HomeMy WebLinkAboutR-2024-163 FDEP Amendment no.1 to Grant SW 37 Terrace Stormwater ProjectRESOLTITION NO.2O2{-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH. FLORIDA. AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY
OF DANIA BEACH AND THE FLOzuDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR THE SW 37'IH TERRACE
STORMWATER IMPROVEMENT PROJECT; PROVIDING FOR CONFLICTS;
FI]RTHER. PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 21, 2022, the City Commission approved Resolution 2022- l 7l
authorizing the City to enter into an agreement with the Florida Department of Environmental
Protection (FDEP) for grant funds in the amount of$375.000 for the SW 37ft Terrace Stormwater
Improvement Project (Project); and
WHEREAS, on March 30, 2023, FDEP executed the Standard Grant Agreement 22FRP17
for the SW 37d Terrace Stormw-ater Improvement Project; and
WHEREAS, the FDEP has requested Amendment No. I to update to Attachments 1, 2, 3,
5, 6, and 8, Exhibit A, F, and Exhibit H. FDEP has requested to add Exhibit J. Amendment No. I
is made a part ofand incorporated into this Resolution by Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section l. That the above "Whereas" clauses are ratified and confirmed. and they are
made a part ofand incorporated into this Resolution by this reference.
Section 2. That the proper City officials are authorized to execute an amended
Standard Grant Agreement on behalf of the City ol Dania Beach, Florida FDEP for the SW 37e
Terrace Stormw'ater Improvement Proj ect.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be effective '10 days after passage.
N3
SIGNATURES ON THE FOLLOWING PAGE
fo . 202.+.PASSED AND ADOPTED on
Motion bv
FINAL VOTE ON ADOPTION:
second
Unanimous
Yes No
Commissioner Lori Lewellen
Commissioner Luis Rimoli
Commissioner Archibald J. Ryan IV _
Vice Mayor Marco Salvino
Mal or Joyce L. Davis
ATTES
ELORA
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
OUTSIS
ATTORNEY
C .I
1
VI
RES.LUT.N o.o.o-llo3
A\IEND}IET"T NO. I
TO AGREE}IE\T NO. 22FRPI7
BET\\'EEN
FLORID,{ DEPARTMENT OF EN\'IRONMENTAL PROTECTION
AND
CITY OF DANIA BEACH
This Amendment to Agreemcnt No. 22FRP l7 (Agreement) is made by and between thc Dcpanmcnt ofEnvironmental
Protection (Departmcnt), an agency ol'thc State ofFlorida, and Ciry ofDania Beach (Crantcc). on the date last signed
bclow.
WHEREAS. the Department entcred into the Agreement $ ith the Grantec for SW 37th Terrace Storm$'ater Project
(ProJect). effective March 30. 2023:
Wl IEREAS. the Department has requested an update to the Project Title shall hereinatier change fiom, SW 37th
Tcrace' Storm$'ater Project" to Dania tscach SW 37th Terrace Stormu'ater Improvcment" uith regards to any and
all pasr. current. and future ProJect documents and communications directly conceming Agreement Number 22FRP l7;
WHEREAS, the DEPARTMENT has requested an update to Attachment 1, Attachment 2. Attachment 3, Attachment
5. Aftachment 6, Attachmcnt 8, Exhibit A, Exhibit F and Exhibit H following updatcs f'rom the Office ofthe Gcncral
Counsel;
WHEREAS. the Department has requcstcd to add Exhibit J to the Agrccmcnt as sct tbrth hcrcin; and,
WHEREAS, other changes to the Agrecmcnt are necessary.
NOW THEREFORE, the Department and Grantee hereby agree as follo*'s:
l. Section 6. ofthe Standard Grant Agreement is hereby revised to the following:
Department's Crant \l:rnagcr
Name: Hanna Tillotson
Addrcssr Resilient Florida Program
3900 Commonwcalth Bhd. MSS230
Tallahassee. Floltla 12199
Phone: 850-245-7540
F.mail: Hanna TillotsontalFkrridaDEP-sov
Attachment 1. Standard Terms and Conditions. is hereby delctcd in its cnlirety and rcplaccd with Artachment
l-A. Revised Standard Terms and Conditions. All references in the Agreement to Attachment I shall
hereinafter refer to Attachmcnt l-4. Rcliscd Standard Terms and Conditions.
Attachment 2. Special Terms and ('onditions. is hereby deleted in its entiret"v and replaced with Attachment
2-A, Revised Spccial Terms and Conditions. All references in thc Agrcement to Attachment 2 shall
hereinaf'ter refer to Attachmcnt 2-A, Revised Spccial Terms and Conditions.
