provide résumés of all key personnel who may be assigned to perform the requested services.
B. Relevant Experience: Provide a list of five (5) similar contracts for services within the last five (5)
years provided to other municipalities, together with current contact names and telephone numbers with
each municipality; contact persons must be able to speak about the performance of the Proposer. The
Proposers Submission section labeled references incorporated into this RFQ is where each of the 5
individual refences information is to be submitted.
C. Litigation: Provide a listing of all lawsuits or proceedings involving the Proposer within the past ten
(10) years, including case names and numbers, courts, nature of the actions and disposition or status of
each case.
D. Equal Opportunity Statement: A statement that the Proposer is an equal opportunity employer and
that it does not and will not discriminate against any person, employee, or applicant for employment on
account of age, race, creed, religion, color, sex, sexual orientation, disability, national origin, marital
status, or political affiliation.
E. Minority/Women’s Participation: The City of Dania Beach, in accordance with the requirements as
stated in U.S. Code of Federal Regulations, 2 CFR 200.321, encourages the active participation of
minority businesses, women‘s business enterprises and labor surplus area firms as a part of any
agreement whenever possible. The Proposer must take affirmative steps and if subcontracts are to be let
through a Proposer, the subcontractor is required to also take the affirmative steps listed below:
1. Small and minority businesses and women's business enterprises are solicited whenever they are
potential sources.
2. Total requirements are to be divided, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business enterprises.
3. Delivery schedules, where the requirement permits are to be established which encourage
participation by small and minority businesses, and women's business enterprises.
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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4. Services and assistance, as appropriate, are to be used, which is provided by such organizations as
the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
F. Copies of all licenses, certificates of competency or other documentation required by federal, state, or
local laws, statutes or regulations are required to be submitted as evidence of the authority to perform
the services described in the RFQ.
G. All Proposals must include preliminary certificates of insurance verifying all general insurance
requirements.
H. All Proposals must be signed by a representative who is authorized to contractually bind the Proposer
4.3. MINIMUM QUALIFICATION REQUIREMENTS
In order for a Proposal to be considered by the City, Proposers shall demonstrate in their Proposals compliance
with the following minimum requirements:
A. Proposers must be currently certified, licensed and authorized to work in the State of Florida to services
as sought by this RFQ;
B. Experience working with government agencies;
C. Currently insured and meeting City insurance requirements with insurance certificates provided that
state the name of the Proposer, current street address of the business and the type of work for which a
Business Tax Receipt is issued as well as all additional insurance requirements, including required
endorsements.
The City shall not consider Proposals that fail to demonstrate compliance with the above requirements. The
selected Proposer(s) shall maintain and keep in force insurance throughout the life of any contract, and all
renewals and extensions, if any, pertaining or related to the requirements specified in this Section. Failure of
the Proposer to comply with these requirements will be sufficient grounds for the City to declare the Contract in
default and subject the contract to possible termination by the City.
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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5. INSURANCE REQUIREMENTS
5.1. COVERAGE REQUIREMENTS
PROPOSER and their subcontractors, to the extent reasonably applicable to their respective scope of work, provided that,
PROPOSER shall be responsible for any uninsured claims subject to the limitation of liability hereunder and to the extent directly
attributable to City’s failure to require such coverage, shall procure and maintain for the duration of the term of the Agreement,
insurance coverage compliant with the requirements set forth in this Section, together with any additional insurance required by
applicable federal, state, or local laws and regulations, against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work hereunder by the PROPOSER, its agents, representatives, employees,
or subcontractors.
If PROPOSER maintains broader coverage and/or higher limits than the minimums shown below for all policies, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the PROPOSER. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City to the extent necessary to cover any actual damages suffered by the City.
I. Commercial General Liability
Limits of Liability (Minimum)
• Bodily Injury & Property Damage Liability
• Each Occurrence $1,000,000
• Policy Aggregate $2,000,000
• Personal & Advertising Injury $1,000,000
• Products & Completed Operations $1,000,000
Endorsements Required – Include in body of COI and/or Description of Operations
• Annual Aggregate shall apply “Per Project/Job”, if available
• Waiver of Subrogation in favor of the City, if available
• Insurance shall apply on a primary and non-contributory basis
• “The City of Dania Beach, Florida” is included as “Additional Insured”
• If Vendor’s Insurance includes coverage for with an “As Required By Written Agreement/Contract” provision, then the
following must be in place to establish such written agreement and trigger coverage:
o An executed written contract between the City and Vendor including these requirements; OR
o Statement on a Purchase Order or Invoice or other attachment thereof which includes the following verbiage:
“Vendor will provide proof of General Liability insurance with Limits of $1,000,000 Per
Occurrence/$2,000,000 General Aggregate. City is included as Additional Insured.”
II. Business Automobile Liability
Limits of Liability (Minimum)
• Bodily Injury and Property Damage
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
10
• Combined Single Limit $1,000,000
• Any Auto/Owned Autos or Scheduled Autos
• Including Hired and Non- Owned Autos
• Any One Accident
Endorsements Required - Include in body of COI and/or Description of Operations
• City of Dania Beach included as an Additional Insured if appropriate and available
III. Workers’ Compensation / Employers’ Liability
A. Workers Compensation Limits: Statutory - State of Florida
• Waiver of Subrogation in favor of City, if available
B. Employers Liability Limits:
• $100,000 for bodily injury caused by an accident, each accident
• $100,000 for bodily injury caused by disease, each employee
• $500,000 for bodily injury caused by disease, policy limit
Workers Compensation must be provided for all persons fulfilling this contract, whether employed, contracted, temporary or
subcontracted.
Contractor(s) must be in compliance with all applicable state and federal workers’ compensation laws, including US Longshore
and Harbor Workers Compensation Act, Jones Act (maritime), Federal Employers Liability Act (railroad), etc.
In no event shall Vendor be permitted to utilize in the execution of this agreement, the following:
A. any employee, subcontractor or subcontractor employee that is exempted or purported to be exempt from Workers’
Compensation insurance coverage; or
B. any employee, subcontractor or subcontractor employees who will be covered by an employee leasing arrangement.
If exception is authorized, Proof of State of Florida Exemption is required for each person providing work under this
agreement. Written confirmation/Exemption Form is required for businesses exempt from obtaining Worker’s
Compensation coverage.
IV. Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the required limits. Coverage shall be
“following form” and shall not be more restrictive than the underlying insurance policy coverages, including all special
endorsements and City as Additional Insured status. Umbrella should include Employer’s Liability.
Other Conditions Required:
Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply with all
insurance requirements.
Cancellation Requirements: Required insurance shall always be maintained while vendor is on or utilizing City premises.
The above policies shall provide the City of Dania Beach with 10 days’ written notice of cancellation or material change
from the insurer. If the policies do not contain such a provision, it is the responsibility of the Contractor to provide such notice.
Notice Requirements: If an insurable incident occurs while vendor is engaged in a City project, notification to the City is
required.
Insurance Carrier Financial Stability Requirements:
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
11
Insurance must be provided by companies authorized to do business in the State of Florida. City reserves the right but not the
obligation to reject any insurer providing coverage due to poor or deteriorating financial condition.
The Company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by the
latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All policies or certificates of
insurance are subject to review and verification by Risk Management. If a company is downgraded during the agreement term,
Vendor shall notify the City.
Certificates of Insurance/Verification of Coverage: Proof of the required insurance must reflect all required insurance above
will be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days
of notification of award. All certificates (and any required documents) must be received and approved by Human Resources
before any work commences to permit Vendor time to remedy any deficiencies.
Valid Certificates verifying coverage is in force as required above must be on file with the City at all times during contract. If
the policies renew during the term of the Contract, updated Certificates verifying coverage is in force shall be submitted to the
City within 10 days of expiration. Contractor and/or any Subcontractor shall not perform or continue to work pursuant to this
agreement, unless all coverages remain in full force and effect; work delay is subject to provisions in this agreement. If vendor
fails to provide proof of insurance within 7 days of City’s receipt of notice at any time during this agreement, the City shall
have the right to consider the agreement breached, and therefore terminated.
A copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.
Notices/ Certificate Holder:
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
Email: Wayne Fletcher
wfletcher@daniabeachfl.gov
The City of Dania Beach, Florida reserves the right to review/revise, reject or accept any required policies of insurance,
including limits, coverages or endorsements, herein at the time of the insurance submission.
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6. TERMS AND CONDITIONS
6.1. INTERPRETATIONS
Any interpretations, clarifications or additional information not disclosed in this RFQ and determined to be
necessary by the City in response to Proposer’s questions will be issued by means of addendum or addenda,
which addendum or addenda will be posted to the City's e-Procurement Portal at
https://procurement.opengov.com/portal/daniabeachfl, for all interested persons identified by the City as having
received the RFQ. The Proposers are required to check the site to see if there has been any addendum or
addenda posted regarding this RFQ. Only questions answered and information supplied by means of such
Addendum or Addenda will be considered as binding. Oral interpretations, clarifications or other information
will have no legal and binding effect.
A. All questions requiring clarification or interpretation of the RFQ documents shall be made in writing and
shall be delivered to the City by Friday, May 30, 202510:00 am.
B. Any modification or interpretation of the RFQ documents lies within the sole and exclusive judgment of
the City or its Consultant, if so authorized by City, and shall be made in writing in the form of an
Addendum or Addenda to all those who or which are recorded by the City, as having obtained a
complete set of the RFQ documents.
C. Interpretations or modifications of the RFQ documents made in any manner other than an Addendum or
Addenda issued by the City shall not be binding. All updates, clarifications, or modifications to the
RFQ shall be issued via written Addendum or addenda and shall be provided to all Proposers.
D. A Proposer, prior to submitting its Response, shall ascertain in writing that it has received any
Addendum or all Addenda issued for the services.
