HomeMy WebLinkAboutR-2024-155 FDEP Grant Agreement SW 34 TerraceRxsoLUrroN No.2o24-n5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR
GRANT FUNDS IN THE AMOUNT OF FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00), To PROVIDE FOR FLTNDING FOR THE SW 34
TERRACE DRAINAGE PROJECT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city commission authorized the SW 34th Terrace Drainage Project
(Project), along with other neighborhood drainage projects, to address chronic flooding; and
wHEREAS, the city of Dania Beach requested funding from the Florida State Legislature
for the 2024 Legislative Session for the Project; and
WIIEREAS, the Florida state Legislature awarded the city of Dania Beach Five Hundred
Thousand Dollars ($500,000.00) for the Project; and
WHEREAS, the city Administration supports the Project and desires to receive funding
from the Florida State Legislature as described in the Agreement attached as "Exhibit A", and the
Agreement is made a part ofand is incorporated into this Resolution by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACII, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed. and they are
made a pafi ofand incorporated into this Resolution by this reference'
Section 2. That the proper City officials are authorized to accept and execute an
Agreement on behalf of the city of Dania Beach, Florida with the Florida Department of
Environmental Protection in the amount of Five Hundred Thousand Dollars ($500,000'00), to
provide funding for the Project.
section 3. That the city Manager and city Attomey are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interest ofthe
City, including amendments extending the Agreement's term'
section 4. That the Agreement does not require matching funds from the city;
however, the actual project cost will exceed the grant funding, and all funds have been appropriated
within the FY2O24-24 Stormwater Fund adopted budget.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section6.ThatthisResolutionshallbeeffectivel0daysafterpassage.
PASSED AND ADOPTED ON 2024.
S second
FINAL VOTE ON ADOPTION:Unanimous
Yes No
Lun
. RYAN IV
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor
ATTES
ELORA
CITY CLERK
APPROVED AS TO FORM AND
o IS
RNEY
C ARC
MAYOR
S:
E
C
2 RESoLUTToN #20 24-155
lr\obsr r .
Motion by
ST-\TE OF T LORIDA
DT]P.\RT\IE\T OF E\\'IRo\\If \'t..\L PROl'EC1-Io\
Standard Crant reement
This Agreement is entercd into between the Parties named belo\r'. pursuant to section 215.971. Florida Statutes
l. Proj€cl Title (Project):
frania Beach SW 34 Terracc Drainagc Prqect
Agrecment Number
L0025
2. Paities State of Florida Department of Environmental Protectioo,
3900 Commonwealth Boulevard
Tslhhassce. Florida 32399-3000
(Department)
Grantee \ame:
Grantee Addrcss
City of Dania Beach
100 W. Dania Beach Blvd; Dania Beach, FL 33004
Entit_v Type
FEID:
Local Govemment
59-6000302
(Crantee)
3. Agreement tsegin Date
Upon Execution
[)atc trl'['xpiration
Dcccmber I l. 2025
4 Prqect Number:
t, J4l;rckt jian Acrce ent \unhtr)
Project Location(s): Latllong (26.0653, -g0.Ig I2)
Project Description: The Granlec will insrall Dew carch basins inler5, drainage piping, regraded swales, and a pipe nerwork of 15-tuch and l8-inch RcP
pipes along SW 34th Tenace. T$o existing outfalls discharging ltrto the Dania cut'o II canal will also be raised.
,4.moun lpeJ Source(s)5. Total Amount ofFunding
$s00,000
Funding Source? Arrard ds or Line-ltem Appropriations
El State EFederal LP GAA LI I732A FY 24-25, CR
E Statc EFedcral
S s 500.000.00
5
$E State EFederal
E Grantee N1atch $
Total Amount of Funding + Crantee Match,ifany: S s 500.000.00
Department's Grant N'lanagcr
Namei Kate Pace
Grantee's Cmnt Manager
Name: (slln Donnelly
or succeJsor
.\ddrcss: 3900 Commonu'ealth Blvd.
Tallahissee. FL 3 2399-3000
Address: 100 W. Dania Beach Blvd
Dania Beach. FL 33004
MS 1570
l (850) 245-2864 Phone
Email
I (954) 924-6808 (ext. 3618)Phonc
Email katelyn.pace(ri tloridadep.gov cdonnelly(.q daniabeachfl.gov
The Parties agree to comply with the terms and conditions of the following attachmcnts and exhibits which are hercby
I IIC rarcd b rclcrcncc
@ Attachment 2: Special Terms and Conditions
E Attachment 3: Granl \I ork Plan
E Atlachment 5: Special Audit Rer,;uiremcnts
O Exhibit B: Propen]' Reporting F'orm
tr Exhibit C: Payment Request Summary Form
DFIP Agrccmenr No. L0025
E ,{tlachment l: Standard Terms and Conditions A licable to All Grants Agreements
E Attachmenr 4: Public Records R ulrements
E Attachmcnt 6i Program-Spccific R urrements
E Attachmcnt 7: Grant Award Tcrms (Federal) *Copy availablc at lntls:riac1!-td& !e!1, in accordmce wilh s.ction 215.985, I-.S.
E Attachment ll: Federal Regulations and Terms (Federal)
E,Additional Attachments (if ncccssary)
E Exhibrt A: Progress Report Form
tr Exhibir D: Qualiqv Assurancc Rcquircments
E F-xhibit E; Advance Pavment Tcrms and Interest Eamed Mcmo
tr Exhibit F: Common Carrier or Contracted Carrier Attestation Form PURl808 (State)
Rev. I 11 2,1
E Exhibit H: Non-Protit Organization Compensation Form (Srate)
O .Additional Exhibits (if nccessary)
IN \1lT\ESS \1'HER!lOF, this Agreement shall be effectiye on the date indicated b)'the Agreement Begin Date unless
nnother date is specified in the grant documcnts.
City of Dania Beach GR,\\TEE
I The following inlormation applics to Federal Grants only and is identified in accordance with 2 CFR 200.33 I (a) ( 1)
l;cdcral Award Idertillcation Number(s) (FAIN)
Uniquc Entity Idenlilicr (UEI)
l-'cdcral Award Datc 1() l)cpartmcnl
Fcderal Arvard Pr.oject Dcscription
Total Federal Fu[ds Oblisatcd by this Aerccmcnt
l cderal Awardine Agency
Ar.r'ard R&D?tr Ycs trNA
Grantee \ame
[:]r'
(.Aut h oize d Si gnatur e)
Ana M. Garcia, ICMA-CM, City Manager
Date Signcd
Print Name and Title of Pcrson Siening
State oI Florida Departmcnt of Environmental Protection DEP,{RT}IE\T
ur
Sccretary or Designcc
Angela Knecht, Direotor, Division of Water Restoration Assistance
Prrnl Namc and Title of Pcrson Srgnrng
Datc Signcd
l)FI',\greement \o LOO25 Rer I lll.l
E] Additional signatures attached on sepamte page
DWRA Additional Signatures
Katc Pacc, DEP Grant Manager
Amanda Peck. DEP QC Reviewer
STAl'E OF FLORIDA
DEPART}TEN1' OF ENVIRO\NIE\T,{L PROTECTIO\
STAND,'\RD TER}TS A.\D CO.\..D IT IO\S
APPLICABLE TO GRA.\T AGRtrENIINTS
,\TT.\CHi\IE\T 1
l. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and,/or attached hereto (Ageement),
constitutcs the eotire agreement betwecn thc parties with respecl 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. GrantAdministratio[.
a. Order ofPrecedence. If therc are conflcting provisions among the documents that make up the Agreement. the
order ofprecedence lor irlteryretation ofthe ,Agreement is as follows:
i. Standard Orant Agrecmcnt
ii. Attachments other than Attachment l, in numerical order as designated in the Standard Grant
Agreem€nt
iii. Attachment l, Standard Tcrms and Conditions
iv. The Exhibits in tha order dcsignated in *re 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 Manage.s. All written communication shall bc by eleckonic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivcrcd when rcflected
by an electronic mail read receipt, a courier servicc delivery receipt, othcr mail scrvicc delivery receipt, or whcn
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delrvered at the earliest delir ery timc
c. If a different Grant Manager is designated by either party after execution of this Agrccmcnt. noticc of thc narnc
and contact information ofthe ncw Crant Manager *ill be submined in w ting to thc other paq and maintaincd
in the respective parties' records. A change of Grant Maaager does not require a formal amendment or change
ordcr to the Agreement.
d. This Agrecment may be amended. through a formal amendment or a changc order. only by a llritten agrcement
betraeen both parties. A formal amendment to this Agreement is required for changes which cause any ofthe
follou ing:
( l) an increasc or decrease in thc Agrecment funding amount;
(2) a change in Grantea's match requirements;
(l) a change in the expiration date ofthe Agreement; and/or
(4) changes to the cumulativc amount of funding transfers betwcen approvcd budget categories. as defincd in
Attachment l, Gmnt Work Plan, that exceeds or is expected to exceed twenty percent (20%) ofthe total budget
as last approved by Department.
A change order to this Agreement may be used when:
( l) task timelines within the current authorized Agreement period change:
(2) thc cumulative transfer of funds bctteen approved budget categories. as defined in Anachment 3. Grant Work
Plan, are less than twentv percent (20olo) ofthe total budget as last approved by Deparknent;
(3) changing the curent funding source as stated in the Standard Grant Agreemcnt: and, or
(4) lund transfe.s between budgct categories lor the purposes ofmecting match rcquirements.
This Agreement may be amended to provide for additional senices ifadditional funding is made available by the
Legislature.
e. All days in this Agreemcnt are calendar days unless otherwisc specified.
3. Agre€ment Duration.
The tcrm of the Agreement shall bcgin and end on the dates indicated in fte Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for rcimbuIsement for work performed on or aftcr the date ofexecution though thc expiration date ofthis Agreement,
unlcss olherwisc specificd in Attachmcnt 2, Spccial Tcrms and Conditions. However, work performed prior to the
execution ofthis Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
Rcv 9,15 2023
AttachmeDt I
Iof Il
4. Deliverables.
Thc Grantce agrecs to render the services or other units ofdelive.ables as set forth in Attachment 3. Grant Work Plan.
The services or other units ofdeliverables shall bc delivered in accordance with the schedule and at the pricing ouLlined
in the Grant Work Plan. Deliverables may be comprised of activities that must bs completed prior to Departmcnt
making payment on that deli!erable. The Grantee agrees Io perform in accordance \r'ith the terms and conditions set
lonh in this -Agrcement and all attachmcnts and exhibits incorporated by the Standard Orant .Agreement.