Attachmcnt 5. Special Audit Rcquircmcnts. is hcrcby deleted in its entircty and rcplaced with Anachment 5-
A. Revised Special Audit Requirements. atlached hereto and made a part of the Agreement. All references
l
.1
5
DEP Agreement No. 22FRPl7. Amendmenl No. l. Page I of3
Attachment 3, Crant Work Plan. is hcreby deleted in its entirct-v aDd rcplaccd with Attachmcnt 3-A, Revised
Grant Work Plan, as attachcd to this Amcndment and hereby incorporalcd in{o thc Agreement. All referenccs
in the Agreement to Attaclunent 3 shall hcreinaffcr rcfcr to Aftachment 3-A. Rcviscd Grant Work Plan.
6
in the Agreement to Anachmcnt 5, shall hereinafter refer to Attachmcnt 5-A, Rqvised Special Audit
Requirements.
Attachment 6. Program Specific Requirements is herebv deleted in its entirety and replaced with Attachment
6-A. Revised Program Specific Requirements. attaahed hereto and made a part of the Agreement. All
references in the Agreemeot to Attachment 6, shall hereinafter refer to Attachment 6-A., Revised Program
Specific Requircmcnts.
Attachment 8, Contract Provisions SLFRF is hereby deletcd in its entircty and replaced with Attachment 8-
A. Revised Contmct Provisions SLFRF, attached hereto and madc a part ofthc Agreement. All refcrcnces in
thc Agreement to Attachment 8. shall hereinafter refer to Attachment 8-A. Revised Contract Provisions
SLFRF.
Exhibit A. Progress Repon Form, is hcrcby dcleted in its entirety and rcplaccd with Exhibit A-1. Revised
Progress Repon Form. attached hr-rcto and made a pan ofthe ASreement. All references in the Agreemcnt
to Exhibit A shall hereinafter refer to Exiibit A-1, Revised Progress Report Form.
Exhibit F, Final Project Report. is hereby deleted in its entirety and replaced u'ith Exhibit F-1, Revised Final
Project Rcport, attached hereto and madc a part ofthe Agreement. AII rcfercnccs in the Agreement to Exhibit
F, shall hereinafter rcfcr to Exhibit F-1, Rcvised Final ProJect Report.
Exhibit H, Conhactual Scn'iccs Ccrtiflcation, is hcrcby deleted in its entircty and rcplaccd with Exhibit H- l.
Revised Contractual Scrviccs Ccrtification, attaohed hereto and madc a part ol'the Agreemcnt. All refercnces
in thc Agreemenl to Exhibit H shall hereinafter refer to Exhibit H-1. Rcvised Confactual Scnices
Ccnification.
Allother terms and conditions ofthc Agreement rcmain in effect. Ifand to thc cxtcnt that any inconsistency
may appear bet\r'eerl the Agreement and this Amendment. the prolisions of this Amendment shall control.
REMAINDER oF PAGE INTENTIONALLY LEFT BL,{NK
't
N
l0
ll
DEP Agreement No. I2FRP17- Amendment No. l. Page 2 of3
Thc parties agree to the terms and conditions ofthis Amendment and have duly authorizcd thcir respective
rcpresentatives to sign it on the dates indicated below.
(,ITY OF DANIA BEACH
B_,"
Aulhorizcd Signaturc
Ana M. Garcia. ICMA-CM. Ciw Manascr
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By-'
Secretary or l)esigncc
Alex Reed. Director ofthe Olfice ofResiliencc and
Coastal Protcction['rint Namc and Tit]e
Datt'
Pint Namc and Titlc
List of attachmcnts,/exhibits included as pan ofthis Amendment
Datc
L('ttcr Nuo)har DescriptionSpecifu Tvpc
Attachmcnt l-,\Revised Standard Terms and Conditions ( I3 Dages)
Attachmenl .:-A Rcrised Special Temrs and (onditions (3 pages)
Attachmcnl 3-A ReYised Grant Work Plan (: pagcs)
Attachment 5-A Revised Special Audit Requircments (6 pagcs)
Attachment
Attachmcnt ll,A Revised Contract Provisions SLFRF (6 oages)
Exhibit AI Rer ised Progress Repon Form { I paue)
Exhibit F-i Rerised Final Proieet Renon (2 narest
F th ihit Il-l Revised Contractual Services ('enification (l nace)
Fxhibit J PUR 1808 - Common Carricr Attcstation (l Dase)
DEP Agreement No. 22FRP17. Amendment No. l. Page 3 of3
Relised Program Spccific Rcquirement (2 pages)
ST.\TE OT' Fl,ORIDA
DEP.\RT\TE\T OF ENvIRO\}IE\TAL PROTECTIO\
RE\'ISED STA\DARD TER}IS .\\D ('O\DITIO\S
APPLIC.{BLE T() (;RA\I- ACRf f IIE\TS
.\t.l \('H\tt_\t l-.\
l. Eotirc Agreement.