6.2. PUBLIC RECORDS
A. Proposer agrees to keep and maintain public records in Proposer’s possession or control in connection
with Proposer’s performance under the Agreement. Proposer additionally agrees to comply specifically
with the provisions of Section 119.0701, Florida Statutes. Proposer shall ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are not disclosed,
except as authorized by law, for the duration of the Agreement, and following completion of the
Agreement until the records are transferred to the City.
B. Upon request from the City custodian of public records, Proposer shall provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by
law.
C. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and
other data and documents provided or created in connection with the Agreement are and shall remain the
property of the City.
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D. Upon completion of the Agreement or in the event of termination by either party, any and all public
records relating to the Agreement in the possession of the Proposer shall be delivered by the Proposer to
the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by
Proposer shall be delivered to the City in a format that is compatible with the City’s information
technology systems. Once the public records have been delivered upon completion or termination of the
Agreement, the Proposer shall destroy any and all duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements.
E. Any compensation due to Proposer shall be withheld until all records are received as provided in this
RFQ.
F. Proposer’s failure or refusal to comply with the provisions of this section shall result in the immediate
termination of the Agreement by the City.
G. Section 119.0701(2)(a), Florida StatutesIF THE PROPOSER HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, THE
PROPOSER MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of
Records: ELORA RIERA, MMCMailing Address: 100 W. Dania Beach
Boulevard Dania Beach, Florida 33004 Telephone
number: 954-924-9800, Ext. 3623Email: eriera@daniabeachfl.gov
6.3. RESPONSE PROTEST PROCEDURE
A. After a Notice of Recommendation to Award a contract is posted, any actual or prospective Proposer in
connection with the pending award of the Contract, or any element of the process leading to the award
of the Contract may protest to the City Manager. A protest must be filed by 5:00 P.M. on the third (3rd)
Business Day after posting of the Notice of Award (excluding the day that the Notice is posted) or any
right to protest is waived. The protest must be in writing, must identify the name and address of the
protester, and must include a factual summary of, and the basis for, the protest. Filing shall be
considered complete when the written protest, together with an RFQ Protest w are both timely received
by the City Manager’s Office. No RFQ Protest shall be accepted unless it complies with the
requirements of this Section.
B. An RFQ Protest Bond is intended to compensate the City for the expenses of administering the
protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the
protester. If the protest is not decided in the protester's favor, the deposit shall be retained by the
City. The deposit shall be in the form of a cashier's check. The amount of the RFQ Protest Bond shall
be Five Thousand Dollars ($5,000.00).
C. Prior to any decision being rendered under this section with respect to a Proposal protest, the City
Manager and the City Attorney, or their respective designees, shall certify whether the submission of the
Proposer to the Proposal in question is responsive. The parties to the protest shall be bound by the
determination of the City Manager and the City Attorney with regard to the issue of responsiveness.
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D. Protest Committee: The Protest Committee shall have the authority to review, settle, and resolve all
protests. Members of the Protest Committee will be appointed by the City Manager. If the Protest
Committee determines that the pending award of a contract or any element of the process leading to the
award involved a significant violation of law, applicable rule or regulation, all steps necessary and
proper to correct the violation shall be taken. If the Protest Committee determines that the protest has
merit, the City Manager shall direct all appropriate steps be taken to remedy it.
1. The decision shall specifically state the reasons for the action taken and inform the protestor of its
right to challenge the decision. Any person aggrieved by any action or decision of the Protest
Committee, with regard to any decision rendered under this section may appeal the decision to the
City Commission for a hearing. The City Commission will hear the appeal and render a final
decision.
E. In the event of a timely protest, the City Manager shall stay the award of the Contract, unless after
consulting with the City Attorney and a representative from the City’s Department for which the
services are being obtained, the City Manager then determines that the award of the contract is necessary
without delay to protect the substantial interests of the City. The continuation of the award process
under these circumstances shall not preempt or otherwise affect the protest.
F. The institution and filing of a protest under this provision is an administrative remedy that shall be
employed prior to the institution and filing of any civil action against the City concerning the subject
matter of the protest.
6.4. CONE OF SILENCE
A. Definitions: “Cone of Silence,” as used in this RFQ means a prohibition on any communication
between:
o a potential vendor, service provider, proposer, lobbyist, or consultant, and
o a City Commission member, City’s professional staff including, but not limited to, the City Manager
and her staff, or any member of the City’s Bid Review Committee.
B. Restriction; Notice: A Cone of Silence shall be imposed upon this RFQ upon the advertisement of the
RFQ. At the time of imposition of the Cone of Silence, the City Manager or designee shall provide for
public notice of the Cone of Silence by posting a notice at the City Hall.
C. Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City
Commission (whether a regular or special meeting) at which the City Manager makes a written
recommendation of award to the City Commission. However, if the City Commission refers the City
Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence
shall be re-imposed until such time as the City Manager makes a subsequent written recommendation.
D. Exceptions to Applicability: The provisions of this section shall not apply to:
o Communication with the City RFQ representative;
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
15
o Oral communications at pre-proposal conferences;
o Oral presentations before the Bid Review Committee;
o Public presentations made to the City Commission members during any duly noticed public meeting;
o Communications regarding the RFQ between a potential vendor, service provider, proposer, lobbyist
or consultant and the City’s Procurement Administrator or City employee designated as responsible
for administering the procurement process for the RFQ, provided the communication is limited
strictly to matters of process or procedure already contained in the corresponding solicitation
document;
o Communications with the City Attorney and his staff;
o Duly noticed site visits to determine the competency of a Proposer regarding the RFQ during the
time period between the opening of Proposals and the time the City Manager makes a written
recommendation;
o Any emergency procurement of goods or services pursuant to City Code;
o Proposals to the City’s request for clarification or additional information
o Communications to enable City staff to seek and obtain industry comment or perform market
research, provided all related communications between a potential vendor, service provider,
proposer, lobbyist, or consultant and any member of the City’s professional staff including, but not
limited to, the City Manager and staff are in writing or are made at a duly noticed public meeting .
E.
F. Penalties: Violation of this section by a Proposer or other listed person shall render any RFQ award or
contract to the Proposer voidable by the City Commission or City Manager. Any person who violates a
provision of this section may be prohibited from serving on the City Bid Review Committee. In addition
to any other penalty provided in this RFQ, violation of any provision of this section by a City employee
may subject the employee to disciplinary action.
Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
16
7. EVALUATION CRITERIA AND PROCEDURES
The City will consider Proposers that are responsive and responsible by providing accurate information as
delineated in Section 4, Submittal Requirements.
All submitted Proposals will be evaluated based on the information provided that is responsive to this
RFQ. Evaluation criteria will include, but not be limited to, the ability of professional personnel; past
performance; willingness to meet time and budget requirements; location; recent, current, and projected
workloads of the firms.
The scoring of the Proposals by the Bid Review Committee will be based on a point total and not a percentage
factor. The Bid Review Committee will evaluate and rank the Proposals received on the basis of the criteria and
available points indicated below.
No. Evaluation Criteria Scoring Method Weight (Points)
1. Firm Qualifications
Qualifications of the firm; number of years firm
has been in business; references/past
performance; recent, current, and project workloads.
Points Based 40
(40% of Total)
2. EXPERIENCE AND QUALIFICATIONS OF ASSIGNED STAFF
Staff's experience, qualifications, and technical
capabilities.
Points Based 30
(30% of Total)
3. Approach and Delivery of Services
Understanding the scope of work, ability to
comply with the full scope of work, and the
technical soundness of the proposal.
Points Based 25
(25% of Total)
4. Woman or Minority Business Enterprise
Current certification must be provided with
response.
Points Based 5
(5% of Total)
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
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8. PROPOSER SUBMISSION
1. PROPOSAL SUBMISSION
1.1. Please upload your proposal response here.*
*Response required
2. REFERENCES
Provide a list of at least five commercial or government references that the successful Bidder has supplied
service/commodities meeting the requirements of the City of Dania Beach specifications, within the last five (5)
years
2.1. Reference 1*
Name of Entity for which services were performed:
Brief Description of Scope of Services:
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
*Response required
2.2. Reference 2*
Name of Entity for which services were performed:
Brief Description of Scope of Services:
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
*Response required
2.3. Reference 3*
Name of Entity for which services were performed:
Brief Description of Scope of Services:
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
*Response required
2.4. Reference 3*
Name of Entity for which services were performed:
Brief Description of Scope of Services:
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
18
*Response required
2.5. Reference 4*
Name of Entity for which services were performed:
Brief Description of Scope of Services:
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
*Response required
2.6. Reference 5*
Name of Entity for which services were performed:
Brief Description of Scope of Services:
Amount of Contract Award:
Status of Contract:
Contact Name:
Telephone Number:
*Response required
3. PROPOSER QUALIFICATION QUESTIONAIRE
3.1. Firm Name:
3.2. Business Address:*
*Response required
3.3. Contact information of authorized representative*
Include name, title, email address and phone number
*Response required
3.4. Entity Type*
☐ Corporation
☐ Partnership
☐ Individual
☐ Other (specify below)
*Response required
3.5. Date of organization or incorporation of business:
3.6. State in which business is organized or incorporated:
3.7. Please list the name and title of Principal Officers and the date they were elected:
3.8. If Proposer is other than an individual, corporation or partnership, describe the organization and give
the names and addresses of principals:
3.9. How many years has your organization been in business?*
*Response required
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
19
3.10. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute:
3.11. Please list any former names under which your business has operated:
3.12. The length of time (continuous) in business in Florida:*
*Response required
3.13. If an out-of-state Corporation or entity, must be currently authorized to do business in Florida by the
Office of the Florida Secretary of State.*
☐ Please confirm
*Response required
3.14. State the name and title of the individual who will have responsibility relating to the services:*
*Response required
3.15. State the name and address of attorney or law firm, if any, for the business of the Proposer:*
If none, indicate such in the space below.