5. PerformanceMeasures.
The Crantee \i.arrants that: ( I ) the senices will be performed by qualified personnel; (2) the seniccs will bc of thc
kind and qualiry dcscribcd in the Grant Work Plan; (3) the services \r'ill be perfbrmed in a professional and
uorkmanlikc manner in accordancc with industry standards and practices: (4) the services shall not and do not
kno'r'ingly infringe upon thl. intcllcctual propsn]- righls. or any other proprietary rights. ofany thid partv; and (5) its
employees. subcontractors. and/or subgrantees shall comply with any security and safety requirements and processes.
ifprovided by Department, fbr work donc ar thc Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Gmntee meet thc Agrecmcnl
requirements. Not*ithstanding any provisions herein to the contrary, r'rifien acceptance of a panicular delivcrable
does not foreclose Depanment's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acccpta4qqProccss. All dclivcrablcs must be reccived and acc epted in writing by Departmeni's (irant Manager
beforc payment. Thc Grantcc shall work diligently to concct all dcficiencies in the delivemble that remain
outstanding. within a reasonable time at Grantee's expense. IfDeparhnent's Crant Manager docs not acccpt thc
deliverables within 30 days of receipt, they will be deemed rejected.
b. Reiection o f Dclir crablcs Thc Dcpartment resen'es the right to reject deliverables. as outlincd in thc Cranl
Work Plan, as incomplcte, inadequate, or unacceptable due, in whole or ir part, to Grantcc's lack ofsatisfactory
pcrfbrmance under thc tcrms ofthis Agrgemcnt. The Grantee's efforts to conect the rqected 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 ofthe deliverable and the associatcd
invoice. Paymcnt for thc rejected dcliverable will not be issued unless the rejccted deliverable is madc
acceptable to Depanment in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Depanmcnt. The Grantce's
failure to makc adequate or acceptable deliverables after a reasonable opponunilv to do so shall constitutc an
event ofdcfault.
Financial Consequences for Nonperformance.
\\'ithholdins Pa!'Eren! In addition to the specific consequences explained in the Grant Work Plan andlor
Special Terms and Conditions. the State of Florida (State) reserves the right to witbhold payment when the
Grantee has failed to perforocomply with provisions ofthis Agreement. None ofthe financial consequences
for nonperformancc in this Agreement as morc fully described in the Grant Work Plan shall be coosidered
penalties.
b. Invoice reduction
If(;rantee does not meet a deadline lor any deliverable, the Department will reduce the invoice by 196 lor each
day the deadline is missed. unless an extension is approved in 'rriling by the Departrnent.
c. Correctire Action Pian. IfGrantee fails to correct all the deficiencies rna rejected deliverable u'ithin the specifled
rimetiamc. Dcpartment may, in its sole discretion, request that a proposed Corrective ActioD Plan (CAP) be
submittcd by Grantee to Depanment. The Department requests that Grantee specify the oulstanding deficiencies
in thc CAP. All C,A.PS must be able to be implementcd and performed in no more than sixt-v (60) calendar days.
i. Thc cruntee shall submit a CAP within ten (10) days of the date of the tritten request from
Department. Thc CAP shall be sent to the Department's Grant Manager for revie,l and approval.
Within ten (10) days ofreceipt ola CAP. Depaimenl shall notify Grantee in writing whether the
CAP proposed has becn accapted. Ifthe CAP is not accepted, Gmntee shall have ten ( l0) days from
receipt of Department letter rejecdng the proposal to submit a revised proposed CAP. Failure to
oblain Dcpartment approval of a CAP as specificd above may result in Department's termination of
this Agrecment for cause as authorized in this Agreement.
ii. Upon Depanment's notice of acceptance of a proposed CA?, Grantee shall have ten ( l0) days t{)
commence implementation of the accepted plan. Acceplance of the proposed CAP by Depanment
docs not relieve Gmntee of any of its obligations under the Agreement. ln the cvcnt thc CAP f'ails
to correct or eliminatq perlbrmance deficiencies by Grantee, Department shall retain the right to
Attachment I
2of13
7
a
Rev 9rl5i 2023
8.
require additional or further remedial sleps. or to terminate this Agreement for failure to perform.
No actions approved by Depanment or steps taken by Grantee shall preclude Department l'rom
subsequently asserting any deficicncies in performance. The Grantee shall continue to implemcnt
the CAP ultil all deficiencies are corrected. Repons on thc progress ofthe CAP \r'ill be made to
Depaffment as requested by Depanment s Grant Manager.
iii. Failure to respond to a Department request lor a CAP or failure to corect a deficiency in the
performance of the Agreement as specitied by Dcpartmcnt may result in termination of the
Agreement.
PaymeIlt.
Pavment Process. Subject to the terms ard conditions established by the Agreement, the pricing pcr delivcrablc
established by the Grant Work Plan, and the billing proccdurcs cstablished by Department, Department agrees
to pay Omntee for services rendered in accordance with section 215.422, Flo da Statutes (F.S.).
Taxes. The Department is exempted from payment ofStatc sales, use taxes and Federal excise taxes. The (irantcc,
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 lor taxes on materials used to fulfill its contractual obligations with
Dcpartrnent. The Grantee shall not use Department's exemption number in securing such materials. Thc Grartcc
shall be responsible and liable for the palment ofall its FICA:Social Security and other tares resulting fiom this
Agreement.
c. Maximum Amount of \greement The maximum amount of compcnsation under this Agreement, without an
amcndment. is described in the Standard Grant Agrecment. Any additional funds necessary for the completion of
thls Project are rhe responsibilit_v ofGrantee.
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.
Rcimbursement shall be requested on Exhibit C. Payment Request Summary Form. To be eligiblc for
rcimbursement, costs must be in compliancc with laws, rules, and regulations applicable to expendirures ofStatc
funds, including, but not limited to, the Reference Guide for State Expenditures. which can be accessed at thc
https:;' wv,rv.mv floridac fo.com: docs-si accounting-and-auditing-libraries, state-
a genc ies, re ference-gu1de-for-state -expenditures.pdf.
Rural Communities and Rural Areas of Opponunitv. IfGrantee is a county or municipality that qualities as a
"rural community" or "rurai area ofopportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee
may request from the Deparhnent that all invoice payments (i.c., cost reimbusement) under this Agreemcnt be
dirccted to the relevant county or municipality or to th!' RAO itseli The Department will agree to Grantcc's
rcquest il':
i. Grantee demonstrates that it is a county or municipalitv that qualifies as a "rural communiry" or
"rural area of opportuniw" under subscction 2811.0656(2). F.S.;
ii. Grantee demonslrates current financial hardship using one (l) or morc of the "economic distrcss"
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 cost reimbursement and that Grantec's peribrmance has been completed in accordancc
with this Ag.eement's terms and conditions; and
ir. Applicable federal and state lawls), rule(s) and regulation(s) allo*'for such payments.
This subsection may not tre construed to alter or Iimit any other applicable provisions of fedcral or state la\a', rule.
or rcgulation. A current list of Florida's designated RAOs can be accessed at the following web address:
b
lollowing web address
httos:, fl ondaiobs-ors;communitv-olannins-and-dev elooment rural-communitv-pros.ams, rual-ar eas-ol-
c
opDortrLnlt\'.
f. Invoice Detail All charges for serv'ices rendered or for reimbursement of expenses authorized by Depanment
pursuant to the Grant Work PIan shall be submitt€d to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoicc D€partment for deliverables that are completed in
accordancc with rhe Crant Work Plan
State Funds Documentation. Pwsuant to section 2 16. I 366, F.S., ifContractor meets the definirion ofa non-profit
organization under section 215.97(2)(m), F.S., Contractor must provide the Departmert with documentation that
indicates the amount ofstate fu[ds:
i. Allocated to be used during thc full term of the contacl or agreement for remuncration to any
member of the board ofdirectors or an officcr of Conaactor.
ii. Allocated under each pal.rnent by the public agency to be used for remuneratron of any member of
the board ofdirectors or an officer ofthe Conractor.
Rcv 9 15,2023
Attachment I
I of ll
The documentation must i[dicate the amounts and recipients of the remuneration. Such information must be
posted on the State's the contract tracking systcm and maintained pursuant to section 215.985, F.S.. and must bc
posrcd orl the Contractor's q'ebsite. ifContractor maintains a website.
h. lntcrim Paymcnts. Inrerim payments may be made by Department. at its drscrction. if the completion of
deliverables to date have first been accepted in writing by Depanment's Grant Manager.
i. Final Pavment Reouest. A final payment request should be submitted to Department no later than slxt-\ (60) dal-s
following the expiration date of the Agreement to ensure the availability of luads for payment. However. all
work pcrformcd pursuant to the Crunt Work Plan must be performed on or before the expimtion datc of thc
Agreement.
j. Annual Appropriation Continsencv. The State's pertbrmancc and obligation to pay under this Agresmcnt is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment o[ luturc
appropriations. Authodzation for continuation and completion of work ald any associated payments may bc
rescinded, wrth proper notice, at th€ discretion of Department if the Legislaturc reduces or qliminates
appropriations.
k. Intcrcst Rates. All interest rates ch arged under the Agrcrmcnt shall be calculated on the prevailing rate uscd by
lhc State Board of ,Administration. To obtain the applicable interest mte, please rcfer to
hrlps: www.mvfloridacfo.comdivision aar local- govemmcII1s ]udsement-rnterest-rates
L Ret'und ofPavments to the Depa ment Any balance of unobligated funds that have been advanced or paid must
bc rclundcd to Department. Any funds paid in exccss of the amount to which Grantee or subgrantcc is cntitlcd
undcr thc tcrms ofthc Agreement must bc refundcd to Dcpanmcnt. lfthis Aercemcnt is fundcd \r'ith fcdcral funds
and the DeDanmenr is re{ruired to refirnd the fedsral g emment. the Grcnrce shall refund the DeDartmcnt ils
share ofthose funds.