This Grant Agrccment, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreemcnt).
constitutcs the cntirc agreement between the parties with respcct to the subject matter hereofand superscdcs all pnor
agrccments, whether written or oral, with respect to such subjcct maftcr. Any terms and conditions includcd on
Grantee's forms or invoices shall be null and void.2. GrantAdministration.
a. Order ofPrecedence. Ifthere are conflicting proyisions among the documents that make up the Agrgement, the
ordcr ol'precedcncc for interpretation ofthe Agreement is as follows:
i. Standard Grant Agreementii. Attachments other than Anachment l. in numerical order as designated in the Standard Grant
Agrccmcntiii. Attachment 1. Standard Terms and Conditionsir. The Exhibits in the ordcr designated in thc Standard Grant Agreementb. All approrals, u'ritten or verbal. and other lr'ritten communication among the parties, including all notices. shall
bc obtaincd by or sent to the panies' Grant Managcrs. All wrincn communication shall be by electronic mail.
U.S. Mail. a couricr delivery senice, ordelivered in pcrson. Notices shallbe considered delivercd whcn retlected
bv an electronic mail rcad receipt, a courier sen,ice delilcry rcceipt, other mdl service delivery rcccipt, er whcn
receipt is acknou,ledged by recipient. [f the notice is delivered in multiple $ays, the notice u,'ill be considered
d.'lir crcd at thc carlicsl deli\ ery time.c. If a different Grant Manager is dcsignated by either party aftcr axccution ofthis Agreement, noticc ofthc namc
and contact information ofthe new Grant Manager uill be submitted in writing to the other party and maintained
in thc rcspective parties' records. A change of Grant Managcr does not require a formal amendmcnt or changc
ordcr to the Agreement.
d. This Agrcemcnt may be amended, through a formal amcndment or a change ordcr, only by a written agrecmcnt
betueen both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
( I ) an incrcase or decrease in the Agreemcnt funding amount;
(2)a ch..rngc in Grantee's match requuemcnts;
(3) a change in rhe expiration date of the Agreement: and/or
(4) changes to the cumulative amount of funding transf'ers benveen approved budgct categories, as detlncd in
Attachmcnl l. Grant Work Plan, that exceeds or is expected to cxcced twenty percent (200/b) of the total budgct
;rs last approved bl Departmetrt.
A change order to this Agreement may be used u-hen:
( I ) task timelines within the current authorizcd Agrecment period change:
(2) the cumulativc transfer offunds betueen approvcd budger categories, as defined in Attachment 3. Crant Work
Plan, are less rhan tuenty percent (20%) ofthe total budget as last approved by Departrnent:
(3) changing the currcnt funding source a-s stated in thc Standard Crant Agreement; and,/or
(4) f'und transfers between budget categories for the purposcs of mecting match requirements-
This Agrccment may be amended to provide for additional sen'ices ifadditional funding is made available by thc
Legislature.
c. All days in this Agrccment are calendar days unless otherwisc specified.3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agrcement, unless
extended or terminated earlier in accordance u,ith the applicable terms and conditions. The Grantee shall be eligible
tbr reimbursement lbr work performed on or after the date ofexecution through the expiration date ofthis Agreement.
unless otherwise specified in Aftacbment 2, Special Terms and Conditions. Horvever, '"r'ork performed prior to the
cxccution olthis Agreement may be reimbursable or used tbr match purposcs if permitted by the Special Terms and
Conditions.
Rc',. q l5 l()ll
.{ttachmert l-A
lof ll
4- Deliverahles.
The Grantee agrees to render the services or other units ofdglivcrablcs as sct fonh in Attachment 3. Grant Work Plan.
The sen ices or other units ofdeliverables shall bc delivcrcd in accordance with the schedule and at the pricing outlined
in th€ Grant Work Plan. Deliverables may be comprised of activitics that must be completed prior to Department
making payment on that deliverable. The Crantee agrees to perform in accordance with the terms and conditions set
fonh in this Agreemcnt and all attachmcnts and exhibits incorporated by thc Standard Grant Agrccmcnt.
5. PerformanceMeasures.
The Gmntee warrants that: ( | ) the services will be performed by qualiticd personncl; (2) the scn,ices *'ill be of the
kind and quality described in the Grant Work Plan: (3) thc ser','iccs will bc performcd in a professional and
workmanlike manner in accordance with industry standards and practices: (4) the services shall not and do not
knowingly infringe upon thc intcllectual propcrty rights, or any othcr proprictary rights, ofany third party: and (5) its
employees, subcontractors, an(ror subgrantees shall comply uith any security and safety requirements and processes.
ifprovided by Depanment, for work donc at thc Projcct Location(s). Thc Department resen'es the right to investigate
or inspect at any timc to detcrmine whcther the scrvices or qualifications offered by Grantee meet the Agreement
requiremcnts. Not$.ithstandi[g any provisions herein to thc contrary, written acceptance of a panicular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.6. Acceptance of Deliverables.