*Response required
3.16. Have you personally reviewed the requirements for the proposed services?*
☐ Yes
☐ No
*Response required
3.17. Did you attend the Pre-Proposal Conference if any such conference was held?
☐ Yes
☐ No
3.18. Have you ever failed to complete any work awarded to you? If so, state when, where and why:*
*Response required
3.19. State the names, addresses and the type of business of all firms that are partially or wholly owned by
Proposer:
3.20. Attach a financial statement including Proposer's latest balance sheet and income statement showing
the following items: a) Current Assets b) Net Fixed Assets c) Other Assets d) Current Liabilities e)
Other *
Note that financials are exempt in Florida statutes from public record disclosure and will confidential.
*Response required
3.21. State the name of the firm preparing the financial statement and its date:*
*Response required
3.22. Is this financial statement for the identical organization named on page one? *
☐ Yes
☐ No
Request For Qualification #25-014 Title: Request for Qualifications for Design Services for Chester Byrd Park Improvements
20
*Response required
3.23. If not, explain the relationship and financial responsibility of the organization whose financial
statement is provided (e.g., parent-subsidiary).
3.24. The Proposer acknowledges and understands that the information contained in response to this
Questionaire shall be relied upon by the City in awarding a contract and such information is
warranted by Proposer to be true. The discovery of any omission or misstatement that materially
affects the Proposer's qualifications to perform under the contract shall cause the City to reject the
proposal, and if after the award, to cancel and terminate the award, contract or both.*
☐ Please confirm
*Response required
4. REQUIRED FORMS
4.1. Anti-Human Trafficking Affidavit*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Anti-human_Trafficking_Exhi...
*Response required
4.2. Sworn Statement Under Section §287.133(3)(a), Florida Statutes on Public Entity Crimes*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Public_Entity_Crimes_Statem...
*Response required
4.3. Non-Collusion Affidavit*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
• Non-Collusion_Affidavit_for...
*Response required
4.4. Certification to Accuracy of Propsal*
Please download the below documents, complete and have notarized. An online notarization option will be
provided for you when responding.
DEP Agreement No. P5011
Rev. 6/28/24
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes:
1.Project Title (Project):Agreement Number:
Chester Byrd Park P5011
2.Parties State of Florida Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 (Department)
Grantee Name: City of Dania Beach Entity Type: Local Government
Grantee Address:
100 W. Dania Beach Boulevard, Dania Beach, FL 33004 FEID: 59-6000302
(Grantee)
3.Agreement Begin Date:Date of Expiration:
Upon execution June 30, 2027
4.Project Number: P25011
(If different from Agreement Number)
Project Location(s):
1021 SW 12th Avenue, Dania Beach, FL 33004
Project Description: New - exercise equipment, fencing, landscaping, walking trail
Ren - Easketball court, Sicnic shelter, playground
5. Total Amount of Funding:
$200,000.00
Funding Source? Award #s or Line-Item Appropriations: Amount per Source(s):
܆ State ܆Federal Line Item #1829, GAA, FY2024-2025 $ 200,000.00
܆ State ܆Federal $
܆ State ܆Federal $
܆ Grantee Match $ 200,000.00
Total Amount of Funding + Grantee Match, if any: $ 400,000.00
6.Department’s Grant Manager Grantee’s Grant Manager
Name: Jeremy Pe Name: Cassi Waren
or successor or successor
Address:
Phone:
Email:
3900 Commonwealth Blvd.
Tallahassee, FL
32399-3000
850-245-2732
jeremy.pe@floridadep.gov
Address:
Phone:
Email:
100 W. Dania Beach Boulevard
Dania Beach, FL
33004
954-924-6800
cwaren@daniabeachfl.gov
7.The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
܆ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
܆ Attachment 2: Special Terms and Conditions
܆ Attachment 3: Grant Work Plan
܆ Attachment 4: Public Records Requirements
܆ Attachment 5: Special Audit Requirements
܆ Attachment 6: Program-Specific Requirements
܆ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with section 215.985, F.S.
܆ Attachment 8: Federal Regulations and Terms (Federal)
܆ Additional Attachments (if necessary):
܆ Exhibit A: Progress Report Form
܆ Exhibit B: Property Reporting Form
܆ Exhibit C: Payment Request Summary Form
܆ Exhibit D: Quality Assurance Requirements
܆ Exhibit E: Advance Payment Terms and Interest Earned Memo
܆ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 (State)
DEP Agreement No. P5011
Rev. 6/14/24
܆
܆ Exhibit H: Non-Profit Organization Compensation Form (State)
܆ Exhibit I: Forced Labor Attestation Form
܆ Additional Exhibits (if necessary):
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1):
Federal Award Identification Number(s) (FAIN):
Unique Entity Identifier (UEI):
Federal Award Date to Department:
Federal Award Project Description:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? ܆ Yes ܆N/A
IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless
another date is specified in the grant documents.
City of Dania Beach
Grantee Name
GRANTEE
By
(Authorized Signature) Date Signed
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee Date Signed
Mara Gambineri, Deputy Secretary of Land and Recreation
Print Name and Title of Person Signing
Additional signatures attached on separate page.
Ana M. Garcia, ICMA-CM, City Manager
10/18/2024Ana M. Garcia Digitally signed by Ana M. Garcia
Date: 2024.10.18 09:38:50 -04'00'
Attachment 1
1 of 14
Rev. 10/1/2024
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee’s forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties’ records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee’s match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
Attachment 1
2 of 14
Rev. 10/1/2024
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory
performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will
be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department’s Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department’s termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
Attachment 1
3 of 14
Rev. 10/1/2024
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department’s Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf.
e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a
"rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee
may request from the Department that all invoice payments under this Agreement be directed to the relevant
county or municipality or to the RAO itself. The Department will agree to Grantee's request if:
i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or
"rural area of opportunity" under subsection 288.0656(2), F.S.;
ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.;
iii. Grantee's performance has been verified by the Department, which has determined that Grantee is
eligible for invoice payments and that Grantee's performance has been completed in accordance
with this Agreement's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments.
This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule,
or regulation. A current list of Florida's designated RAOs can be accessed at the following web address:
https://floridajobs.org/community-planning-and-development/rural-community-programs/rural-areas-of-
opportunity.
f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
Attachment 1
4 of 14
Rev. 10/1/2024
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State’s the contract tracking system and maintained pursuant to section 215.985, F.S., and must be
posted on the Contractor’s website, if Contractor maintains a website.
h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
j. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates.
l. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and
Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. For grants
funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000
or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200. The
Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the
purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and
ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its
subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
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price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a
copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department’s Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager’s
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant’s Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061,
F.S.
e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital
outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay
costing $10,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney’s fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
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that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department’s notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
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Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee’s business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days’ notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee’s control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
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arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee’s breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee’s obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee’s sole expense; and (3) assistance in defending the action at
Grantee’s sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee’s prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: 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, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee’s negligence, waive Department’s sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department’s liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department’s right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department’s right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
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22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, 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 following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or 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.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Development, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, 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 Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
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there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a “project funded by President Biden’s Bipartisan
Infrastructure Law” or “project funded by President Biden’s Inflation Reduction Act” as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
https://www.epa.gov/invest/investing-america-signage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
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Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department’s Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s
integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dos.myflorida.com/library-archives/records-management/general-records-schedules/).
29. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department’s Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form
number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website:
https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
Attachment 1
12 of 14
Rev. 10/1/2024
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department’s secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department’s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee’s employees, subcontractors, or agents access to meetings within the
Department’s facilities, unless the basis of Department’s denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Development at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
Attachment 1
13 of 14
Rev. 10/1/2024
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third-
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
37. Grantee’s Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
38. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
39. Compensation Report.
If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
40. Disclosure of Gifts from Foreign Sources.
If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current
or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in
section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest
existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years.
Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or
grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the
date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or
controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above,
then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the
Department of Financial Services.
41. Food Commodities.
To the extend authorized by federal law, the Department, its grantees, contractors and subcontractors shall give
preference to food commodities grown or produced in this state when purchasing food commodities, including farm
products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed
by a farm operation or processor for the purpose of marketing such product.
42. Anti-human Trafficking.
Attachment 1
14 of 14
Rev. 10/1/2024
If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an
officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for
labor or services as defined in section 787.06, F.S.
43. Iron and Steel for Public Works Projects.
If this Agreement funds a “public works project” as defined in section 255.0993, F.S., or the purchase of materials to
be used in a public works project, any iron or steel permanently incorporated in the Project must be “produced in the
United States,” as defined in section 255.0993, F.S. This requirement does not apply if the Department determines
that any of the following circumstances apply to the Project:
(1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably
available, or of satisfactory quality;
(2) the use of iron or steel products produced in the United States will increase the total cost of the project by more
than twenty percent (20%); or
(3) complying with this requirement is inconsistent with the public interest.
Further, this requirement does not prevent the Contractor’s minimal use of foreign steel and iron materials if:
(1) such materials are incidental or ancillary to the primary product and are not separately identified in the project
specifications; and
(2) the “cost” of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%)
of the total Project Cost under this Agreement or $2,500, whichever is greater.
Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other
appurtenances related to an electrical system that are necessary for operation or concealment (excepting
transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from
the requirements of this paragraph.
This provision shall be applied in a manner consistent with and may not be construed to impair the state’s
obligations under any international agreement.
44. Complete and Accurate information.
Grantee represents and warrants that all statements and information provided to DEP are current, complete, and
accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits.
45. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 2
1 of 3
Rev. 7/08/24
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. P5011
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply.
1.Scope of Work.
The Project funded under this Agreement is Chester Byrd Park. The Project is defined in more detail in Attachment
3, Grant Work Plan.