9. Documentatiol Required for Cost Riimbursement Crant Agreemelts and Match.
lf Cost Reimbursement or Match is aulhorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentarion must be providcd to substantiate cost reimbursement or match
rcquirements for the following budget categories:
a. SalarviWaqes. Crantee shall Iist personnel involved. position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Crant Work Plan in their documentation for rcimbursement or
match requirements.
b. Overhead/lndirect,/General and Administrative Costs. [f Grantee is being reimbursed for or claiming match fbr
multiplicrs. all multipliers used (i.e., fringe benefits, ovcrhead. indirect, and/or general and administrative ntes)
shall be supponed by audit. If Department determines that multipliers charged by Grantee cxcecded thc rates
supportcd by audit, Grantee shall be required to reimbursc such funds to Dopartment within thirty (30) days of
wrltten notification- lnterest shall be charged on the excessive rate.
c. Contractual Costs (Subconhactors). Match or reimburscment requests for palments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts uhich involve payments for direct salaries shall clearly identiry the personnel involvcd. salary ratc
per hour, and hours spent on the Project. All eligible multipliers used (i.e.. fiinge beneltts. overhead. indirect,
and,or gcncral and administrative ratcs) shall be supponcd by audit. If Departmenl derermines that multipliers
charged by any subcoDtractor exceeded the ratcs supponed by audit, Grantee shall be required to reimbursc such
funds to Department withifl thirty (30) days of w ttcn ootification. lnterest shall be charged on the exccssivc
rate- Nonconsumable andor nonexpendable personal propeny or equipment costing 55.000 or more purchased
Ibr the Projecr under a subcontract is subject to the requirements set forth in chapters 273 and or 274. F.S.. and
Chapter 691-72. Flonda Administrative Code (F.A.C.) andior Chapter 691-73, F.A.C., as applicable. The Crantec
shall be responsible for maintaining appropriate property records for any subconfacts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requt€ment and ensure its
subcontracts issued under this Agreement. ifany, impose this requirement. in writing, on its subcontractors.
i. For fixed-price (vendor) subcontracts. the lbllowing provisions shall apply: The Cmntcc may
award, on a competitive basis, fixed-price subcontacts to consultantslcontractors in peforming thc
work described in Attachment 3, Grant Work Plan. Invoices submined to Department fbr fixed-
price subcontracted activities shall be supported with a copy of the subcontractor's invoicc and a
copy ofthe tabulation form for thc compctitive procuremcnt process (e.g., Invitation to Bid. Rcqucst
for Proposals, or other similar competitivc procurement document) resulting in the fixed-pricc
subcontract. The Gmntee may request approval from Department to award a ftxed-price subcontract
resulting from procurcment methods other than those idcntified abo!'e. In this instancc. Grantee shall
request the advarlce w tten approval liom Depanment's Grant Manager of the fixed pric.'
Attachment I
,l of 13
Rc\ 9 I5 2(l2l
oegotiated by Grantee. The letter of request shall be supponed by a detailed budget and Scope ol
Sen'ices to be performed b) the subcontractor. Upon receipt oi Department Grant Manager's
approval ofthe fixed-price amount. Grantce may proceed in finalizing the fixed-pricc subcontract.
ii. If the procurement is subject to the Consultant's Competitive Ncgotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencng it has
complied with the statutory or federal requicments.
d. Travel. All requests lor match or reimburscmcnt of travel expenses shall be in accordancc with section I 12.061 ,
F,S.
e. Direct Purchase Equipment. For the purposes ofthis Agreement, Equipment is defined as capital outlay cos ng
55,000 or more. Match or reimbursement for Grantee's dtect purchase of equipment is subject to specific
approval ol Departmenl., and docs no1 include any equipment purchased under thc dclivcry of services to be
completed by a subcontractor. lnclude copies of invoices or receipts to documcnt purchases, and a properly
completed Exhibit B. Properry Reponing Form.
L Rental Lea-se ofEquipment. lV{atch or reimbursement requests for rental'lease ofequipmenr must include copies
of inl'oices or receipts to documcnt chargcs.
g. MiscellaneousiOther Expcns!-s. If miscellaneous or other expenses, such as matc als. supplies, non-excluded
phone expenses. reproduction, or mailing. are reimbursable or availablc for match or reimbursement under the
terms of this Agreement. the documentation supporting these expenses must bc itemized and include copies of
receipts or invoices. Additionally, independent ofGrantee's contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attomey's fccs or caurt costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
cquipment.
h. Land Acouisition. Reimbursement fbr the costs associated with acquiring intercst and,/or rights to real property
(including access rights through ingress,/egress eascments, leases, license agreements. or other site access
agreements; and-/or obtaining record title owne$hip qfreal property though purchase) must be suppoded by the
lolbuing, as applicable: Copies of Propert) Appraisals, EnviroDmental Site Assessments. Surveys and Legal
Descriptions. Boundary Maps, Acreage Certification, Title Search Rcports. Title Insurance, Closine
StatementsrDocuments, Deeds, Leases. Eascments, License Agreements. or othcr lcgal instrument documenring
acquired properry" interest and/or rights. If land acquisition costs are used to meet match requirements. Gmnree
agees that those funds shall not be used as match tbr any other Agreement supported by State or Fedenl funds.
10. Statu! Reports.
Thc Grantee shall submit sLtus reports quaflerly, unless otherwise specified in the Attachments. on Exhibit A.
Progress Rcport Form, to Dcpartmcrt's Grant Manager describing the work pcrlbrmcd during the reporting peiod,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twcnty (20) days following the completion of the qBarte.ly reponints
pcriod. For the purposes of this rcporting rcquirement, the quarterly reporting pcriods end on March 31, June 30,
Scptcmbcr 30 and December 31. The Department will reyiew the rcquired rcports submitted by Gmntee within thiny
(30) days.
ll, Retainage.
The following provisions apply if Depanmcnt withholds retainage under this Agreement:
a. The Departrnent reserves the righl to establish the amount and application of retainage on the *ork performed
under this Agreement up to the maximum percentagc dcscribed in Attachment 2, Special Terms and Conditions.
Rctainage mav be withheld from cach payment to Granaee pending satisfactory completion ofwork and approval
ofall deliverables.
b. IfCrantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Gmntee shall
forfeit its right to payment of thc retainagc associated with the work. Failurc to pcrform includes. but is not
limitcd to. failure to submit the requircd deliverables or failure to provide adcquatc documentation that the work
was actually performed. The Department shall provide \r'ritten notification to Grantee of the failure to perform
that shall result in retainage tbrl'eiture. Ifthe Grantee does not correct the failure to perfom within the timetiame
stated in Department's noticc, thc retainagc will be forfeited to Department.
c. No rctainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Crantee 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 invoicLng
procedures under this Agreemenr.
12. lnsurance.
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,\ttachmenr I
5 L,i I3
a. lnsurance Requiremenrs lor Sub-Grantees ald or Subcontractors. The Grantee shall re quire its sub-grantees
andor subcontractors, ifany. to maintain insurancc covcrage ofsuch ry?es ard v'ith such terms and limits as
dcscribcd in this Agreement. The Grantee shall require all its sub-grantccs and, or subcontnctors, ifany. to
make compliance with the insurance requirements ofthis Agreement a condition ofall contracts that are rclatcd
to this Agreement- Sub-grantees and, or subcontractors must prol'ide proofof insurance upon request.
b. Dcductibles. Thc Dcpartment shall be exempt from. and in no way liable fbr. any sums ofmoncy reprcsentinB a
dcductible in any insurancc policy. Thc payment oIsuch deductible shall be the sole responsibility olthe
Grantee providing such insurance.
c. Prooi of Insurance. Upon execution of this Agreement, Crantee shall provide Department documentation
dcmonstrating the existence and amount for each type ofapplicable insurance coveragepnor lo pcrformancc of
any work undcr this Agreement. Upon receipt ofwrittcn rcqucst lrom Department, Graltee shall fumish
Dcpartmcnt with proofof applicable insurance coveragc by standard form certificates of inswance, a self-
insured authorization, or other certification of self-insurance.
d. Dutv to Maintain CoYerage. In the event that an y applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequatc coveragc, Grantee shall immediately notiry Department of such
cancellation and shall obhin adequate replacemcnt covcragc conforming to the requirements herein and provide
proofofsuch replacement coverage within ten ( l0) days after the cancellation ofcoverage.
e. lnsurance Trust. [f the Grantee's insurance is provided through an insurance trust, the Grantee shall inst€ad add
thc Dcpartment ofEnviro.mental Protection. its employccs. and olficers as an additional covered party
cvcry,r,rhcrc thc Agreement requires them to be added as an additional insured.
13. Termination,
a. Termination for Convenience. 'r\'hen it is in the State's best interest. Departmert ma]'. at its sole dlscretion,
rerminate the lgreement in whole or in part by giving l0 days' wrinen notice to Grantee. The Depanmcnt shall
notify Grantee ofthe termination for conveniencc with instructions as to the cffective date oftcrmination or the
specific stage ofwork at which the Agreement is ro bc terminatcd. Thc Grantec must submit all invoices for
work to be paid under this Agreement within thirty (30) days ofthe effective date oftermination. Thc
Dcpartment shall not pay any invoices rcceivcd alter thiny 130) days ofthc effcctive date oftermination.
b. Terminatioo lor Cause. The Department may terminatc this Agrecment if any ofthe events ofdefault dcscribed
in thc Events of Default provisions below occur or in the cvent thar Grantee t'ails to fulfil1 any ofits other
obligations under this Agreement. [f, after te.mination, it is determined that Gmntee was not in default, or that
the def'ault was excusable, the rights and obligations ofthe parties shall be the sarne as ifthe telmination had
bccn issucd for the convenierce of Departmcnt. Thc rights and remedies of Department in this clausc arc in
addition to any other rights and remedies providcd by law or under this Agreement.
c. Grantee Obligations upon Notice ofTermination. After receipt of a notice oftermination or partial termination
unless as other$,ise directed by Depa.tment. Grantee shall not t'umish any service or deliverable on the date. and
to the exrent specified. in the notice- However. Grantec shall continue work on any portion ofthe Agreemcnt
not tcrminatcd. If the Agreement is terminated bctbrc pcrformance is completed, Grantee shall be paid only for
rhar work sarist'actorily perfomed for which costs can be subsrantiated. The Grantee shall Dot be entitled to
recovcr anv cancellation charges or lost profits.
d. ( onlrnualion of Prepaid Senices lf Department has paid for any ser','ices prior to the expiration. cancellation.
or termination ofthe Agreement, Grantee shall continue to provide Depanment with those sen'ices for which it
has already been paid or. at Department's discretion, Crantee shall provide a refuld for senices that have been
paid for but not .endered.
c. Transition ofSenices Upon Termination. Expiration. or Cancellation ofthe Agreement. Ifsen'ices provided
undcr thc Agrcement are being transitioned to another provide(s), Crantee shall assist in the smooth transitron
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
Work Plan. The Grantee shall not perform any serviccs alter Agrcement cxpiration or tcrmination. cxcept as
necessary to completo the tansition or continued portion ofthe Agreement, ifany.
14. Notice of Default.
If Crantee delbults in the performance of any covenant or obligation containqd in the Agrcement. including, any of
thc cvents of defauh. Department shall provide notice to Grantee and an opponunity to cure that is reasonable under
rhc circumstances. This norice shall state the nature ofthe failure to perform and provide a time cenain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be tbund in default. and Dcpartment may terminate thc Agreement effective as of the date of receipt of the default
notice.
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15. Eveots of Default.