a. AcceDtance Process. All delil'erables must be received and acccptcd in writing by Department's Grant Manager
before payment. The Crantee shall work diligently to correct all deticiencies in thc dcliverablc that rcmain
outstanding. rvithin a reasonable timc at Grantcc's cxpensc. If Dcpanment's Grant Manager does not accept the
deliverables u'ithin 30 days ofreceipt, they u ill be deemed rejected.b. Reiection of Dcliverables. The Depanment resen cs the right to rcject deliverables. as outlined in the Grant
\\'ork Plan. as incomplctc, inadequatc, or unacccptablc duc. in wholc or in pan. to Grantee's lack of satisfactory
performance under thc tcrms ofthis Agrcement. The Grantec's effons to correcl the rejected deliverables uill
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with thc Grant Work Plan will rcsult in rcjcction ol'thc dcliverable and the associated
invoicc. Paymcnt for thc rejcctcd dclivcrablc t!ill not bc issued unless thc rcjcctcd delivcrablc is madc
acceptable to Department in accordance uith the Agreement requirements. The Depanment. at its option, may
allow additional timc rvithin which Grantce may rcmedy thc objections noted b1'Dcpatment. Thc Grantee's
failure to make adequate or acceptable delivcrables atier a rcasonablc opponunity to do so shall constitute an
evenr ofdefault.7. Financial Cousequences for Nonperformance.a. $'ithholdine Payment. ln addition to the specific consequences explained in the Grant Work Plan and;or
Special Terms and Conditions. the State ofFlorida (State) rcscrvcs the riSht to vvithhold paymenr when thc
Grantee has failed to per[orm,,comply with provisions ofthis Agrecment. None ofthc financial conscquences
for nonperformance in this Agreement as more fully dcscribcd in thc Grant Work Plan shall bc considcrcd
penalties.
b. Invoice reduction
lfGrantee does not meet a deadline for any deliverable. the Departmcnt will reduce thc invoice by l'ro lor each
day the deadlinc is missed. unless an cxtcnsion is approvcd in writing by the Department.c. Corrective Action PIan. IfGrantee fails to coEect all th€ deticiencies in a rejected deliverable within the specified
timeframe, Depanment may, in its sole discretion, requcst that a proposed Corrcctive Action Plan (CAP) bc
submittcd by Gmntee to Departmcnt. The Department requcsts that Grantee specify the outstanding deficiencies
in the CAP. All CIAPs must be ablc to bc implcmcnted and pcrformcd in no morc than sixty (60) calcndar days.
i. The Grantce shall submit a CAP within tcn (10) days ofthc datc of thc writtcn request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days ofreceipt ofa CAP. Depanment shall notily Grantcc in writing whethcr the
CAP proposed has been accepted. lf thc CAP is not acccptcd, (irantec shall havc rcn ( l0) days ftom
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval ofa CAP as spccificd abovc may rcsult in Department's termination of
this Agrecmcnt for causc as authorizcd in this Agrccment.ii. Upon Department's noticc ofacceptance ofa proposed CAP, Grantee shall havc tcn (10) days to
commence implementation ofthe accepted plan. Acceptance ofthe proposed CAP by Department
does no1 relieve Crantec ol'any of its obligatioN undcr the Agrccmcnt. In the event the CAP l'ails
to corect or eliminate perfarmance deficiencies by Grantec, Department shall rctain thc right to
Attachment l-A
2of13
Re\'. 9,/15,/2023
require additional or further remedial steps. or to terminate this Agreement for failure to perfom.
No actions approved by Department or steps taken by Grartce shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies arc corrected. Reports on the progress ofthe CAP \,i11 bc made to
Department as requested by Department's Grcnt Manager.
iij. Failure to respond to a Depafiment rcquest for a CAP or failure to corect a deficicncy in the
performance of the Agreement as specified by Department may result in tcrmination of the
Agreement.8. Payment.a. Pavment Process. Subject to the terms and conditions established by the Agreement, the pricing pcr dcliverable
established by the Grant Work PIan, and the billing procedures established by Departmcnt, Dcpartment agrees
to pay Grantee for serviccs rcndered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. Thc Dcpartmcnt is exempted from payment ofState sales, use taxes and Federal excise taxes. The Gmntee,
however. shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials uscd to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in secudng such materials. The Grantee
shall be responsible and liable for the payment ofall its FICAJ'Social Security and other taxes resulting from this
Agreement.c. Maximum Amount of Asreement. The m&ximum amount of compensation under this Agreement. without an
amendment. is described in the Standard Grant Agreement. Any additional funds necessary for thc oomplction of
this Project are the responsibility ofGrantee.d. Reimbursement lbr Costs The Crantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion. submittal. and approval of each dcliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Paymenl Request Summary Form. To be eligible for
reimbursement, costs musr be in compliance with lau,s, rules, and rcgulations applicable to expenditures of State
funds. including. but not limited to, the Reference Guidc for State Expenditures. which can be accessed at the
httDS:/,'\4\r'rv.mvlloridacfo.com/docs-sflaccouoting-and-auditing-libraries/state-
agcncics/rctircncc-suidc-lbr-statc-cxpcnditurcs. pdi'.