2.Duration.
a.Reimbursement Period. The reimbursement period for this Agreement begins the first day of the fiscal year for
in which the agreement was entered in to, through the date of expiration.
b.Extensions. There are no extensions available for this Project.
c.Service Periods. Additional service periods are not authorized under this Agreement.
3.Payment Provisions.
a.Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b.Invoicing. Invoicing will occur as indicated in Attachment 3.
c.Advance Pay. Advance Pay is not authorized under this Agreement.
4.Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
܈ ܈ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
܈ ܈ a.Fringe Benefits, N/A.
܈ ܈ b.Indirect Costs, N/A.
܈ ܈ Contractual (Subcontractors) տտTravel, in accordance with Section 112, F.S.տտEquipment
܈܈Rental/Lease of Equipment
܈܈Miscellaneous/Other Expenses տտLand Acquisition
5.Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6.Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7.Match Requirements
The Agreement requires at least a 50 percent match on the part of the Grantee. Therefore, the Grantee is responsible
for providing $200,000 through cash or third party in-kind towards the project funded under this Agreement.
The Grantee may claim allowable project expenditures made on July 1, 2024 or after for purposes of meeting its
match requirement as identified above.
Attachment 2
2 of 3
Rev. 7/08/24
Each payment request submitted shall document all matching funds and/or 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.
8.Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a.Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b.Commercial Automobile Insurance.
If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c.Workers’ Compensation and Employer’s Liability Coverage.
The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
d.Other Insurance. None.
9.Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10.Retainage.
No retainage is required under this Agreement.
11.Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department’s
Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed
under this Agreement.
12.State-owned Land.
The work will not be performed on State-owned land.
13.Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14.Common Carrier.
a.Applicable to contracts with a common carrier – firm/person/corporation that as a regular business
transports people or commodities from place to place. If applicable, Contractor must also fill out and
return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section
908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
Attachment 2
3 of 3
Rev. 7/08/24
b. Applicable to solicitations for a common carrier – Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity
This agreement does not provide federal or state financial assistance to a county or municipality that is a rural
community or rural area of opportunity as those terms are defined in s. 288.0656(2).
16. Additional Terms.
None.
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Attachment 4
1 of 1
Rev. 4/8/2024
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution and section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term “contract” means the “Agreement.” If Grantee is a “contractor” as
defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department’s custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services@floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 5
1 of 7
BGS-DEP 55-215 revised 11/8/2022
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the 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 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, 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 (CFO) 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 2 CFR
§200.330
1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this
Attachment 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 in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, 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 federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https://sam.gov/content/assistance-listings.
Attachment 5
2 of 7
BGS-DEP 55-215 revised 11/8/2022
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the 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.
2. 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(8), 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.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), 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 $750,000 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.cfm, State of Florida’s website at http://www.myflorida.com/,
Department of Financial Services’ Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/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
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5
3 of 7
BGS-DEP 55-215 revised 11/8/2022
By Mail:
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 which can
be found at http://harvester.census.gov/facweb/
2. 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 one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Auditor General’s Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. 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 one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
4. 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 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
Attachment 5
4 of 7
BGS-DEP 55-215 revised 11/8/2022
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (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 three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
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Attachment 6
1 of 3
Rev. 8/19/2021
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM SPECIFIC REQUIREMENTS
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
ATTACHMENT 6
1. Project Submittal Forms.
Administrative Forms, Reimbursement Forms, and Guidelines referenced in this Agreement may be found at
https://floridadep.gov/lands/land-and-recreation-grants/content/frdap-assistance, or by contacting the Department’s
Grant Manager.
2. Notice to Commence.
Prior to commencement of the Project, the Grantee shall submit to the Department for approval all documentation and
completion of responsibilities listed on the Commencement Documentation Checklist, DRP-107. Upon satisfactory
approval by the Department, the Department will issue written “Notice to Commence” to the Grantee to commence
the Project. The Grantee SHALL NOT proceed until the Department issues the “Notice to Commence.” Until
the Department issues the “Notice to Commence,” the Department is not obligated to pay or reimburse Grantee for
fees, costs, or general expenses of any kind that were incurred prior to the “Notice to Commence,” except for Pre-
Agreement Expenses as more fully described in subsection 62D-5.054(34), F.A.C.
3. Site Plans.
Project site facilities must be attractive for public use and compatible with the environment. Plans and specifications
for Project site improvements and facilities must be in accordance with current engineering and architectural standards.
The Grantee should emphasize the health and safety of users, accessibility to the general public, and the protection of
the recreational and natural values of the area. The Grantee may alter a conceptual site plan only after written
approval by the Department.
The Grantee shall have final site plans (site, engineering, and architectural) prepared for the Project and sealed by a
registered architect or engineer licensed in accordance with the laws of the State of Florida (collectively the “Project
Plans”). The Grantee must deliver a complete original, signed, and sealed set of the Project Plans to the Department
before the Department will issue final reimbursement.
4. Project Completion.
All work under this Agreement must be completed no later than 60 days before the expiration date of the Agreement,
known as the “Project Completion Date.” The Department may require the Grantee to do additional work before
designating the Project “complete.” If the Project has not been designated as complete by the Department by midnight
of the Date of Expiration, the Project funds will revert to the revenue fund from which they were appropriated
(paragraph 62D-5.058(7)(a), F.A.C.).
5. Project Completion Certification.
To certify completion, the Grantee will submit to the Department the Project Completion Certification, DRP-112,
available online and incorporated herein by reference. The Project must be designated complete prior to the
Department releasing final reimbursement. The Department shall designate the Project complete upon receipt and
approval of all deliverables and when Project site is open and available for use by the public for outdoor recreation
purposes. The Department will release the retainage when the Department approves the Completion Documentation
set forth in paragraph 62D-5.058(7)(d), F.A.C. The final payment of the retained amount will be processed within
thirty (30) days of the Project designated complete by the Department.
6. The following modifies paragraph 8.d, Attachment 1, Standard Terms and Conditions:
a. Reimbursement for Costs.
Project Costs will be reimbursed as provided in paragraph 62D-5.058(2)(a), F.A.C., and in the Project Agreement.
The Grantee is eligible for reimbursement, in whole or in part, for Department-approved Pre-Agreement Expenses
Attachment 6
2 of 3
Rev. 8/19/2021
and, if applicable, costs associated with Retroactive Projects, through the Project Completion Date of this
Agreement. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the
completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall
be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, cost(s) must meet
all FRDAP requirements, financial reporting requirements, and rules and regulations applicable to expenditures
of state funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed
at the following web address:
https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf.
i. Pre-Agreement Expenses. Pursuant to subsection 62D-5.054(34), F.A.C., Pre-Agreement Expenses means
expenses incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full execution of
the Project Agreement. Parties hereby acknowledge and agree, Grantee is entitled to submit for cost-
reimbursement eligible Pre-Agreement Expenses, which are expenses Grantee incurred for the
accomplishment of the Project prior to full execution of this Agreement.
7.The following is added to paragraph 8, Attachment 1, Standard Terms and Conditions:
k. Project Costs. The Department will reimburse Project costs pursuant to paragraph 62D-5.058(2)(a), F.A.C., and
as provided herein. Project costs, except for Pre-Agreement Expenses, shall be incurred between the effective
date of the Agreement, and the Project Completion Date as set forth in the Project Completion Certification
determined and identified herein. If the total cost of the Project exceeds the grant amount and the required match
(if applicable), Grantee must pay the excess cost.
l. Cost Limits. Pursuant to paragraphs 62D-5.058(2)(a) and (b), F.A.C., project planning expenses, such as
application preparation, surveys (boundary and topographic), title searches, project signs, architectural and
engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided
that such costs do not exceed fifteen percent (15%) of the total Project cost.
8.The following hereby replaces paragraph 8.h, Attachment 1, Standard Terms and Conditions:
h. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is
contingent upon an annual appropriation from the Recommended Application Priority List by the Florida
Legislature. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates
appropriations. It is further understood that Grant Awards may be revised by the Department due to the
availability of FRDAP program funds.
9.The following replaces paragraph 10, Attachment 1, Standard Terms and Conditions:
Status Reports.
a. The Grantee must utilize, Project Status Report Form, DRP-109, available online and incorporated herein by
reference, to describe the work performed during the reporting period, problems encountered, problem
resolutions, schedule updates and proposed work for the next reporting period. The Project Status Reports must
be submitted to the Department’s Grant Manager no later than January 5, May 5, and September 5. The
Department's Grant Manager has thirty (30) calendar days to review the required reports and deliverables
submitted by the Grantee.
b. Additionally, the Grantee shall comply with the reporting and inventory requirements set forth in the Statewide
Comprehensive Outdoor Recreation Plan (SCORP), available online: https://floridadep.gov/parks/florida-scorp-
outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation
Inventory (FORI) system (https://floridadep.gov/parks/florida-outdoor-recreation-inventory).
10. Site Dedication.
a. Land owned by the grantee and developed or acquired with FRDAP funds must be dedicated in perpetuity as an
outdoor recreational site for the use and benefit of the general public in accordance with Rule 62D-5.059, F.A.C.
Land under control other than by ownership of the Grantee such as by lease, must be dedicated as an outdoor
recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from
the Project Completion Date as set forth in the Project Completion Certificate. The dedications must be recorded
in the county’s public property records by the Grantee. Execution of this Agreement by the Department constitutes
an acceptance of a Project site(s) dedication on behalf of the general public of the State of Florida.
b. Should the Grantee’s interest in the land change, either by sale, lease, or other written legal instrument, the Grantee
is required to notify the Department in writing of the change no later than ten (10) days after the change occurs,
Attachment 6
3 of 3
Rev. 8/19/2021
and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as
set forth in this Agreement.