Provided such failure is not the fault of Department or outside the reasonablc control of (;rantqe. the follo$'irg non-
cxclusive list ofevents, acts, or omissions. shall constitute events ofdefault:
a. The commitment of any material breach of this Agreement by Grantee. including t'ailure to timely deliver a
material deliverable, failure to perform the minimal level ofservices required for a deliverable, discontinuance of
the performance of the work, lailure to resume work that has been discontinucd within a reaso[able time after
nolice to do so. or abandonmcnt ofthe Agreement;
b. The commitment ofany material misrcpresentahon or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any ofthe reports requircd by this Agreeme.t or having submittcd any repofl wi$ incorrect,
incomplete. or insufficient in formation:
d. Failure to honor any term ofthe Agreement;
c. Failure to abide by any statutory. rcgulatory, or licensing requirement. including an entry of an order revoking
thc certificate of authority granted to the Grantee by a state or other liccnsing authorily:
f. Failure to pay any and all entities. individuals. and fumishing labor or materials. or failure to make paymsnr to
any olher entities as required by this Agreement;
g. Employment of an unauthorized alien in the perfbmrance of the work. in violation of Sectioa 274 (A) of the
Immigration and Nationaliry Act:
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstancas, uncorrected for more than thirty (30) days unless, within the
specilied 30-day period, Grantee (including its rcccivcr or trustee in bankruptcy) provides to Department adequate
assurances, reasonably accaptablg to Department, of its continuing ability and willingncss to fulfiII its obligations
under the Agreement:
i. Entry of an order lor reliefunder Title 1 t ofthe United States Codc;
ii. The making by Grantee ofa gencral assignment lor the benefit ofcreditors;
iii. The appointment of a general receiver or fustee in bankruptcy of Grantec's business or property;
and/or
iv. An action by Grantec under any state insolvency or similar law tbr thc purposc of its banknptcy.
reorganization. or liquidation.
16. Suspension of Wbrk.
The Department may, in its sole discretion, suspend any or all activities under the Agreement. at an, time, lr'her rr rs
in the best interest ofthe State to do so. Thc Dcpanmcnt shall provide Grantee written notice outlining the particulals
of suspcnsion. Examples of reasons tbr suspcnsion include, but are not limited to, budgetary constraints, declaration
ofemergency, or other such circumstances. After receiving a suspension notice, Grantee shallcomply with the norice.
Within 90 days, or any longer period agreed to by the parties, Depanment shall either: (1) issue a notice authorizing
rcsumption of work, at which time activity shall resume; or (2) lerminate the Agrcement. [f the Agreement is
tcrminatcd after 30 days ofsuspcnsion, the notice ofsuspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience. Suspensioo of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure,
The Grantee shall not be responsible fordclay rcsulting from its failure to perform ifneitherthe fault nor the negligence
ofGrantee or its employees or agents contributed to the delay and the delay is due drrecrly to acts of God, wars, acts
o{'public cncmics. strikes, fires. floods. or olher similar cause wholly beyond Grantce's control. or for any of thc
forcgoing that affect subcontractors or suppliers if no altemate source of supply is available to Grantec. In casc of
an.," delay Grantee believes is excusable, Grantee shall notiff Department in writing of the dela-v or porential delay
and dcscribc the cause of the dela!, cithcr ( I ) within ten days after the cause that creates or will crcatc the delay t'rrst
arose, if Graltee could reasonably foresee that a delay could occur as a result; or (2) il delay is nol reasonably
foreseeable. within five days after the date Grantee first had reason to believe that a delay could result. THtr
FORECOING SHALL CONSTITUTE THE CRANTEE'S SOLE REMEDY OR EXCUSE WITH Rf,SPECT
TO DELAY. Providing notice in strict accordance with this pa.agraph is a condition prccedent to such remedy. No
claim lor damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitlcd to an increase in the Agreement price or payment of any kind fiom Dcpanmcnt for direct, indirect,
consequential, impact or otber costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay. disruption. interference, or hindrance fiom any cause whatsoevcr. If
performance is suspended or delayed. in wholc or in part, due to any of the causes described in this paragraph, after
lhc causes have ceased to exist Grantcc shall peform at no increased cost, unlcss Department determines. in its sole
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Rqr 9 15 2013
discretion, that the delay will significartly impair the value ofthe Agrcement to Department, in which case Departmefi
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants prel'erential treatment
to Department with rcspcct to products subjected to allocation; (2) contract with other sources (without rccourse to
and by Grantee for the related costs and expenses) to replace all or pan ofthc products or senicas that are the sublect
ofthe delay. I.hich purchases may be deducted ftom the Agreement quantity; or (3) terminate Agreement in \ihole or
in pan.
18. Indemnilication.
a. The Crantee shall be fully liable for the actions of its agents, employces. partners, or subcontractors and shall
full-y indemniry, defend, and hold harmless Department and its ofliccrs. agents, and employees, from suits,
actions. damages, and costs ofevcry name and description arising [rom or relating to:
i. pcrsonal injury and damage to rcal or personal tangiblc properry alleged to be causcd in wholc or in
part by Grantee, its agents, employees, parmers, or subcontractors; provided, however, that Grantee
shall not indemniry for that portion ofany loss or damagcs proximalely caused by thc negligent act
or omission of Department;
ii. thc Grantec's breach ofthis Agreement or the negligent acts or omissions ofGrantcc.
b. The Grantee's obligations under the preceding paragraph with respcct to any legal action are contrngent upon
Department giving Grantee: (l) $riften notice ofany action or threatcncd action: (2) the opporturit! to take over
and settle or defend any such action at Grantee s sole expense: and (3) assistance in defending thc action at
Grcntee's solc expense. The Gmntcc shall not be liable for any cost, expense, or compromise incurred or madc
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 solc indemnification provision thal applies to
Grantees thar are govemmental entities: Each party hereto agrces that it shall be solely responsible for the
negligent or wrongful acts of its employees ard agents. Howevcr, nothing containcd hercin shall constitute a
*'aiver by either part,v of its sovereign immunity or the provisions ofscction 768.28. F.S. Funhcr. nothing herein
shall be consrrued as consent by a state agency or subdivision ofthc State to be sued by third partics in any matter
arising out of any coniract or this Agreement.
d. \o provision in this r\greement shall requirc Department to hold harmlcss or indernnifu Grantce. insure or assume
liability ior Crantee's negligence. waive Department's sovereign immunity under the laws of Florida, or
othen\"isc impose liability on Depanment 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 Departmcnt's liabiliry for any claim arising from this Agreement is limitcd to compensatory damages in an amount
no grcater than the sum ofthe unpaid balance ofcompensation due for goods or services rendered pursuant to and in
compliance uirh thc terms ofthe Agreement. Such liabilir,v is ftrther limited to a cap ofS100.000.
20. Remedies.
Nothing in rhis Agreement shall be construcd to make Grantee liablc for force majeure events. Nothing in this
Agreement, including financial consequences lbr nonperformance, shall limit Departrnent's right to pursue its
rcmedies for othcr rlrpes of damages under the Agreement, at law or in oquity- The Department may. in addition to
olher remedies availablc to it, at law or in cquity and upon noticc to Crantcc, retail such monies from amounts due
Grantee as may bc necessary to satisry any claim for damages, pcnalties, costs and the likc assened by or against it.
2l- Waiver,
The delay or failurc by Departmenl to exercise or enforce any of its rights under this Agreement shall oot constitute
or be deemed a ,.r'aiver of Depanment's right thereafter to enforce those rights, nor shall any single or panial cxcrcise
of any such right preclude any other or funher exercise thereof or the exercise of any other right.
22. Statutor.I Notices Relatiog to Unauthorized Employment and Subcontracts.
a. The l)epanment shall consider the cmployment by any Grantcc ol unauthorized aliens a violalion of Section
27.1A(e) oi thc lmmigmtion and Nationality Act. If Grantec,/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Gmntee shall be responsible
for including this provision in all subcontracts with private organizations issucd as a result of this Agreement.
b. Pursuanttosections287.133,287.134.Ntd281.13'7 F.S.. the following rest ctions apply to pcrsons placed on
the convicted vendor list, disc miflatory !'endor list, or thc antitrust violator vendor list:
i.P lic Enti Cri A peson or affiliate who has becn placed on the convictcd 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 endt-v: may not submit a bid. proposal. or reply on a
contracl with a public entily lor thc construction or repair ofa public building or public work; may
Attachment 1
8 of 13
Rev.9,15,2023
not submit bids, proposals, or replies on leases ofreal property to a public entity: may not be awarded
or perform'"!ork as a Grantee, supplier. subcontracto.. or consultant under a contract with any public
cntity: and may not transact business with any public entity in cxccss of the threshold amount
provided in section 287.017, F.S.. for CATEGORY TWO for a pcriod of 36 months follou,ing the
date ofbeing placed on the convicted vendor list.
ii. Discriminatorv Vcndors. An enti ty or affiliatc u,ho has been placcd on the discriminarory vendor
list ma) not submit a bid. proposal, or rcpll'on a contract to provide any goods or seniccs to a
publio entity: may not submit a bid, proposal, or reply on a contract with a public entity for the
conskuction or repair ofa 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 contact with any public cntity: and may no1 transact
business vith any public entiry.
iii. Antitrust Violator Vendors. A person or an affiliate who has bccn placed on the antirust violator
rendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or rcply on any contract to provide any good or senices to a public cntity:
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair ofa public building or public work; may not submit a bid, proposal, or reply on leases ofreal
propertv to a public entity; may not be awarded or perform work as a Grantee. supplier.
subcontactor, or consultant under a contract with a public entityl and may not transact ne\l' business
wrth a publrc entrry.
ir . Notification. Thc Grantcc sha1l 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 vcndor list during the life of the Agrecment. The Florida Department oi Managcment
Services is rcsponsible for maintaining thc 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 thc Florida Department of Management Scrviccs,
Office of Supplier Diversity, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. Thc Orantce and all its agenrs shall comply with all fcdcral, state and local regulations, including, but not limilcd
to. nondiscrimination. wages. social security. w-orkers' compensation, licenses. and registration requirements.
The Crantee 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, agc, gcndcr, or disability, shall be
excluded liom participation in: be denied the proceeds or benetits of; or be otherwise subjected to discriminarion
in pcrtbrmance of this Agreement.
c. This Agreement shall be govemed by and consffued in accordance with the laws ofthe State ofFlorida.
d. Any disputc conceming performancc of the Agreement shall be processed as described herein. Jurisdiction lor
any damagcs arising under thc tcrms ofthe Agreement will be in the courts ofthc Statc, and venue *'ill bc rn thc
Second Judicial Circuir. in and tbr Leon Counry. Except as otherw'ise provided by la\r'. the parties agree to be
responsible for their own attomcy fees incurred in conncction with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Idrastructure Projects with Federat Funditrg.