Rural Comniunitics and Rural Arcas of L)pponunitv. [f Granteeisacountv or municipality that qualifies as a
following web address
c
"rural community" or "rural area ofopportunity" (ILAO) as defined in subsection 288.0656(2), F.S.. such Grantee
may request from the Departmelt that all invoice payments (i.e., cost reimbursement) under this Agreement be
directed to the relevanl county or municipality or to the R-AO itsclf. The Depatment will agree to Grantee's
request if:
i. Grantee demonstates that it is a county or municipality that qualifies as a "rural community" or
"rural arca ofopportunity" under subsection 288.0656(2), F.S.:
ii. Grantee demonstmtes curaent financial hardship using one (1.1 or more of the "economic distress"
l'actors defined in subsection 288.0656(2)(c), F.S.:iii. Grantee's perlbrmance has been verified by the Department, which has determined that Grantee is
eligible for cost rcimburscmcnt aDd that Grantee's performance has been completcd in accordance
with this Agrccmcnt's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments.
This subsection may not be constued to alter or limit any other applicable provisions of federal or state lau, rule,
or regulation. A curent list of Florida's designated RAOs can be accessed at the following web address:
httns://fl oridaiobs.ore,/commulitv-plannin g-and-devel mcnvrural-communilv-orosrams/rural-areas-o1'-
opBa44ry.i lnvoice Detail All charges for scrviccs rcndcrcd or 1br reimbursement of expenses authorized by Dcpartmcnt
pumuant to the Grant Work PIan shall be submitted to Department in sufficient detail fbr a proper pre-audit and
post-audit to be performed. The Grantee shall orly invoice Department for deliverables that are complcted in
accordance with the Graat Work Plan.g. State Funds Documentation. Pursuant to section 216.1366, F.S., ifContactor meets thc dcfinition ofanon-profit
organization under section 215.97(2Xm), F.S., Contractor must provide the Department with documentation that
indicates the amount of state funds:i. Allocated to be used during the full term of the contract or agreement for remunemtion to any
member ofthe board ofdirectors or an officer ofContractor.ii. Allocated under each payment by the public agency to be used for remuneration ofany member of
the board ofdirectors or an ofhcer ofthe Contractor.
Rev. 9,l5/2021
Attachment 1-A
3 of 13
The documentatian must indicate the amounts and recipients of the remuneration. Such information must be
posted oo thc State's thc contract tracking system and maintained pursuant to section 215-9E5. F.S.. and must bc
posted on the Conhactor's website, ifCootractor maintains a wcbsitc.h. Interim Pavments. lntsrim payments may be madc by Department. at its discretion. if thc completion of
deliyerables to date hare tinit been accepted in writing by Department's Grant Manager.i. Final Palment Reoucst. A final payment request should be submitted to Department no later than sixty (60) days
lollowing the expiration dale of the Agrcement 10 ensure the availability of funds lor payment. However, all
work pertbrmcd pursuant to the Gmnt Work Plan must be pertbrmcd on or beforc the expiration date of the
Agreement.j. Amual Appropriation Continsencv. The State's performancc and obligation to pay under this Agreemcnt is
contingent upon an annual appropriation by the Lcgislature. This Agreement is not a commitment of luturc
appropriations. Aurhorization for continuation and completion of work and any associated payments may bc
rescinded. uith proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
k Interest Ralcs. All intercst rates chargcd under the Agrecment shall bc calculated on thc prevailinS rate used b)
rhe Statc Board of Administration. To obtain the applicablc intercst ratc. pleasc refcr to
https:/tu $ w. myfloridacfo. coro'diYision/aa/local-governmcnts/iudgcmclrt-intcrcst-ratcs-
l. Refund ofPayments to the Department Any balance of unobligated funds that have been advanced or paid must
be refundcd to Department. Any funds paid in excess ol'thl3 amount to which Grantee or subgrantee is entitlcd
under the tcrms ofthe Agreement must bc refundcd to Department. Ifthis Asreement is f'unded with t'ederal funds
and the Dcpanment is required to ret'und the federal govcmment. thc Grantee shall rcfimd the Dcpartment iE
share of those funds.9. Documentation Required for Cost Reimbursement Grant AgreemeDts aDd Match.
lf Cost Reimbursement or Match is authorizcd in Aftachmcnt 2. Special Tcrms and Conditions, the following
conditions apply. Supponing documentation must be providcd to substantiatc cost reimburscment or match
rcqurrcmcnts for the followrng budget catcgories:a. Salan,{Vaees. Grantec shall list personnel involved, position classification, dircct salary rates. and hours spent
on thc Prdect in accordance with Attachment 3, Grant Work Plan in their documcntation for reimbursement or
match requirements.