11. Management of Project Sites.
a. Site Inspections. Grantees must ensure by site inspections that facilities on the Project site are being operated and
maintained for outdoor recreation for a minimum period of twenty-five (25) years from the Project Completion
Date set forth in the Project Completion Certificate. The Project site must be open at reasonable times and must
be managed in a safe and attractive manner.
b. Non-Compliance. The Department will terminate an agreement and demand return of the program funds
(including interest) for non-compliance if a Grantee fails to comply with the terms stated in with the Agreement.
If the Grantee fails to comply the Agreement, the Department will declare the Grantee ineligible for further
participation in FRDAP until such time as the Grantee comes into compliance.
c. Public Accessibility. All facilities must be accessible to the public on a non-exclusive basis, without regard to
age, sex, race, religion, or ability level.
d. Entrance Fees. Reasonable differences in entrance fees for other FRDAP projects may be allowed on the basis
of residence, but only if the Grantee can clearly show that the difference in entrance fees reflects, and is
substantially related to, all economic factors related to park management, and it is not simply related to the
amount of tax dollars spent by the residents for the park; and that a definite burden on the Grantee in park
maintenance costs clearly justifies a higher fee for nonresidents.
e. Native Plantings. In developing a FRDAP project with program funds, the Grantee must primarily use
vegetation native to the area, except for lawn grasses.
f. The Grantee will obtain Department approval prior to any current or future development of facilities on the Project
Site(s), which is defined in subsection 62D-5.054(46), F.A.C. This Agreement is not transferable.
12. Procurement Requirements for Grantee.
The Grantee must secure all goods and services for the Project according to its adopted procurement procedures.
13. Signage.
The Grantee must erect a permanent information sign on the Project site that credits funding (or a portion thereof) to
the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program.
The sign must be made of appropriate materials, which are durable for a minimum of twenty-five (25) years after the
Project is complete. The sign must be installed on the Project site and approved by the Department before the
Department processes the final Project reimbursement request.
14. Termination and Ineligibility.
In addition to the remedies provided elsewhere in this Agreement, if the Grantee fails to comply with the terms stated
in this Agreement or with any provisions in Rule Chapter 62D-5, F.A.C., the Department will terminate this
Agreement and demand return of the program funds (including interest). Furthermore, the Department will declare
the Grantee ineligible for further participation in FRDAP until the Grantee complies. Further, the Grantee agrees to
ensure that all necessary permits are obtained prior to implementing any Grant Work Plan activity that may fall under
applicable federal, state, or local laws.
15. Conversion.
The Project Site acquired and/or developed with FRDAP assistance must be retained and used for public outdoor
recreation. Should the Grantee, within the periods set forth in subsections 62D-5.059(1) and (2), F.A.C., convert all
or part of the Project site to other than public outdoor recreational uses, the Grantee must replace the area, facilities,
resource, or Project site at its own expense with an acceptable project of comparable scope, and quality.
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_______________________
Florida Department of Environmental Protection
(;+,%,7&
3$YMENT REQUEST 6800$5<)250
Required Signatures: Adobe Signature
Date:
Grantee Project Name and Number
Billing Period: Billing #:
DEP Division: DEP Program:
Project Costs This Billing Cumulative Project Costs
Contractual Services
DRP-116
Grantee Labor
DRP-117
Employee Benefits
( % of Salaries)
Direct Purchases: Materials & Supplies
DRP-118
Grantee Stock
DRP-120
Equipment
DRP-119
Land Value
Indirect Costs
(15% of Grantee Labor)
TOTAL PROJECT COSTS $$
CERTIFICATION: I hereby certify that the above expenses were incurred for the work being
accomplished in the attached progress reports.
Project Administrator Date
CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the
project expenses as reported above and is available for audit upon request.
__________________________________________ _______________________
Project Financial Officer Date
DRP-115 (Effective 06-19-2015)Page 1 of
0.00 0.00
EXHIBIT “A”
PROPOSER'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made below:
Check One
Submitted By: Corporation
Name: Partnership
Address: Individual
City, State, Zip Other
(describe)
Telephone No.
Fax No.
Email
State the true, exact, correct and complete name of the partnership, corporation, trade or other
name under which you do business and the address of the place of business.
The full legal name of the Proposer is:
The address of the principal place of business is:
1. If Proposer is a corporation, answer the following:
Date of Incorporation:
State of Incorporation:
President's name:
Vice President's name:
Secretary's name:
Treasurer's name:
Name and address of Resident Agent:
2. If Proposer is an individual or a partnership, answer the following:
Date of organization: ________________
Name, address and ownership percentage units of all partners:
State whether general or limited partnership and confirm it is registered to do business in Florida:
3. If Proposer is other than an individual, corporation or partnership, describe the organization
and give the names and addresses of principals:
4. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute.
5. How many years has your organization been in business under its present business name?
a) Under what other former names has your organization operated?
6. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFP. Please attach certificate of competency and state registration.
7. Have you personally reviewed the requirements for the proposed services?
YES NO
8. Do you have a complete set of documents, including drawings and addenda?
YES NO
9. Did you attend the Pre-Proposal Conference if any such conference was held?
YES NO
10. Have you ever failed to complete any work awarded to you? If so, state when, where and why:
11. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of services which you have performed and to which you refer (government owners are preferred as references).
Name Address Telephone
12. List the pertinent experience of the key individuals of your organization (continue with an additional sheet, if necessary).
13. State the name and title of the individual who will have responsibility relating to the services:
14. State the name and address of attorney or law firm, if any, for the business of the Proposer:
15. State the names and addresses of all businesses and individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business:
16. State the names, addresses and the type of business of all firms that are partially or wholly owned by Proposer:
17 State the name of the Surety Company which will be providing the bond, and name and address of agent:
18. Bank References:
Bank Address Telephone
19. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items:
a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and bonds,
equipment, furniture and fixtures, inventory and prepaid expenses)
b) Net Fixed Assets
c) Other Assets
d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses,
provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes)
e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings).
20. State the name of the firm preparing the financial statement and its date:
21 Is this financial statement for the identical organization named on page one?
YES NO
22. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary).
The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by the City in awarding a contract and such
information is warranted by Proposer to be true. The discovery of any omission or misstatement
that materially affects the Proposer's qualifications to perform under the contract shall cause the City to reject the proposal, and if after the award, to cancel and terminate the award, contract or both.
Signature
Print Name
Title
Date STATE OF )
COUNTY OF ________________ ) BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on
_________________ as _________________, of ___________________, an organization authorized
to do business in the State of Florida, and acknowledged and executed the foregoing Statement as the
proper official of _______________________ for the use and purposes mentioned in it and affixed the
official seal of the entity, and that the instrument is the act and deed of that entity. He/she is personally
known to me or has produced __________________________ as identification.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and
County aforesaid on this _____ day of _________________, 2024.
Notary Seal Signature of Notary Public
Printed Name of Notary Public
EXHIBIT “D” DRUG-FREE WORKPLACE CERTIFICATION FORM Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are
received by the CITY OF DANIA BEACH for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program,
a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for working
on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee’s community by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of Section 287.087, Florida Statutes.
This Certification is submitted by the
(PRINT Name of Authorized Agent) of (Title) (Proposer Name) who does certify that said Company has implemented a drug-free workplace program, which meets the
requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above.
Date Signature
EXHIBIT “E”
ACKNOWLEDGMENT OF ADDENDA
The Proposer acknowledges the receipt of the following addenda issued by the City and
incorporated into and made part of the RFP. In the event the Proposer fails to include any such
addenda in the table below, submission of this form shall constitute acknowledgment of receipt of
all addenda, whether or not received by the Proposer.
ADDENDUM
NUMBER
DATE
RECEIVED
PRINT NAME
TITLE
SIGNATURE
(BLUE INK ONLY)
October 17, 2025
Page 1 of 13
October 17, 2025
Ms. Ana M. Garcia, City Manager
C/O: Ms. Cassi Waren, Director of Parks & Recreation Dept.
City of Dania Beach
100 W Dania Beach Boulevard
Dania Beach, FL 33004
RE: Chester Byrd Park Improvements (CGA No.: 25-8509)_REV01
Dear Ms. Garcia:
The City of Dania Beach (City) has expressed a desire to improve Chester Byrd Park
with the replacement and upgrade of the site facilities. This proposal provides
services to carry the project from concept design through to construction. All work
outlined and included in this proposal shall be limited to the project site areas, as
described herein.
PROJECT BACKGROUND
Chester Byrd Park is a developed, 1.73-acre neighborhood park located at 1021 SW
12th Avenue, Dania Beach, FL 33004. The park is bounded by J.A. Ely Blvd on the
west side, Phippen Waiters Road on the east side, residential single-family houses on
the north, and a cemetery on the south side. The park's current amenities consist of
the following.
• Basketball court
• Fencing
• Playground and swing set
• Park signage
• Litter receptacles
• Outdoor exercise equipment
• Fire hydrant (fronting Phippen Waiters Road right-of-way)
• Sidewalk on the east and west perimeter boundaries
• Internal asphalt walkway
• Sod areas
The proposed improvements that are to occur in the +/- 1.73-acre area will include
the following, per the request from the City:
October 17, 2025
Page 2 of 13
1. Renovated playground and play structures, to include slides, swings with buckets (1 ADA),
open structures, no zipline
2. Renovated basketball court
3. Renovated BBQ area
4. Pass-through internal driveway with parking
5. Splash Pad infrastructure (splash pad to be installed in a future phase)
6. Stand-alone Restroom infrastructure (Restroom to be installed in a future phase)
7. Solar-powered lighting as the site standard, to be placed along perimeter of the park only
8. Conduit infrastructure for future CCTV cameras
9. Tie into the public sidewalk on the NE corner
10. Provide play turf under exercise stations, tent and play areas
11. Maintain or relocate existing park monument sign
12. Sitting areas, exercise stations, and pedestrian connectivity throughout the park
13. One (1) small pavilion with picnic table
14. Perimeter fencing
15. Landscaping and irrigation improvements
The City has stated that their construction budget is limited to $1.25 million.