This provision does not apply to Agreements that are \,yholly funded by Coronavirus State and l-ocal
Fiscal Recovery Funds under the American Rescue Plan Act, Also, this proyision does not apply where
there is a valid waiver in place. However, the provision mav apply to futrds expeflded before the waiyer
or after expiration of the waiver.
Ifapplicablc. Recipients or Subrecipients olan award ofFederal financial assistance tiom a program tbr
infrastmctutc arc required to comply with fie Build America. Ruy America Act (UABA). including thc
ibllo*ing 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 ofcoatings, occurred in the United States;
b. All manut'actured products used in tho project are produced in the United Stares{his means the manut'actured
product was manufactucd in the United States; and the cost ofthc componcnts of the manufactured producl
that arc mined. produced, or manufactued in the United States is greater than 55 percent ofthe total cost oi all
componcnts ofthe manufactured product. unless another standard for determiniDg the mlnimum amount of
domestic content ofthe manufacturcd product has beeD cstablished undcr applicablc law or regulation: and
Rev. 9:l5i 2021
Attachment I
9 ol ll
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occured in the United States.
The Buy America prcfelence only applies to articles, materials, and supplies that are consumed in, incorporated
into. or affixed to an inftastructure prcject. As such. it does not apply to tools, equipment. and supplies. such as
temporary scal'folding. brought to the construction site aad rcmoved at or before the completion of the
infiasmrcture projcct. Nor does a Buy America preference apply to equipment and fumishings, such as movable
chairs. desks, and ponable computer equipment. that are used at or w.ithin the finished infiastrucrure project but
are not an integral part ofthe saructure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees ofan award for construction projects in whole or in part by thc tsipartisan lnfrastructure Law or the
Inflation Reduction Act, including the following provision;
a. SignageRequirements
a. Invcsting in Ameri'"-a Emblem: The recipient will ensurc that a sign is placed at constnrction
sitcs supportcd in \aholc or in pan by this award displaying the official lovesting in Amcrica
embl€m and must identiry the project as a "project funded by President Biden s Bipartisan
Infrastructure Law" or "project funded by President Biden's [nflation Reduction Act" as
applicable. The sign must bc placed at coasmrction sitcs in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construclion period.
The recipient will ensure compliance with the guidelines and dcsign specificalions provided by
DPA for using the official lnvesting in America emblem available at:
https: '*v.w.epa.govrinvest .
b. Procuring Signs: Consistent with section 6002 ofRCRA,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
scning communities wherc English is not the predominant language, recipients arc encouraged to
translate the language on signs (excluding the official Investing in Amenca emblem or EPA logo
or scal) into the appropriate non-English language(s). The costs ofsuch translation arc allowable,
providcd the costs are rcasonable.
26. Scrutinized Companies.
a. Grantee cenifies that it is not on the Scrutinized Companies that Boycott Isra€l List or engaged in a
boycon oflsrael. Pursuant to section 287.135, F.S., the Department mal/ immediately terminate this
Agrcement at its sole option ifthe Grantee is found to havc submitted a false certitication: or ifthe
Grantee is placed on the Scrutinized Companies that Boycon lsrael List or is engaged in the boycoft
of Isracl dudtrg dc tcrm ofthc Agrcemefi.
b. lfthis Agreement is lbr more than one million dollars. thc Grantee certifies that it is also trot on the
Scrutinized Companies with Activities in Sudan, Scrutinizcd Companies with Activitics in the Iran
Petroleum Energ.v Sector List, or engaged with business operations in Cuba or Syria as identified in
section 28?.135, F.S. Pursuant to section 287.135, F.S.. the Department may immediately telminate
this Agreement at its sole option ifthe Crantee is found to have submitted a false ccnification; or if
rhe Grantcc is placed on thc Scrutinized Companies with Activities in Sudan List. or Scrutinized
Companies with Activities in rhe lran P€troleum Energy Sector List. or engaged with busmess
opcrations in Cuba or Syria during the teIm ofthe Agrecment-
c. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contacting
prohibitions, then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrces that no funds received by it under this Agreement will be expended lor the purpose of lobbying
the Legislature or a State agency pursuant to scction 216.347, F.S., cxcept that pursuant to the rcquiremcnts of section
287.058(6), F.S., during the term of any executed agreemert between Grantee and the State, Grantee may lobby the
cxecutive or legislative branch conceming the scope of services, performance, Ie.m, or compensation regarding that
agreem€nt. The Crantee shall comply with sections I 1.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books. records and documents directly peninent to performance under this Agreement in
accordance with Llnited States generally accepted accounting principles (tlS GAAP) consistently app)icd. The
Deparrment. the Statc, or their authorized reprcsentatives shall have access to such records for audit purposes during
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the term of this Agreement and for tive (5) years following the completion date or termination of the Agreement. [n
the event that any work is subcontractcd. Grantee shall similarly require each subcontractor to maintain and allow
aocess to such rccords for audit purposes. Upon request ofDepartment's IDspector General. or other authorized
State official. Crantec shall provide any wpe ofinformarion the lnspector General dcems rclevant to Grantee's
integrity or responsibilitv. Such information may include, but shall not be limited to, Grantee's business or financial
records. documcnts, or files ofanv type or lorm that refer to or relate to Agleement. The Grantee shall retain such
records for thc longcr of: (1) three years after the expiration ofthe Agreement; or (2) thc pcriod required by the
General Records Schedules maintained by the Florida Department of State (availablc at:
http!.!q5.!o!l0el!d4.e!Ir Iibrarv-archives, records-manaeement, general-records-schedules,).
29. Audits.
a. Inspcctor Gcneral. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperare with the
inspcctor general in any investigation, audit. inspection. rcvieu'. or hearing. Thc Grantee will comply \r'ith this
dut! and ensure that its sub-glantees and'or subcontractors issued under this Agreement. if any, impose this
requiremcnt. in *riting, on its sub-grantees and,or subcontractors. respcctivcly.
b. Phvsical Access and Insocction. Depanment personnel shall be givcn access to and may obser',e artd inspect
u'ork bcing pcrformed under this Agreement, with reasonablc noticc 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 documenls:
ii. Crantee shall pcmtit inspcction of any facility, equipmenr. practlccs. or opcrarions rcc;uircd in
performance ofany work pursuant to this Agreement; and,
iii. Crantee shall allow and facilitate sampling and monitoring of any substances. soils, marerials or
paramete$ at any location reasonable or nccessary to assure compliance with any work or legal
requirements pursuant to this Agrccmcnt.
c. Special Audit Reouirements. 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 ol Exhibit l. to Attachmcnt 5. IfDcpartmcnt l'ails to provide an updated copv of Exhibit I to include
in each amcndment that authorizcs a funding increasc or decrease. Grantec shall request onc from the
Depanmcnt s Grants Managcr. The Grantee shall consider the rype of financial assistance (federaI and or statc)
identilied in Attachment 5. Exhibit I and determine \r.hether the lerms ofFederal and,or Florida Single Audir Act
Rcquircmcnts may furthcr apply to lowcr tier tBnsactions that may be a resuh of this Agreement. For fcdcral
llnancial assistancc, Crantee shall utilize the guidance providsd under 2 CFR $200.131 tbr determining whcthcr
the relationship represents that ofa subrecipient or vendor. For State financial assistance, Grantee shall utilize rhe
form cntitled "Checklist lor Nonstate Organizations Rccipient/Subrecipient ys Vcodor Determination" (form
number DFS-A2-NS) that can be lound under the "Links,&orms" section appcaring at the following wcbsitc:
hltos: , aoos fld fs.com'rfsaa
d. Prqqlqf Transactions. ln addition to documenration providcd to suppon cost rcimbursement as described herein
Depanment may periodically request additional proof of a transaction Io evaluate the app.opriateness ol costs to
the Agrccmcnt pusuant to Statc guideli[es (including cost allocation guidelines) and federal, if applicablc.
Allowable costs and uniform administrative requiremcnts lor federal prografi)s can be found undcr 2 CFR
200. Thc Dcpanmcnt may also request a cost allocation plan in support of its multiplicrs (overhcad. indirect,
general administmtive costs, and fringe benefits). The Grantee must provide the additional proof within thiny
(30) days ofsuch rcquest.
No Commingling of Funds. The accounting systems ftrr all Grantees must cnsure thal these funds arc not
commingled with funds from other agencies. Funds from cach agency must be accounted for separately. Grantecs
are prohibited lrom commingling funds on either a program-by-program or a projeo-by-projecr basis. Funds
specrficall) budgeted and'or rcccivcd for onc projcct may not be used to support another projcct. \\'here a
Grantee's, or subrecipient's, accounting system cannot comply *'ith this requircmcnt. Grantee, or subrecipient.
shall establish a system to provide adcquate fund accountabilit) for each project ir has been awarded.
i. lf Department finds that thcse funds have been commingled, Dcpartment shall have the right to
demand a refund, either in whole or in part. of the funds provided to Crantee under rhis Agre€ment
lor non-compliance with the material terms of this Agreement. The Grantee, upon such written
notificalion from Dcpartrnent shall refund. and shall forthwith pay to Depaitment, the amount of
morey demanded by Department. lnterest on any refund shall be calculated based on the prevailing
rate used by the Statc Board of Administration. lnterest shall be calculated Aom the date(s) the
Rcv.9,15,2021
Attachment I
lloill
original payment(s) are received ftom Department by Grantee to the date repayment is made by
Crartec to Department-
ii. tn the evenl that the Grantce recovers costs, incurred under this Agreement and reimbursed by
Dcpartment, from another souca(s). Graltee shall reimburse Department for all recovered funds
originally provided under this Agreemelt and inlerest shall be charged for those recovered costs as
calculated on from the datc(s) the payment(s) are recovercd by Grantee to the date repaymenr is
madc to Department.
iii. Notwithstanding the requircments of this sectioo. the above restrictions on commingling firnds do
not apply to agreements where payments are made purely on a cost reimbwsement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in aIIy
manner or degrec with the performance ofservices required.
31. Independelt Co[tractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. SubcontractiDg.
a. Unless otherwise specified in the Special Terms and Conditions, all sen.iccs contracted for are to be performed
solely by Grantee.
b. The Departmcnt may, for cause, require the replacement of any Grantce employee, subcontactor, or agent- For
cause, includes, but is not limited to, technical or training qualifications, quality ofwork, 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 agcnt.
d. The Department's actions under paragraphs b. or c. shall rtot relieve Grantee ofits obligation to pertbrm all work
in compliance with the Ageement. The Grantee shall be responsible fbr the payment ofall monies due under any
subcontract. The Depafiment shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontmct and Grantee shall be solcly liable to the subcontractor for all expenses and liabilities incuned
under any subcontract.
e. The Department will not deny Grantee's employees, subco[tmctors, or agents access to meetings within the
Departmenr's facilities, unless the basis of Depafiment's denial is safcty or security considerations.