b. Or erhead,lndirecuGeneral and Administrative Costs. lf Crantee is being reimbursed tbr or claiming match for
multipliers. all multiplicrs used (i.e.. fringe benefits. orcrhcad. indircct. andor gcncral and administrative rates)
shall be supported by audit. If Deparrmcnt determines that multiplicrs charged by Grantec excccded the Iatcs
supported by audit, Crantce shall be required to reimburse such funds to Departmsnt within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.c. Contractual Costs ( Subcontractors ). Match or reimburscment rcqucsts tbr paymcnts to subcontractors must be
substantiated by copics of invoices with backup documentation identical to that requircd from Grantcc.
Subcontracts which invoh'c palments for dircct salarics shall clearly identifu the persomel involvcd, salary ratc
per hour. and hours spent on the Project. All eligible multipliers used (i.e., liinge benefits, overhead, indirect,
andlor gcneral and administrativc ratcs) shall be suppo(ed by audit. If Dcpartment determines that multipliers
charged by any subcontractor exceedcd the rates supported by audit. Grantee shall be required to rcimburse such
funds to Dcperrment \.!ithin thirty (30) days of uttten notification. lnterest shall bc charged on the excessi\c
rate. Nonconsumable and,or nonexpendable personal propefty or equipment costing S5,000 or more purchased
tbr thc Project under a subcontract is subject to the rcquirements set lorth in chaplers 273 andbr 274, F.S., and
Chapter 691-72. Florida Administrativc Codc (F.A.C.) antl/or Chaptcr 691-73. F.A.C.. as applicable. The Grantec
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as pan of the delivery of sen'ices. The Grantce shall comply with this requirement and cnsure its
subcontracls issued under this Agreement. ifany, impose this requiremcnt. in x,riling. on its subcontractors-i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
a\lard, on a oompetitive basis, fixed-pricc subconhacts to consultants/contractors in perfbrming thc
rvork described in Attachment 3, Crant Work Plan. lnvoices submrtted to Department for fixed-
price subcontracted activities shall bc supported with a copy of the subcontractor's invoice and a
copy ofthc tabulation form for the competitive procurement proccss (c.g.. Invitation ro Bid. Request
for Proposals, or other similar competitivc procurcmcnt document) rcsulting in thc fixed-pricc
subcontract. The Grantee may request approval from Department to award a fixed-price subconract
rcsulting from procurcmcnt methods othcr than those idcntified above. In this instancc. Grantee shall
requesl thc advance \4ritten approval from Departmcnt's Grant Manager of thc' fixed prict'
Attachment 1-A
.1ofl3
Rcv. 9115/2023
negotiated by Grantee. The lener of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon rcceipt of Department Grant Managcr's
approval ofthc fixed-price amount, Grantee may proceed in finalizing the fixcd-price subcontract.
ii. If the procurement is subject to thc Consultanl's Comperiti!'e Negotiation Act undcr section
287.055. F.S. or the Brooks Act. Crantee musl provide documentation clearly evidencing it has
complicd with the statutory or federal rcquirements.
d. Travel. All requests for match or reimbursement oftravel expcnses shall bc in accordance with scction I 12.061.
FS
e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costinS
55.000 or more. Match or reimburscmcnt tbr Grantee's dircct purchasc of equipmcnt is subject to specihc
approval ol l)epartmcnt, and docs not include any equipmcnt purchascd under thc dclivcry of scn'iccs to bc
complctcd by a subcontractor. lnclude copies of invoiccs or receipts to documcnt purchascs, and a propcrly
completed Exhibit B, Property Reporting Form.
t. Rental Lcase ofEquipment. Match or reimbursement requests tbr renaulease ofequipment must include copies
of inrrriccs or rcccipls t() documcnt charges
Misctllancousr Othcr Expcnscs. lf miscellancous or othcr expcnscs, such as materials, supplies, non-cxcluded
phonc cxpenses, reproduction, or mailing, are rcimbursable or available for match or rcimbursement under the
terms of this Agreement. the documentation supponing these expenses musl b9 itemized and include copies of
receipts or invoices. Additionallv, independent of(irantee s contract obligations to its subcontractor. Dcpartment
shall not reimburse any of the following types of charges: ccll phone usage; attomey's fecs or coun costs; civil
or administrative penalties; or handling fees, such as set percent overages associated u'ith purchasing supplies or
equipmcnt.h. Land Acquisition. Rcimbursement lbr the costs associated with acquiring interest and'or rights to rcal properry-
(including access rights through ingrcss,,egress easements, leases. liccnsc agreemcnts. or other sitc access
agreemcnts; and/or obtaining record title ownership ofreal propcrty through purchase) must be supportcd by the
Ibllowing. as applicable: Copies of Property Appraisals, Environmental Site Assessments, Suneys and Legal
Descriptions. Boundary Maps, Acreage Ccrtification. Title Search Rcports. Titlc Insurancc. Closrng
Statemcnts,rDocuments. Deeds. Leases. Easemcnts- Licensc Agreements. or other legal instmment documenting
acquired proper!- interest and,,or rights. If land acquisition costs are used to meet match requirements. Grantee
agrees that those funds shall not bc used as match for any other Agreemcnt supported by State or Fedcral funds.