SCOPE OF SERVICES
The scope of services is for the professional surveying, landscape architecture and engineering services
for design, permitting, bidding and limited construction services for the noted improvements.
CGA will retain sub-consultant for the following disciplines:
• Geotechnical Engineering Services – analysis of existing soils bearing and drainage capacities
• Sub-Surface Utility Investigations – location of sewer and water utilities, include soft-digs to
confirm existing utilities’ depths (Allowance will be provided to be used only if needed)
Specific tasks for the park renovation’s survey, schematic design, permitting, construction documents
and bidding services are listed in each task as follows.
Task 1 – Park Site Surveying Services
• Boundary Survey
o CGA will perform a field survey of the subject property in order to prepare a Map of
Boundary and Topographic Survey. The survey will be prepared in accordance with
the Standards of Practice requirements for Surveying and Mapping in the State of
Florida as set forth by Chapter 5J-17 of the Florida Administrative Code, pursuant to
Florida Statues Chapter 472. All boundary corners will be found or set and
discrepancies (if any) between field measured values and record values will be noted.
A survey report will be provided that will include the legal description, flood zone
information for the subject property and other pertinent survey information. In
addition, any encumbrances or easements that may affect the parcels will be
October 17, 2025
Page 3 of 13
graphically shown on the Map of Boundary Survey (as provided to CGA via a current
title commitment or recorded instrument by the client or their agent).
• Topographic Survey
o Location of all above-ground improvements within the parcel with horizontal locations
and vertical elevations being obtained for such items as sidewalks, edge of pavement,
concrete curb, buildings, parking lot striping, fences, driveways and visible above-
ground utilities.
o Visible above ground utilities refer to the visible structures (e.g., manholes, valve
boxes, inlets, risers etc.) typically associated with storm drainage, sanitary sewer,
potable water, electric, gas, telephone and cable television.
o Establishment of six (6) vertical control points relative to the North American Vertical
Datum of 1988 (NAVD 88)
• Tree Survey
o Existing trees within the site with a diameter at breast height equal to or greater than 2
inches will be located and tagged with an identification number. The size and common
name of each tree located will be identified via a unique symbol for each tree as shown
on the Map of Boundary and Topographic Survey. An inventory matrix sheet will be
created which will include the tag number, identification, (scientific and common
name), canopy, spread, height and condition of tree.
Task 2 – Geotechnical Engineering Services
• Four (4) Standard Penetration Test (SPT) boring in general accordance with ASTM D-1586
specifications to a depth of 15-feet at a location provided by the CGA.
• Two (2) South Florida Water Management District (SFWMD) usual type open-hole
exfiltration test to a depth of 15-feet each in an effort to measure the hydraulic conductivity of
the existing soils at specific test locations for site drainage evaluation by others, and
• Two (2) Double Ring Infiltrometer test (six-hour test duration or stabilization) to analyze the
drainage capabilities of the existing soils to facilitate retention areas.
Task 3 - Type D Utility Investigation
• Conduct utility records research to identify existing utility owners/operators within the project
limits.
• Obtain available utility records, plans, maps, and as-built drawings from City Staff, utility
owners/operators, and other sources like one-call centers, county records, visual site
inspections, etc.
• Compile all obtained utility records into a comprehensive set of utility drawings/data for the
project area.
• Depict all utilities at Quality Level D (QL-D) based solely on the existing utility records, with
unknown horizontal and vertical accuracy.
• No field locating or physical verification of utilities is performed as part of QL-D.
• Identify discrepancies, missing information, or utilities not depicted in the records.
October 17, 2025
Page 4 of 13
• Provide recommendations for additional investigation using higher quality levels (QL-A, B or
C) to resolve discrepancies or locate critical utilities.
Task 4 – Schematic Design
• CGA will attend one (1) preliminary site visit to observe existing conditions and assess
potential design integration with surrounding spaces.
• After the site visit, CGA will attend one (1) kick-off meeting with the Client to discuss the
project, desired design elements, and to review the project schedule.
• CGA will work closely with City Staff (specifically those responsible for steering and guiding
the design and development decisions) to develop one (1) schematic plan alternatives that
identify the size, location and metrics of the components to be included in the design
solutions. CGA will develop the designs under Staff direction.
• CGA will conduct a preliminary design review of the draft schematic design package with
City Staff to solicit feedback and direction.
• The City’s Project Manager will provide a consolidated list of Client comments to be
incorporated into one final schematic design document. CGA will review and incorporate
input received from the City as a basis for developing the Final Schematic Design Documents.
• Final Schematic Design and Review Milestone
o CGA and any applicable sub-consultants will further refine and develop the final
selected schematic design document in preparation for submission to the City for final
approval of the schematic design. The final schematic design will be represented with
design documents that may include preliminary diagrams and rendered plans to
illustrate overall vision, character, and materials to further communicate the vision for
the project.
Task 5 – Construction Drawings and Specifications
• CGA shall provide drawings at the 75% (Permit Set), and 100% (Bid/Construction Set) design
milestones for City review and comment at each critical milestone.
o The drawings will be prepared with industry-accepted guidelines for the production of
construction drawings on 24x36” sheets at appropriate scales. This submission will
include the following technical drawings:
G-Sheets (General)
• Cover, Index, Standard Abbreviations, Project Map, Revision Log and
General Notes
V-Sheets (Existing Conditions)
• Topographical Survey
D-Sheets (Demolition Work)
• Site Demolition Notes and Plans
• Tree and Palm Preservation Notes, Schedules, and Plans
• Tree and Palm Disposition Notes and Plans
SP-Sheets (Site Work)
• Site Plans (Notes, Schedules, Design, Materials, Dimensions)
October 17, 2025
Page 5 of 13
• Drainage Notes
• Grading and Drainage Plans
• Lighting and Photometric Plans
SD-Sheets (Site Details)
• Overall Site Sections
• Detailed Site Sections
• Paving and Edging Details
• Furnishing Details
• Enlargement Plans
• Specific Design Component Detailing
L-Sheets (Landscape Planting)
• Landscape General Notes
• Tree and Palm Receptor Notes, Plans and Schedules
• Proposed Planting Plans
• Typical Planting Details
IR-Sheets (Irrigation Design)
• Irrigation Notes
• Irrigation Plans
• Irrigation Typical Details
o Cost Estimate: CGA will prepare a cost estimate identifying elements, quantities
breakdown and opinion of market costs for each, reflecting unit costs for components at
the time that it is drafted. The cost estimate will include a 20% contingency add-on.
o Quality Assurance/Quality Control peer-review and constructability review at each level
of development.
• Specific work tasks included in the preparation of the plans include:
o Prepare drainage calculations and report for submittal to Broward County Surface Water
Management Division.
o Coordinate with FPL for new/upgraded electrical service.
o Anticipated water and sewer calculations for future restroom demands.
o Submission of the construction drawings to the City for review. Once comments are
received, CGA will meet with the City one (1) time to discuss the comments. Following
the comment-review meeting with the City, CGA will address reasonable review
comments as part of the final construction drawings.
o Technical specifications will not be completed as part of this scope of services. Design
requirements will be reflected in the construction plans as notes and details. The
Construction Contract or "Front End" documents will be provided by the City and
reviewed by the Consultant for conformance with the specifications and design plans.
Task 6 – Permitting
• CGA shall prepare permit applications for the improvements proposed in this work order for
submittal to the permitting agencies at the same time as the 90% design submittal. Permit fees
will be paid by the City. CGA will submit permits to and respond to requests for information
October 17, 2025
Page 6 of 13
(RFIs) from the permitting agencies associated with the necessary permits. Generally, we
anticipate the following permits to include:
o Building Permit: Permitting Agency – City Department.
o Tree Removal/Relocation Permit: If any existing trees need to be removed or relocated
to accommodate the requested improvements, a tree permit may be necessary.
o Right-of-Way Permit: Permitting Agency – City Department.
• Additional potential agencies that are anticipated:
o Broward County Environmental Engineering and Permitting Division - Surface Water
Management Program
Task 7 – Bidding Services
• CGA shall revise the design documents and furnish to the City’s Purchasing Division the Bid
Set bidding documents.
• City shall be responsible for setting the bid opening date, advertisement of the bid, producing
and distributing bid documents, and scheduling the pre-bid meeting.
• CGA will deliver electronic copies of the Contract Documents for the City to post on the
City’s web site, including a Bid Form
• CGA will attend the pre-bid meeting with the City.
• CGA shall prepare responses to written questions from registered holders of bidding
documents during the bid phase to be issued by the City via addenda and will furnish to the
City’s purchasing department and project manager for posting on the City’s web site.
• After bids are received, the City will prepare bid tabulation and the CGA will assist the City in
determining the lowest, responsive, responsible bidder and make a recommendation to the
City on award of the contract.
Task 8 – Construction Administration
• Attend the Pre-Construction Meeting
o CGA will attend and participate in one (1) pre-construction meeting with City Staff
and contractor/sub-contractors. City to prepare the agenda, meeting minutes
preparation and distribution.
• Limited Construction Site Observations
o Provide up to 20 hours of construction observations to issue a final Certification for the
project.
o CGA will issue interpretations and clarifications to request for information (RFIs) of
the Contract Documents and evaluate requested deviations from the approved design
or specifications.
o CGA will review and process shop drawings, samples and other data which the
Contractor is required to submit.
o Substantial Completion and Final Walk-Through: The CGA team will participate in
one (1) Substantial Completion and one (1) Final Inspection site walk through with the
Contractor and Staff.