I The Department suppo s divenity in its pracurement program and rcquests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. Thc award of subcontacts should rcflect the fu1l
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracring
opponunities may be obtained b,y contacring the Office of Supplier Diversiry at (850) 487-0915.
g. The Grantee shall not be liable for any exccss costs for a failure to perform, if the failurc to pcrform is caused by
rhe default ofa subcontractor at any tier. and ifthe cause ofthe default is completely beyond the control ofboth
Grantee and the subcontracto{s), and $ithout thc fault or ncgligcncc ofeither, unless the subcontracted products
or senices wcre obtainable from other sources in sufficient timc for Grantee to meet the required delivery
schedule.
33. Cuarantee of Parcnt Compan,,
If Grantee is a subsidiary ofanother corporation or other business entity. Crantee asserts that its parent company will
guarantee all ofthe obligations ofGrantee for purposcs offulfilling thc obligations ofAgreement. ln lhe event Grant€e
is sold during thc pcriod the A$eement is in eft'ect, Grantee agrees that it will bc a requirement of sale that the new
parent company guarantee all ofthe obligations ofCrantee.
34. Surt'ival.
The respectite obligations of the parties, which by their natue would continuc bcyond the termination or expiranon
of this .A$eement. including without limitation, the obligations regarding confidentialii,r-. proprictary interests. and
public records. shall sunive termination, canccllation, or exptation of this Agreement.
35. Third Pzrties.
The Department shall not be deemed to assumc any liabiliry for the acts. failures to act or negligcncc ofcrantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or alty third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Departne[t consents to a subcontract, Grantee will specifically disclose that this Agreement docs not create any third-
paq rights. Furthcr, no third panies shall rcly upon any ofthc dghts and obligations created und€r this Agrcement.
36. Severabilitv.
Ifa coun of compctcnt jurisdiction deems any term or condition hcrcin loid or unenforceable. thc othcr provisions
arc severable to that void provision, and shall remain in full force and effect-
Attrchment I
12 of 13
Rev.9i 15i2023
37. Grantee's Employees, Subcontractors alld Agertts.
All Grantee emplo-'-ees. subcontracto$. or agents performing u ork undcr the Ageemcnt shall be properly traincd
techlicians uho meet or excecd anv specified training qualifications. Upon request, Grantee shall fumish a copy of
technicaL cenification or othq proofofqualification. All employees. subconractors. or agents pcrlbrming work under
Agreement must comply with all securirl* and administrative requirements of Department and shall compl) with all
controlling lalrs and rcgulations relevant to the sen,ices they are providing under the Agrccment.
38. AssignmeDt.
The Grantee shall lot sell, assign, or tansfer any of its rights, dutics, or obligations under lhe Agreement. or undcr
any purchase order issued pursuant to the Agrcemcnt. uithout the prior $ riften consent of Department. In thc event
ofany assignmcnt. Grantec rcmains secondarily liablc lorperlormance ofthc Agreement, unless Departmcnt cxpressl)
u'aives such secondary liability. The Depanmcnt may assign the Agrcemcnt with prior wrinen norica ro Grantee ofits
intent to do so.
39. Compensation Report.
Il'this Agreemenl is a sole-sourcc, public-private agreement or ifthe Crantee. through this agrecment with the State.
annually rcceive 5096 or morc oftheir budget from the State or from a combination ofStatc and Federal funds. the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensalion for
thc entilics' cxecutive leadership teams- Total compcnsation shall include salary'. bonuscs. cashed-in ieave. cash
equivalents. severance pay. rctirement bencfits, defcrred compensation, rcal-property gifts, and anv other payout.
The Grantee must also inform thc Departmcnt ofany changes in total cxccutive compensation between the annual
repons. All compensation repons must indicate what percent ofcompensation comes directly from the State or
Federal allocations to the Grantee.
40. Execution in Coutrterparts and Authority to Sign.
This Agreement. any amendments, andor change orders related to the Agreement. may be executed in counterparts.
each of which shall be an original atrd all of which shall consti tc the same instrumcnt. [n accordance uith the
Electronic Signature Act of 1996, electronic signatures. including facsimile transmissions. may be used and shall have
the samc force and etIect as a written signaturc. Each person signing this Agreemenr warrants that he or shc is duly
authorized to do so and to bind the respective party to the Agreement.
Rev I 151023
AttachmeIlt I
1l of l3
SI'ATE OF FLORID.\
DEP,\RT}IE\T 0F E\\'IRO\\IE\T,\t- PR()TECTI0\
Spccial -l crms and Conditions
AGREE}TE\T \O. LOO25
A't,tACHNIEIT 2
Thcsc Spccial Terms and Conditions shall bc read together with gencral tcrms outlincd in thc Standard Terms and
Conditions. Attachment l. Where in conllict, these more specific terms shall apply.
l. Scope ofWork.
The Prolect funded under this Agreement is Dania Bsach SW 34 Terrace Drainagc Project. The Project is defined in
morc dctail in Attachment 3. Crant Work Plan.
2. Duratiou.
a. Reimbusement Period. The reimbursement period for this Ageement begins on July l, 2024 and ends at the
expiration of the Agrccmcnt.
b. Extensions- There are extensions available for this Project.
c. Service Periods. Additional service periods arc not authqrized under this Agreement.
3. Payment Provisions.
a. Comoensation. This is a cost reimbursemert Agreement. The Grantee shall be compensated under this
Agreement as described in Aftachment 3.
b. Invoicing. Invoicing will occur as indicated in Anachment 3.
c. Advance Pav. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Nlatching Requiremeats.
Rcimbursemcnt for costs or availabiliry-. Ibr costs to meet matching requirements shall be limited to the followi.g
budgct catcgories. as defincd in thc Rcfcrcncc Cuidc for Statc Expenditurcs, as indicate'd.
Rcrmburscmcnl
l
\latch Catogorv
SalariesAVages
Oveft ead,/lndirecrceneral and Administrative Costs
a. Fringe Benefits, N/A.
b. Indirect Costs. N/A.
Conlractual (Subcontractors)
Travel, in accordance with Section 112, F.S.
Equipment
Rental/Lease of Equipment
MiscellaneouslOther Expenses
Laad Acquisition
I
D
tr
tr
!
!
tr
D
tr
L
tr
x
tr
D
tr
!
tr
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions fundcd undcr this Agrcement
ll. Insurance Requirements
R.\ i' lr- l+
7, Match Requirements
There is no match rcquired on the part olthe Grantee under this Agreement
-{ttachment 2
1 of3
Required Coverage. Ar all timcs d uring the Agreement the Grantee, at its sole cxpcnsc. shall maintain insurancc
coverage of such typcs and with such terms and limits dcscribed below. The limits of covqrage under each policy
maintaincd by thc Grantcc shall not be interpretcd as limiting the Grantee's iiabilit-v and obligations undcr the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
altematively, Crantee may provide coverage though a selt'-insunnce prcgram established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, horvever the d1!!lq!l insurance requirements applicablc to this Agreemenl arcr
a. Commercial General Liabiliw Insurance-
The Grantee shall provide adequate commcrcial gcneral liabiliry insurance covcragc and hold such liabiliry
insurance at all timcs during the Agreement. The Departmcnt. its empioyees. and officers shail be namcd
as an additional insurcd on any general liability policics. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy ag$egate.
b. CommercialAutomobilelnsurance.
Ifthe Grantee's dutics include the use oIa commcrcial vehiclc, thc Grantee shall maintain automobilc
liabililv. bodily injury, and property damagc covcrage. Insuring clauscs lbr both bodily injury and property
damage shall providc coverage on an occurrencc basis. The Department, its cmployees, and officers shall
bc namcd as an additional insurcd on any automobilc insurance policy. The minimum limits shall bc as
follows:
5200.000 300.000 .{utomobilc Liabilitv for Companv-Owncd Vehicles, ifapplicable
5200,000 300.000 Hired and \on-o\\'ned Automobile Liabilit-v Co\erage
c. Workers' Comocnsation and E mDlovcr's Liabilitv Co\ eraee
The Grantee shall provide rvorkers' compensation, in accordance *ith Chaptcr,l4{). F.S. and empioyer
liability coveragc with minimum limits of S 100,000 per accident, S100,000 per pcrson, and $500.000
policy aggregate. Such policies shall cover all employees engaged in any work under th€ Grant.
d- Other [nsurancc. Nonc.
9. Qualit) AssuranceRequirements.
Therc arc no special Quality Assurance rcquirements undL'r this Agrcement
10. Retainage,
Retainage is permined undcr this Agrcement. RetaiEge may be up to a maximum of l0g'o of the total amount of the
Agreement.
ll. Subcontracting.
The Grantee may subcontract work under this Agreement with the prior rarinen consent of the Depa ment's Grant
Manager. The Grantee shall submit a copy ofthe exccuted subcontract to the Departmcnt prior to submitting any
invoiccs for subcontraclcd work. Regardless ofany subcontract, thc Grantec is ultimatcly responsible lor all work to
bc pcformed undcr this Agreement.
12. State-owned Land.
The uork will not be perlbmred on State-owned land
13- Office of Policy atrd Budget Reporting.
The Grantee will identity thc cxpcctcd retum on investmcnt for this project and providc this information m the
(lovernor's Office ofPolicy and Budget (OPB) within three months ofexecution ofthis Agreement. For sach full
calcndar quarter thcrcatlcr, thc Grantee will provide quanerly update reports directly to OPB, no latcr than 20 days
after the end ofeach quarter. documenting ahe positive return on investment to th€ slate that r€sults tiom the
Grantcc's project and its use offunds provided under this Agreement. Quarterly repo(s will continue until the
Grantee is instructed by OPB that no further rcports are needed. or until the end ofthis Agreement, whichever
occurs first. All reports shall bc submitted electronically to OPB at eiv.ror?lasBb$!!19 lLu!, and a copy shall also
be submined ro the Dep i1t l:Ia:ll .li
14. Common Carrier.
a. Applicable to contracts with a conmon carrier firm/person corporation that as a regular business
t ansports pcoplc or commodities from place to place. [fapplicable, Contractor must also filI out and
retum PUR 1808 before contract executioo. IfContracto. is a common carrier pursuant to scclion
AttachmeDt 2
2 of 3
Res . 6t2'7 /24
901J. I I l( lXa). Florida Statutes, thc Dcpartment will terminatc this connact immediatcly if Conlractor is
found to bc in violalion ofthe law or the attcstation in PUR 1808.
b. Applicable to solicitations for a common carrier Before contract execution, the $ inning Conkactor(s)
must fill our and return PUR 1808, and anesr that it is not willfully providing any senice in funherance of
transponing a pe6on into this statc knowing that the person unlawfulll present in the United States
according to the terms of the federal Immigration and Nationality Act.8 U.S.C. ss. 1l0l ct seq. The
Depanmcnr q'ill terminate a contract immediately ifcontractor is found to be in violation ofthe la\r' or the
atlestation in PUR 1808.