10. Status Reports.
The Grantec shall submit status reports quarterly, unless otherwisc specified in the Attachmcnts. on Flxhibit A-
Progress Report Form. to Department's Grant Managcr describing the uork pcrformed during thc reponing period.
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reponing period-
Quarterly status reports arc due no later than twenty (20) days lollowing the completion ol the quarterly reponing
pcriod. For the purposcs of this reporting requiremcnt. the quarterly rcporting pcriods end on March 31, June 30,
Seplember 30 and Deccmber 3l - The Dcpartment u ill rcview the rcquired reports submitted by Crantee \r ithin thirt)
(30) days.
ll. Retainage.
Thc following provisions apply ifDepanment withholds retainage under this Agrcement:a. The Department resen es the righl to establish the amount and application of retainage on the u,ork perfbrmed
under this Agreemcnt up to the maximum percentage dcscribed in Attachment 2. Special Tcrms and Conditions.
Retainagc mav be withhcld from cach payment 10 Grantee pcnding satisfack)ry completion ofwork and approval
of all dcliverables.b. lfcrantee fails to perfbrm the requested work or tails to pertbrm the work in a satisfactory manner. Grantee shall
fofcit its righl to paymcnt of the retainage associated with the work. Failure 10 perform includes. but is not
Iimitcd to, failure to submit the required delivcrables or failurc to providc adcquate documcntation that thc work
{.as actually performcd. The Depanment shall provide writtcn notification to Grantee of the failure to pcrlbrm
that shall rcsult in retainage forfciture. [fthe Grantee does not correct the l'ailure to perform within the timcframc
stated in Dcpartmcnt's notice. the retainage will bc lorleited to Departrnent.c. No retainaSe shall bc rclcased orpaid for incomplcte \lork while this Agreemcnt is suspended.d. Except as otheNise provided abore, Crantee shall be paid the retainage associated $ith the u'ork. provided
Grantec has completcd thc work and submits an invoicc for retainagc hcld in accordance with thc inr,oicing
procc,Jurcs under this Agreement.
12. Insurance.
Rev.9r15,20ll
Att.chment l-A
5of13
lnsurance Requirements for Sub-Grantees andror Subcontractors. The Grantee shall require its sub-grantees
and/or subcontactors, ifany, to maintain insurancc coverage ofsuch t)?es and $,lth such terms and limits as
describcd in this Agrccmcnt. Thc Crantee shall require all its sub-grantees and./or subcontractoN, ifany. to
make compliance with thc insurancc requirements ofthis Agrcement a condition ofall contracts that arc rclated
to this ASreement. Sub-grantees and,or subcontractors must pror ide proofof insurance upon request.b. Deductiblcs. The Dcpanment shall be exempt tiom. and in no way liable for. any sums oimoney relrcscnrng a
deductiblc in any insurance policy. The paymcnt ofsuch dcductible shall be the sole responsibilit_v ofthc
Grantac providing such insurance.
Proofof lnsurance. Upon execution ofthis Agreement, Grantee shall pror ide Department documentation
demonstrating the cxistence and amount for each type ofapplicable insurancc coverage rrrior,, performancc of
any work under this Agreement. Upon reccipt ol'written requcst tiom Department, Grantec shall fumish
Departmcnt \a'ith proof of applicablc insumncc coverage by standard form certificates of insurancc, a self-
insured authorization. or other certilication of self-insurance.d. Dutv to Maintain Cor-erage- In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Gmntee cannot get adcquate coveragc, Grantee shall immediatcly notify Dcpartment ofsuch
cancellation and shall obtain adequatc replacemcnt co\erage conforming to the requiremcnts herein and proyide
proofofsuch replacement coverage within ten ( l0) days after the cancellation ofcoverage.e. Insurance Trust. If the Grantee's rnsurance rs pror ided through an insurance trust. the Grantee shall instead add
the Dcpartment of Environmental Protection. its cmployees. and officers as an additional covered party
everywherc the Agrecment requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion.
terminatc thc Agreemcnt in wholc or in part by giving 30 days' $'riften noticc to Grantee. The Dcpartment shall
notify 6rantce ofthc termination for conveniencc with instructions as to the etTective datc oftermination or the
specific stage of $'ork at which the Agreement is lo be terminatcd. The Grantce must submit all invoiccs for
work to be paid undcr this Agreemcnt within thiny (30) days ofthe effectivc date oftermination. Thc
Departmcnt shall not pay any invoices receiYed after thirty (30) days ofthc cllective datc of termination.