October 17, 2025
Page 7 of 13
o CGA will contribute to the City’s punch list of the findings and comments issued at the
Substantial Completion and Final Inspection walk-through(s).
o CGA will conduct final reviews of as-builts and record drawings as prepared and
submitted by the contractor/sub-contractor. This is limited to two (2) reviews for each
type of as-built. Additional as-built reviews beyond the number identified may require
an additional fees agreement.
EXCLUSIONS
The following services are NOT included in this proposal and will be considered Additional Services,
which will be addressed in a separate contractual agreement, including but not limited to:
• DRC Presentation and materials thereby needed
• Environmental research, coordination, and permitting-associated efforts.
• No traffic study or traffic data collection services are included.
• No offsite work or design beyond the immediate ROW frontages is included.
• Coordination or processing through any agency for funding purposes.
• Presentation materials beyond those listed in the scope. CGA will prepare presentation materials
for required approvals and will share work-in-progress with the Client during project
coordination meetings.
• Meetings and presentations beyond those listed in the scope.
• Physical models.
• Art and programing planning and curation.
• Security design and consulting.
• Waterproofing engineering.
• Construction As-built drawing preparation (CGA to review as-built drawings prepared by
others)
• Client initiated changes necessitated by a change on a previous instruction or approval given by
the Client or a material change in the Project including, but not limited to size, quality,
complexity, schedule, budget of work resulting on an increase of the scope, or procurement or
delivery method.
• Any work that extends beyond the schedule and timeframe for delays beyond the control of the
CGA, not including delays resulting from "Acts of God".
• Sub-surface Utility exploration (An allowance is provided only in case it is needed)
• Archeological and historical evaluations.
• Environmental contamination evaluations.
• Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire pumps),
fire protection, environmental assessment, power, gas, telephone, cable television, site lighting
services.
• Calculations of off-site flood stages.
• Construction quality control inspections.
• Off-site engineering and negotiations for off-site easements.
• Professional services required due to conditions different from those itemized under the Scope
of Services or due to events beyond the control of CGA.
October 17, 2025
Page 8 of 13
BASIS OF PROPOSAL
• Any opinion of the construction cost prepared by Calvin, Giordano & Associates, Inc.
represents its judgment as a design professional and is supplied for the general guidance of the
CLIENT since Calvin, Giordano & Associates, Inc. has no control over the cost of labor and
material, or over competitive bidding or market conditions. Calvin, Giordano & Associates,
Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual
cost to the CLIENT.
• Any outside engineering services, studies, or laboratory testing not specifically mentioned in
the Scope of Services will be the responsibility of the CLIENT. All municipal, permit, and
agency fees as well as Title Certificates will be paid by the CLIENT.
• Basic services outlined within this proposal shall be considered complete when the project plans
are submitted to the regulatory agencies for Certification.
• Calvin, Giordano & Associates, Inc. is performing the consultant services set forth in this
Agreement strictly as a professional consultant to CLIENT. Nothing contained in this
Agreement shall create any contractual relationship between Calvin, Giordano & Associates,
Inc. and any contractor or subcontractor performing construction activities on the project, or
any of CLIENT’s other professional consultants.
• Calvin, Giordano & Associates, Inc. shall not be responsible for the contractor’s schedules or
failure to carry out the construction in accordance with the construction documents. Calvin,
Giordano & Associates, Inc. shall not have
control over or charge of acts or omissions of the contractor, subcontractors, or their agents or
employees, or of any other persons performing portions of the construction.
• Calvin, Giordano & Associates, Inc. will require that all consultants carry proper insurance,
including professional liability insurance, if appropriate.
• Permit construction certification will include one partial and one final inspection.
ADDITIONAL FEES
The following services are NOT included in this proposal and will be considered Additional
Services, which will be addressed in a separate contractual agreement. The services include but are
not limited to:
• Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire pumps),
fire protection, geotechnical and testing, environmental assessment, power, gas, telephone,
cable television, site lighting services.
• Calculations for needed fire flow for site demands, based on building type use and size, if
required.
• Calculations of off-site flood stages.
October 17, 2025
Page 9 of 13
• Construction quality control inspections.
• Off-site engineering and negotiations for off-site easements, if required (other than as specified
in the Scope of Services).
• Permit application or negotiation with permitting authorities other than those specifically listed
herein.
• Preparation of construction contract documents, other than drawings and technical
specifications (e.g., bid schedule, project manual);
• Professional land surveying not included in the scope of services (i.e., buried utility
investigation, easement research, condominium documents, project stake- out and as-built
drawings).
• Professional services required due to conditions different from those itemized under the Scope
of Services or due to events beyond the control of Calvin, Giordano & Associates, Inc.
• Professional services required, due to changes in the site plan initiated by the CLIENT, their
representatives or other consultants (e.g., architects, landscape architects, etc.) after either
design or preparation of the construction drawings has commenced.
• Re-review of rejected shop drawings.
• Review and approval of Contractor pay requests.
• Review of Data supplied by the CLIENT (i.e. GIS data sets, databases, aerial images, etc.)
required for integration into this project.
• Review of shop drawings for contractor or Client selected alternatives, materials, products, etc.
• Special shop drawing annotation and modification to expedite shop drawing approval process.
• Updated boundary survey, site evaluation or closing assistance work, unless specified above.
REIMBURSABLE EXPENSES
Calvin, Giordano & Associates, Inc. and its consultants will be reimbursed for the printing of
drawings and specifications, deliveries, Federal Express services, required travel time and travel
expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval of
authorities having jurisdiction over the project, renderings, models and mock-ups required by
CLIENT, as required. Reimbursable expenses and sub-consultant invoices will be billed directly to
the CLIENT at a multiplier of 1.25.
MEETING ATTENDANCE
Due to the difficulties of predicting the number or duration of meetings, no meetings other than those
listed above, are included in the Schedule of Fees shown below.
Preparation for and meeting attendance, as necessary, will be provided on a time and materials basis
and will be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule.
October 17, 2025
Page 10 of 13
SCHEDULE OF FEES
Calvin, Giordano & Associates, Inc. will perform the Scope of Services for a lump sum fee as shown
in the proposed Schedule of Fees:
SCHEDULE OF FEES
• Task 1: Surveying and Site Documentation $ 15,187.00
• Task 2: Geotechnical Engineering Coordination $ 575.50
• Task 3: Type D Utility Investigation $ 5,503.50
• Task 4: Schematic Design $ 15,358.00
• Task 5: Construction Dwgs and Specs $ 45,446.00
• Task 6: Permitting $ 5,512.00
• Task 7: Bidding Services $ 2,826.50
• Task 9: Construction Inspections/RFIs/SDs $ 9,589.00
CGA CONTRACT TOTAL $ 99,997.50
REIMBURSABLE CITY-OWNED ALLOWANCES
In addition to the above professional fees, the following allowances are proposed to cover expenses
for sub-consultants services. These are funds that belong to the City and will only be used as needed,
per the notes provided. It is understood that any unbilled amount will revert to the City for use during
construction. All allowances shall require prior approval from City prior use, and all shall be
identified separately in billing invoices:
• Geotechnical Engineering Services $ 9,835.00
• Required Expenditure for site drainage, footings design, and load bearing
design needs
• Sub-surface Utility Engineering Services $ 5,390.00
• To be used only if existing utility information cannot be confirmed during
Task 3
CITY-OWNED ALLOWANCES TOTAL $ 15,225.00
TERMS OF THE AGREEMENT
• Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures on this
document that each party will not hire or attempt to hire any staff from the other party while
under contract together.
• Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans, specifications
and other documents as outlined in the scope of services for this Agreement for use in the
construction of this project, based upon design and construction criteria prepared and provided
by others, including but not limited to the CLIENT and CLIENT’s consultants. Calvin,
Giordano & Associates, Inc. is
not responsible for any errors and omissions in the aforesaid design and construction criteria
provided by others.
• CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano & Associates, Inc.’s
option, defend or pay for an attorney selected by Calvin, Giordano & Associates, Inc., to
defend Calvin, Giordano & Associates, Inc., its officers, agents, servants, and employees
October 17, 2025
Page 11 of 13
against any and all claims, losses, liabilities, and expenditures of any kind, including attorney
fees, any appellate attorney costs, court costs, and expenses, caused by, arising from, or related
to any acts, omissions or negligence of CLIENT or its consultants.
• CLIENT agrees to limit Calvin, Giordano, & Associates, Inc.’s liability for any and all claims
that CLIENT may assert on its own behalf or on behalf of another, including but not limited to
claims for breach of contract or breach of warranty, to the amount of fees paid to Calvin,
Giordano & Associates, Inc., pursuant to this Agreement.
• Drawings, specifications, and other documents and electronic data furnished by Calvin,
Giordano & Associates, Inc. in connection with this project are instruments of service. All
original instruments of service shall be retained by
Calvin, Giordano & Associates, Inc. and will remain their property, with all common law,
statutory and other reserved rights, including copyright, in those instruments. This information
provided in the instruments of service is proprietary and will not be shared with others without
prior written consent. The CLIENT may request reproducible copies, and all original
documents upon payment of all outstanding invoices, and expenses.
• In the event of termination in accordance with this Agreement or termination not the fault of
Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated
for services properly performed prior to receipt of notice of termination, together with
Reimbursable Expenses then due.
• Invoices for work accomplished to date will be submitted monthly and are payable within thirty
(30) days. The CLIENT will pay invoices upon receipt and understands interest charges of
1.5% per month will be applied to any unpaid balance past thirty (30) days. Calvin, Giordano
& Associates, Inc. may elect to stop work until payment is received. If work is stopped for
thirty (30) days or
more, Calvin, Giordano & Associates, Inc. may request compensation for start-up costs when
work resumes.
• PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL
EMPLOYEE OR AGENT OF CALVIN, GIORDANO & ASSOCIATES, INC. MAY NOT
BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY CLAIMS, DAMAGES,
LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO THE CONTRACT.