15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of OpportuniR
This agreement docs not provide federal or state tinancial assistance to a counN or municipality that is a rural
communitv or rural arca of opportunit)' as thosc tcrms arc dcfiDcd in s. 18li.0656{2).
16. -\dditional Terms.
Rev 6,2r-'24
Attachmetrt 2
3 of3
ATTACH\IENT 3
GRANT \I'ORK PI-AN
PROJECT TITLE: Dania Bcach S\\'3.1 Terrace Drainagc' Projcct
PROJECT LOCATIOIII: The Project will be located in the City of Dania Beach lGrantee) rr'ithin Broward
Countyi LaLilong (26.0653, -80. l9l2).
PROJECT BACKGROLTND: SW 34th Terrace is a low-lying road consisting primarily of single-tamily
homes and commercial businesses adjacent to Criffin Road (SR 8l lt). Limited stormwater infrastructure
along this road leads to flooding and impassible roads. This project u,ill alleviatc flooding on SW 3.1th
Terrace and provide water quality treatment and storage prior to discharging into the Dania cut-ol'fcanal.
PROJfCT DESCRIPTION: The Grantee u'ill install new catch basins inlcts, drainage piping, regraded
swales, and a pipc ncrwork of l5-inch and lS-inch RCP pipcs along SW 3,1th lcrracc. Two existing outfalls
discharging into the Dania cut-of'f canal will also be raised.
The Grantec does not anticipatc that thc funding undcr this Agreement ',r'ill rcsult in a fully completed
project, so this Agrccmcnt rvill cover a portion ofthe work.
TASKS: All documentation should be submitted electronically unless othcnvisc indicated and should bc
submitted prior to the expiration olthc grant agreement.
Task l: Construction
Deliverables: Thc Grantec will construct the Dania Beach SW 3.1 Tcracc Drainage Project in accordance
with the construction contract document-s.
Documentation: The Grantee will submit: 1) a cop), olthc tinal design; 2) a signed summary ofactil'rties
completed tbr the period of work covered in the payment rcquest, using the format pror.ided by thc
Department's Grant Manager. Upon request by the Department's Grant Manager, the Crantee will provide
additional supporting documentation relating to this task.
Performance Standard: The Depanment's Grant Manager will revierv the documentation to verili that
the dclilcrablcs hale been complcted as described abovc. Upon review and written acceptancc by the
Department's Grant Manager, the Grantee may proceed u ith payment request submittal.
Payment Requ€st Schedule: The Grantee may submit a payment request 1br cost reimLrursemenr no more
frequently than monthly.
PROJECT TIilIELINE & BUDGET DETAIL: The tasks must bc complcrcd by the corresponding task
end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated belou'. For any
Task with a Budgct Catcgory ot Clontractual Services. thc Grantee shall submit a copy of thc cxccutcd
subcontract to thc Department prior to submitting any inVoices for subcontractcd work.
Task
No,Budget Category Grant
,4.mount
Task
Strrt Date
i Construction Contractual Serr ices s,i00.000 01ijt t2024 06i30i1015
Total s500.000
DEP Agreement No. L0025, Attachment 3. Page I of I
'l'ask Title Task
End Date
STATE OF FLORIDA
DEPARTNIENT OF ENVI RONNTENTAL PROTECTIO:{
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement cxcccds $35,000.00. and if Crantee is acting on behalf ol Departmcnt in its performance ofservices
under the Agreement, Grantee must allow public access to all documents. papers, Ietters. 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 tiom section 24(a) of Article I olthe Florida
Constitution or section 119.07(l), F.S.
b. The Department may unilatcrally tcrminatc the Agreement if Crantee refuses to allo* public access to Public Records
as required by law.
2. Additional Public Records Duties ofSection 119.0701, F.S., If Applicable.
For the purposes ofthis paragraph, the term "co[tract" means the "Agreement." If Grantee is a "contractor" as
dellned in section I 19.0701(1)(a), F.S., the lollowing provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perfbrm the sewice.
b. Upon request, provide Department with a copy ofrequested Public Records or allou'thc Public Records to bc
inspected or copied within a reasonable time at a cost that does not excccd the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor rl.ho fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section I19.10, F.S.
d. Ensure that Public Records that are exempl or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by lau' for the duration ofthe contract term and following completion ofthe
contract ifthe contractor does not transfer the Public Records to Department.
e. Upon completion ofthe contract, transfer, at no cost. to Department all Public Records in possession ofthe contractor
or keep and maintain Public Records required b), Department to perform the service. Ifthe confiactor transt'ers all
Public Records to Department upon completion ofthe contract. the contractor shall destroy any duplicate Public
Records that are exempt or conlidential and exempt fiom Public Records disclosure requirements. Iflhe contractor
kccps and maintains Public Records upon complction of the contract, thc contractor shall mcct all applicablc
rcquircmcnts fbr retaining Public Records. All Public Rccords storcd elcctronically must bc provided to Dcpartmcnt,
upon request liom Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Departmert. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any softu'are lormats the
contractor is authorized to access.
i IF THE CONTRACTORHAS QUBSTTONS REGARDINC THE APPLICATION OF
CHAPTER I19, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RXLATING TO THE CONTRA.CT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email:public.sen ices lloridadep.sov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonlvealth Boulevard, MS 49
Tallahassee" Florida 32399
Rer.,127,2018
Attachmeot 4
I ol I
STATE OF FLORIDA
DEPART}IENT OF ENVIRONNIE:\{TAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Deparlment of Environmental Protection (whtch may be refeled to
as lhe "Department", 'DEP', 'FDEP" or "Grartor", or other name in the agreemen) lo the recrpler.t 6r,hich mqy be
refetred to as the "Recipiefil", "Grantee" or olher rame in the agteemen, may be subject to audits and,or monitonng
b-v the Dcpartmcnt ofEnvironmental Protection, as described in this attachmcnt.
MONITORING
ln addition to reliews of audits conducted in accordauce with 2 CFR Part 200. Subpart F-Audit Requirements, and
Section 2 15.97. F.S., as revised (see "AUDITS" belorv), monitoring procedurcs may ilclude, but not be limited to,
on-site visits by DEP Departmeat stal'f, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agrcemcllt, the recipielt agrees to comply and cooperate with an.v monitoring procedures'processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Prote$ion deteroines that a limited scope audjt ofthe recipient is apprcpriate, the .ecipient agrees to compl_y with an),
additional instructions provided bl the D€partment to the recipient regarding such audit. The recipient further agrees
to comply and cooperate rlith any inspections, reviews, rn\estigations, or audits deemed necessary by the Chief
Iinancial Officer (CIO) or Auditor General.
AUDITS
PART I: FEDER-\Ll-\' t L\Df D
This part is applicable if the recipient is a Staae or local govemmeflt or a non-profit organization as defined in 2 CFR
$200.330
A recipient that expends $750,000 or more in Federal a*,ards in its fiscal yeax, musl have a single orprc$am-
specific audit conducled in accordance with the provisions ot 2 CFR Part 200, Subpart F. EXHIBIT I to this
.A.alachrnel1t irdicates Federal funds awarded thrcugh thc Dcpartment of Environmental Protectjon by this
Agreement. ln determining the federal a*'ards expended in its fiscal year. the recipient shall consider al1
sources of federal awards, including fcdcral rcsources received from the Departm€nt of Environmental
Protection. The detemination ol amounts of federal awards expended should be in accordance rvith the
guidelines established in 2 CFR 200.502-503. Ar audit ofthe recipient conducted by the Auditor General in
accordance with the provisions of2 CFR Part 200.514 r'il1 meet the requirements olthis par't.
For the audit requirements addressed in Part I, paragmph 1, the recipient shall fuihll the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
A recipient that expends less than 5750,000 in fcderal awards in its fiscal year is not rcquir€d to have an audit
conducted in accordance with thc provisions of 2 CFR Parl 200, Subpart F-Audit Requirements. If the
recipient expends less than $750,000 in federal au ards in its fiscal ycar and elects to ha!e an audit conductcd
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audil must
be paid ftom non-federal resources (i.c., thc cost of suctl an audit must bc paid ftom recipient rcsources
obtained from other i'ederal entities.
,1. The recipient may access information regarding the Catalog ofFederal Domestic Assistance (CFDA) via the
l
intemet at httDs: , sam.gov;cont t assistance-lrstinss
IIGS-I)i]P 55 215
,A.ttachmeDt 5
l of 6
relrrcd 1l 8.'2022
P.ART U: STATE FLNDED
In the event that the recipient expends a total amourt of slate financial assistance equal to or in excess of
5750,000 ia any fiscal ycar of such recipient (lbr fiscai years ending June 30, 2017, and thereafter), the
rccipicnt must Ilave a State single or project-specific audit ibr such fiscal lear in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assisiance; and Chaptcrs 10.550 (local
govemmental entities) or 10.650 (nonproht and for-profit organizations), Rules of thc Auditor General.
L,XHIBtT I to this form lists the state llnancial assistance awarded through thc Department ofEnvironmental
Protcction by this agreement. In determining the statc financial assistance expended in its fiscal year, the
recipient shall consider all sources of statc financial assistance, including state financial assistance received
from the Department of Environmcntal Protection, other state agencies. and other [onstate entities. Slate
financial assistancc docs not include federal direct or pass-through awards and rcsources received by a
nonstate entity for Federal program matching requirements.
In connection with the audit requirements addrcssed in Part II, paragraph 1; the recipienl shall ensure that the
audit complics with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial repofiing package as defined by Section 215.97(2). Florida Statutes, and Chapters 10.550 (local
govemmental entities) or 10.650 (nonprofit and for-profit orgarizations), Rules ofthe Auditor General.
lfthe recipient expends less than S750,000 in state financial assistance in its fiscal year (for fiscal ycar cnding
June 30, 2017, and thcreaftcr), an audit conducted in accordance with the provisions of Scction 215.97,
Florida Statutes, is not required. [nthe event that the recipjent expends tess than 5750.000 in state financial
assistancc in its fiscalycar, and clects to have an audit conducted in accordance with thc provisions ofScction
215.97. Florida Starutes, the cost ofthe audit must be paid from the non-siate entity's resources (i.e.. the cost
of such an audit must bc paid tiom the recipient's resources obtained ftom other than State entitres).