• The CLIENT or their representative shall be available to meet with Calvin, Giordano &
Associates, Inc. and provide decisions in a timely manner throughout the course of the project.
The CLIENT will provide all plans and other pertinent information, which are necessary for
Calvin, Giordano & Associates, Inc. to provide complete professional services as outlined in
this contract.
• The terms of Agreement shall be valid for the Client’s acceptance for a period of thirty (30)
days from the date of execution by Calvin, Giordano & Associates, Inc. after which time this
contract offer becomes null and void if not accepted formally (evidenced by receipt of an
executed copy of this document). All rates and fees quoted in this document shall be effective
for a period of six (6) months, after which time they may be renegotiated with the CLIENT.
• This Agreement may be terminated by either party upon not less than seven (7) days written
notice should the other party fail substantially to perform in accordance with the terms of this
Agreement through no fault of the party initiating the termination. Failure of CLIENT to make
payments to Calvin,
Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial
October 17, 2025
Page 12 of 13
nonperformance and cause for termination.
MISCELLANEOUS PROVISIONS
• CLIENT and Calvin, Giordano & Associates, Inc., respectively, bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement and to the
partners, successors, assigns, and legal representatives of such other party with respect to all
covenants of this Agreement. Neither CLIENT nor Calvin, Giordano & Associates, Inc. shall
assign this Agreement without written consent of the other.
• This Agreement represents the entire and integrated agreement between the CLIENT and
Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written instrument
signed by both Calvin, Giordano & Associates, Inc. and the CLIENT.
• Unless otherwise provided, this Agreement shall be governed by the law of the place where the
project is located.
TERMINATION OF THE AGREEMENT
• This Agreement may be terminated by either party upon not less than seven (7) days written
notice should the other party fail substantially to perform in accordance with the terms of this
Agreement through no fault of the party initiating the termination. Failure of CLIENT to make
payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be
considered substantial nonperformance and cause for termination.
• In the event of termination in accordance with this Agreement or termination not the fault of
Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated
for services properly performed prior to receipt of notice of termination, together with
Reimbursable Expenses then due.
We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates, Inc. is
prepared with the necessary manpower to proceed with the proposed scope of services upon receipt
of the executed authorization. Our personnel are committed to completing the project in a timely
manner. Please indicate your acceptance of this proposal by signing below and returning one
executed copy of the contract to this office. We look forward to working with you in making this
project a success.
Sincerely,
CALVIN, GIORDANO & ASSOCIATES, INC.
Gianno Feoli, PLA
Director of Landscape, Urbanism & Design
March 24, 2025
Page 13 of 13
COST OF THESE SERVICES ARE
CGA Professional Fees: $ 99,997.50
Reimbursable Allowances: $15,225.00
TOTAL Sum: $ 115,222.50
PLUS HOURLY, AS NOTED IN FEE BREAKDOWN
ACCEPTANCE OF CONTRACT
CALVIN, GIORDANO & ASSOCIATES, INC.
By: _________________________________________ Date:_____________
Name: Gianno A Feoli, PLA
Title: Director of Landscape, Urbanism & Design
CITY OF DANIA BEACH
By: _________________________________________ Date:_____________
Name: Ms. Ana M. Garcia
Title: City Manager
10/17/2025
Clerical
Prof. Land
Surveyor
Survey
Field Crew
(2-Person)
CADD
Technician Director
Sr. Project
Manager
(PE)
Engineer I
(EI)
CADD
Technician
Director/
Overall
Project Mgr
Landscape
Project
Manager
Arborist
Jr.
Landscape
Architect
Landscape
Designer
CADD
Technician
Admin
Assistant Total Hours Consultant
Cost (LS)
Sub
Consultant
Cost (LS)
Total Cost
(LS + NTE)
171.00$ 177.00$ 124.00$ 242.00$ 211.00$ 126.00$ 124.00$ 242.00$ 178.00$ 134.00$ 161.00$ 134.00$ 124.00$ 93.00$
TASK 1 – PARK SITE SURVEYING SERVICES
Boundary Survey 4.000 6.000 18.000 28.000 3,978.00$ -$ 3,978.00$
Topographic Survey 8.000 16.000 42.000 0.500 66.500 9,529.00$ -$ 9,529.00$
Tree Survey 0.500 4.000 6.000 3.000 13.500 1,680.00$ -$ 1,680.00$
12.00 22.00 60.00 0.00 0.00 0.00 0.00 1.00 0.00 4.00 0.00 0.00 6.00 3.00 108.000 15,187.00$ -$ 15,187.00$
Task 2 - GEOTECHNICAL ENGINEERING COORDINATION
Coordination of information recevied from Subs 2.000 0.250 1.000 3.250 575.50$ -$ 575.50$
0.00 0.00 0.00 0.00 2.00 0.00 0.00 0.25 0.00 0.00 0.00 0.00 0.00 1.00 3.250 575.50$ -$ 575.50$
TASK 3 - TYPE D UTILITY INVESTIGATION
Conduct utility records research 2.000 8.000 0.500 6.000 16.500 2,109.00$ -$ 2,109.00$
Quality Level D (QL-D) consolidated drawing 1.000 2.000 2.000 18.000 0.250 2.000 25.250 3,394.50$ -$ 3,394.50$
0.00 0.00 0.00 1.00 4.00 10.00 18.00 0.75 0.00 0.00 0.00 0.00 0.00 8.00 41.750 5,503.50$ -$ 5,503.50$
TASK 4 – SCHEMATIC DESIGN
Preliminay Site Visit 1.500 1.500 1.500 1.500 1.500 1.500 1.500 10.500 1,941.00$ -$ 1,941.00$
Kick-off Meeting 1.000 1.000 1.000 1.000 1.000 1.000 6.000 1,168.00$ -$ 1,168.00$
Schematic Plan Design 2.000 1.000 4.000 3.000 8.000 24.000 16.000 58.000 8,266.00$ -$ 8,266.00$
Preliminary design review.1.000 1.000 1.000 1.000 4.000 684.00$ -$ 684.00$
Addressing City Comments.1.000 1.000 2.000 6.000 8.000 18.000 2,507.00$ -$ 2,507.00$
Final Schematic Design and Review Milestone 1.000 1.000 1.000 1.000 4.000 792.00$ -$ 792.00$
0.00 0.00 0.00 2.50 7.50 1.50 0.00 4.50 9.50 3.00 14.50 33.50 24.00 0.00 100.500 15,358.00$ -$ 15,358.00$
TASK 5 – CONSTRUCTION DRAWINGS AND SPECIFICATIONS
General Plan Preparation up to 75%2.000 6.000 24.000 46.000 4.000 6.000 2.000 24.000 38.000 68.000 220.000 30,170.00$ -$ 30,170.00$
Milestone QC and Deliverable - 75% Plans 3.000 3.000 4.000 3.000 3.000 4.000 4.000 24.000 3,983.00$ -$ 3,983.00$
Refinement of Plans up to 100%1.000 2.000 8.000 16.000 1.000 2.000 8.000 16.000 54.000 7,310.00$ -$ 7,310.00$
Milestone QC and Deliverable - 100% Plans 3.000 3.000 4.000 3.000 3.000 4.000 4.000 24.000 3,983.00$ -$ 3,983.00$
0.00 0.00 0.00 9.00 14.00 32.00 70.00 11.00 14.00 2.00 24.00 46.00 92.00 8.00 322.000 45,446.00$ -$ 45,446.00$
TASK 6 – PERMITTING
Conduct Permitting Activities 16.000 12.000 28.000 5,512.00$ -$ 5,512.00$
0.00 0.00 0.00 0.00 16.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 0.00 0.00 28.000 5,512.00$ -$ 5,512.00$
TASK 7 – BIDDING SERVICES
Bidding Services 0.500 1.000 3.000 0.500 2.000 2.500 6.500 3.000 19.000 2,826.50$ -$ 2,826.50$
0.00 0.00 0.00 0.50 1.00 0.00 3.00 0.50 2.00 0.00 2.50 6.50 3.00 0.00 19.000 2,826.50$ -$ 2,826.50$
TASK 8 – CONSTRUCTION ADMINISTRATION
Attend the Pre-Construction Meeting 1.000 1.000 1.000 1.000 1.000 5.000 810.00$ -$ 810.00$
Provide up to 20 hours of construction observations 12.000 8.000 2.000 22.000 4,224.00$ -$ 4,224.00$
Substantial Completion and Final Walk-throughs 0.500 4.000 2.000 0.500 4.000 4.000 2.000 6.000 23.000 3,388.00$ -$ 3,388.00$
As-Built Final Reviews 3.000 3.000 6.000 1,167.00$ -$ 1,167.00$
0.00 0.00 0.00 0.50 20.00 1.00 2.00 0.50 16.00 1.00 1.00 6.00 2.00 6.00 56.000 9,589.00$ -$ 9,589.00$
Total sum of hours by Personnel Category 12.00 22.00 60.00 13.50 64.50 44.50 93.00 18.50 53.50 10.00 42.00 92.00 127.00 26.00
678.500 99,997.50$ -$ 99,997.50$
REIMBURSABLE ALLOWANCES
Geotechnical Engineering 0.000 -$ 9,835.00$ 9,835.00$
Sub-surface Utility Engineering 0.000 -$ 5,390.00$ 5,390.00$
Contingencies - Unforeseen Conditions 0.000 -$ -$ -$
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000 -$ 15,225.00$ 15,225.00$
115,222.50$
Survey General Engineering Landscape Architecture
Task Sub-total
Task Sub-total
Task Sub-total
Task Sub-total
Task Sub-total
Task Sub-total
Task Sub-total
Task Sub-total
OVERALL TOTAL
CGA Professional Services Fees
Task Sub-total