For information regarding the Florida Catalog of State Financral Assistancc (CSFA). a recipient shouid access
the Florida Single,Audit Act website located at http!i.eppuk1&lg!L&& for assistance. In addition to the
above *ebsites, the following wcbsites may be accessed for information: Legislature's Website at
3
.1
httpr ri'v,1\,.leg.state.Il. us. \\:elcome. index.cfm.Staie of Florida's website at http:,' r,vw\1,.myflorida.com
Dcpartment of Financial Services' Website at http:,'.;www.fldfs.conr,and the Auditor General's Website at
http:,. rvww.mvfl orida.corn:audqen,.
PART III: OTHER AUDIT REQT]IRE}IENTS
TNOTE: This part would be used to specif), any additiondl al,tdit requirements imposed by the State dwdrding entit)
thdt.Lre soleb) a mdtter oF lhdt Stdte awa/ding 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 req irements). Pursudnt to Section 215.97(8), Floridq Stuhttes,
State agencies may conduct or arrangefor audits ofState Jinatlcial assisttiice thd, ale ir uddition to a dits conducted
in accordance v,ith Section 215.97, Floride Statutes. In such an evenL the State dwarding dgency must arrange for
funding the full cost ofsuch additional audits.)
PAR'l l\: RLPOR I St B\llSSl()\
Copies of reporting packages ibr audits conducted in accordance with 2 CF'R Part 200. Subparl F-Audit
Requirements, and required by PART I ofthis form shall be submitted, when required by 2 CFR 200.512, by
or on behalfofthe rccipicnt dircctlv to the Federal Audit Clearirghouse (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 b1,
2 CFR $200.501(a) should be submittcd to the Federal Audit Clea.inghouse), a! the follo*'ing address
BGS-DEP JJ-2i5
-{.ttachment 5
2 of6
revised l1/8,2022
l
This pan is applicable ifthe recipient is a nonstate entiq as dcfincd by Section 215.97(2). Florida Statutcs.
L
By \4ail
Fcderal Audit Clearinghouse
Bureau of the Census
1201 East 10th Sfieet
Jeffersonville. IN 47132
Submissions ofthc Single Audit reporting package for fiscal periods ending on or afrcr Januar) 1,
2008, must be submitted usirg the Fcderal Clcaringhouse's Intemet Data Entry Syslem which can
be found at http:, harvester.census.gov/facweb/
Copies ol financial reporting packages required by PART II ofthis Attacbment shall be submitted by or on
bchalfofthe recipient directlv to each ofthe following:
By Mail:
Audit Director
Florida Department of Environmental Protcction
Office oflnspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee- Florida 32399-3000
Elcctronically:
FI)EPSrneleAudi t@dep.srate.fl.us
B. The Auditor General's O1fice at the followine address
Auditor General
Local CoYernment Audits,'342
Claude Pepper Building, Room 401
i 1 I West Madison Street
Tallahassee. Florida 32399- 1,150
The Auditor Generai's website (ht$:r'flauditor.gw.r) provides instructions for filirg an
elcctronic copy ofa iinancial reporting packagc
Copies ofreports or maaagement letten requked by PART III of this Attachment shall be submiftcd by or
on behalfofthe recipient directlv to the Department ofEnvironmental Prctection at one ofthe following
addresses:
BY Mail:
Audit Director
Florida Departmelt of Environmental Protection
Office oflnspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee. Flo da 32399-3000
3
4 Any repons. management leters. or other infolmaltiol1 required to be submitted to the Depafiment of
Environmentai Proaeclion pursuant to this Agreement shall be submittcd timely in accordance \!ith 2 CFR
200.512. section 215.97. F.S.. and Chaptem 10.550 (local gove.nmental entities) or 10.650 (nonprofit and
for-prolit organizations), Rules ofthe Auditor General, as applicable.
Electronically:
FDEPSinsieAudil@dep.sta.e fl .us
BCS-DaP 55-215
-{ttachment 5
3 of 6
rerrJ.d Ll t.li)::
2.
A. The Deparknent of Envircnmental Protection at one ofthe following addresses:
5 Recipients. when submining financial reporting packages to the Depanment of En ironmental Protection for
audits done in accordance with 2 CFR 200. Subpart F-Audit Requirements. or Chapters 10.550 (local
gorcmmcnral cnrities) and 10.650 (non and for-profit organizations), Rules of the Auditor General. should
indicate the date and the reponing package was delivered to the recrpient corespondence accompanying the
reporting package.
PAR1 \': REC()RD RETE\TIO\
The rccipicnt shall rctain sufficicnt rccords dcmonstrating its compliance with the terms of the avvard and this
Agrccncnt Ibr a pcriorj ol five (5) ycars lrom the dale the audit report is issued, and shall allow the Departmcnt of
Environmental Protcction. or its dcsignee, Chief Financial OIIicer, or,{uditor Geneml access to such records upon
rcquest. The recipient shall cnsurc that audit working papers are made available to the Dcpartmcnt oI Environmental
Protection. or its dcsigncc. Chief Financial Officer. or Auditor Gcneml upon request for a period ofthre€ (3) years
lrom the date theaudtrepofi is issued. unless extended inw ting by the Depa.tment ofEnvironmental Protection.
IIGS-DItP -5 5,215
Attachmeflt 5
4of6
rcvised ll/lii2022
u\ IRll I
I (l \l)s ]\W,\RI)hI) lL) II IL RECIPIENT PLIRSUANT TO TlllS l(;RLLVLN I ( o\SIS I Olr IHh tTOLLOWNC
|'rote: lJ the resorrces awarded b rte rec'pieniept5ent nore than one fede/ol progran. ptoride the sane i.nfornation shown belo\r lor each federuL progrurt
todcral Rcsourccs .\wrrdrd to the Recipient Pursuant to this .{sreemcnt ('oniilr of thc Folloeine:
CFDA
( rt),\ I rrl.
Slarc
Cateconj
B
CFDA
( ljl)A fLil.
Statc
Appropriarion
S
NL,tc olthe resources awakied to the rccipient rcprcsent nor than one lederl prxram, lis t ..tpplicab Le (onpliah.e requirenenLs for each lcderdl plaeran ii
the lane nanw &t shorn belor
First C-omplnnce requiremenr: ie : (whar seri.os ofpurposes resolEc.s Nusl bc used ior)
Sccond Comphance requiremenl: i.e.lelipibiiiry iequtemeni aorrccioienr olrhe r.souceo
F1('
Federal
B
lirst Compl,oce requir€nenI: i.e : (whd senices ofpurposes re$uccs niusr b! 6ed for)
Sccond ComDliaffe .€{urement: ie : (elisibilirr_ rcquilcmcnr ror recioi.!!s ofrhe resouce'
li.
Frc
Attlchment 5. Erhibit I
5 of6
I
State Resourccs ,\r'r.ded to thc R€cipienl I'ursuant to thk tgrecmcnl Consist of (hc t.ollowing )Ig!S!!g Resolr4!! !ql!!!!!!4ltl9g!!!ns
Stale
Proeram
( lD.\( fl).\ hrl.
State
Caleqon'
Iederal
Progr!m
B ( l"l).\(-FI),\ Inl.
.\ote: II the resowces d\|drded to the rccipiezt lor natchihg rcpresent nore thun one le.l.ral prcgron, plovile the sane nfordatiot shoM b.low lor eu.h
d4d sha\| lotal stak resources a\9arded
\ote lftAe resources anaded to the recipie rcprcsent inore than one stote projecl, ptoeide the sane nlonnatiah sho\dn below fo, each sr2te prcJect and shob
dalassistonce dtuuded that s ..1Q section )15 9-. L- S
State Resources Ar1arded to the Recipient Pursuant ro this lgrcemcnt Codsist oflhc Folloning Resorrccs Subiccl lo Section 215.97. F.S.:
Stat€
State ,\s{drns.\ccnc\
State CSFA
Number
( 5[.\ lrLle
f undrns Sourcc Dcscnptroo
Slale
Original Florida D€panmem of
Eolrrorm€nral Protectioo tl,tt-:r)t5 Slatewide water Quahty Resloration
Proiecls s5m.000 t.101).1.
liotz: Lisr oppli ble conplionce .equitenenr in the sane nonner ds illustrated dboye lot lederul rcsou,ces Fot nutching retoutccs pro|ided by the Depa4 ?nt
for DEP Ior federdl progro . the requiredents night be sinilar b rhe req rcnents lbt thc opphahl. l .leral proyons .llro. ,o the ert.nt thot diflt.nt
reqrie4ents pe.rait to dilfereit Mount lor the non-federal re\ourc?s. rhete na) he arc thdn ane grauping (i.. 1.2 3, etc) l6tedunder this.dtegory.
For ea.h program idenrified above. rh€ recipienl sball comply with the prografi requiremeDb d€scribed in tbe Catalog of Federal Domcslic Assistance (CFDA)
lh!plls!q|&ot{t!9!lqqvqls-i!!ary!:l1!!i!gsl aod/or rhe Flonda Catalo8 ot Statc Fnanciai Assistancc (CSFA) lb!@r.6pp! fld&lsd$ad 1, and
State Projectt Compliance Supplement (Pan Four: State Projects Compl,ance Supplement II(!! lpos.fldfs connfsaa. slate prciect compliance aspxl The
s€nices/purposcs for rihich the tunds ae to be used de includ€d rn thc Agrcem€nl s Crant Work Plar. Any nrarch r€quired by the Recipi€nt is clearly indicaied
I Subjecr ro chd8e b-v Chmge Order: Subjecr 10 chugc by Change Order
Attr.hme.l 5- Erhibit I
s500.000
-
I st"r" I I I I csFrlirlc I I State II r**..n. I so'" I csr,r | - | | app,opn"uon II B I Sure -r*adins,{sen.v Frscal Yea: I :1".u"' I Fundmg Sourcc DcscnDron I }'undrns A.mounr I Cateson I
ST.\TE oF I-T-ORID,,\
DEPARTNIENT OF ENVIRON}IE\T.{L PRoTECTIO\
Erhibit A
Progress Report l'orm
The current Exhibit A, Progress Report Form lor this grant can bc found on the Dcpartmcnt's u,cbsitc
at this link;
https:. lloridadep. po\', \\ ra \\,ra'dr)culnents, progress-reDort- lbrm
Please use the most current form found on thc wcbsitc, linked above, for each progress report submitted
tbr this project.
Rev 1/19,202,1
Exhibit A, Pagc I of I
ST.\TE OF FLORIDA
DEP.\RT\IE\T OF ENYIRO\}If \T.\L PROTECTIO]..I
Erhibit C
Pal ment Request Summar.v Form
Thc Pa.vment Request Summary Form for this grant can be found on our website at this link:
https: 0oridadep.gov wra wl'a documerts pa\ment-rqque!l:!umman'-lbnn
Please use the most current tbrm found on the website. linked above. for each payment request
Rcv. 12,/02, Iq
Exhibit C, Page I of 1