b. Termination for Causc. Thc Department may tcrminate this Agreement if any ofthe events ofdefault dcscribed
in the Ercnts ofDefault provisions below occur or in the event that Grantec fails to fulfill any of its other
obligations under this Agreement. lf, after termination, it is determined that Grantee was not in default, or that
thc dcf'ault was excusable. the rights and obligations ofthe partics shall be the same as ifthe termination had
been issucd for the convenience of Department. Thc rights and remedies of Department in this clausc arc in
addition to any othcr rights and remedies provided by law or under this Agrccmcnt.
c. Grantee Oblications uDon Notice ofTermination. Afier receipt ofa notice oftermination or partial termination
unlcss as otherwise dirocted by Department, Grantce shall not f'urnish any scrvice or deliverablc on thc date. and
tothc cxtent specified, inthcnotice. However. Grantee shall continue work on any portion olthe Agrcement
not rerminated. Ifthc Agreement is terminated bclbre performance is complcted, Grantec shall be paid only for
rhat work satisfactorily performed tbr Ehich costs can be substantiated. The Grantee shall notbeentitledto
recoler any cancellation charges or lost profits.
d. Continuation of Prcpaid Services. If Department has paid for any scrvices prior to the expiration, cancellation,
or termination ofthc Agreement. Grantee shall continue to providc Department with thosc scrvices for which it
has already been paid or, at Department's discretion. Grantee shall provide a refund for services that hale been
paid for but not rendcred.
Transition of Sen iccs Unon Termination. Exoiration. or Cancellation of thc Acreement. Il-scr'"ices provided
under thc Agreement are being transitioned to another provider(s), Grantec shall assist in the smooth tansition
of Agreemenr services to the subsequent provider(s). This requiremenl is at a minimum an affirmative
obligation to cooperale with the nc\r' provider(s), ho\r'ever additional requirements may be outlined in thc Grant
Work Plan. The Grantee shall not perform any ser\'ices aftcr Agreement expiralion or tcrmination. exccpt as
necessary to completc the transition or continued portion ofthc Ageement. ifany.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement. including. any of
the events of default. Dcpanment shall provide notice to Crantee and an opportuniry to curc that is reasonable under
thc circumstances. This noticc shall state the naturc ofthe failure to pcrform and provide a (imc ccrtain tbr correcting
the failure. Thc notice will also provide that, should the Grantee fail to perform within the time provided, Crantcc will
be found in dclault, and Department may terminate the Agreement eflective as of the date o[ rcceipt of the default
notice.
Rcl'.9,1512023
Attachment l-A
6ofl3
15. Events of Default.
Provided such f'ailue is not the fault of Department or outside the rcasonable control of Gmntee, the following non-
exclusive list ofevents. acts. or omissions, shall constitute events of default:
a. Thc commitmcnt of any material breach of this Agreement by Grantee, including failure to timely dcliler a
material deliverable. f'ailue to perform the minimal level ofservices required for a deliverable, discontinuance of
the perlormance of the work, l'ailure to resume work that has been discontinued within a reasonablc time aftcr
notice te do so, or abandonrnent ofthe Agreemcnt:b. The commitment of any material mrsrepresentation or omission rn an,"- matcrials. or discovery by the Depanment
of such. made bl the Grantee in this Agreemcnt or in its application for funding:
c. Failure to submit any of thc repons requted by this Agreement or having submitted any report &ith incorrect.
incompletc, or insutlicicnt rnformation:d. Failure to honor any term ofthe Agreement;
c. Failure to abide b1'any statutory. rcgulatory. or licensing requirement. including an entry of an order revoking
the cenificate ofauthority granted to the Crantce by a state or othcr licensing authorityi
f. Failurc to pay any and all entities, individuals, and fumishing labor or matcrials, or failure to make paymcnt to
any other entities as required by this Agreement:
g. Employment of an unauthorized alien in the perfbrmance of the work. in violation ol'Section 274 (A) of the
lmmlgration and Natronalitv Aclih. Failure to maintain thc insurance required by this Agreement;i. One or more of the follorving circumstances, uncorected for morc than thirry (30) days unless, within the
spccificd 30-day pcriod, Grantec (including its rccciver or trustcc in bimkruptcy) provides to l)epartment adequate
assuranccs, rcasonably acceprable to Dcpartment, ofits continuing ability and rlillingness b fulfill its obliSations
under the Agreement:
i. Entry of an order for rcliefunder Title I I ofthe United States Code:ii. The making by Grantce ofa general assignment for the benefit ofcreditors;iii. The appointment ofa general recciver or trustcc in bankruptcy of Gmntcc's business or propefiy;
and, oriv. An action b)' Grantcc under any statc insolvency or similar la* for the purposc of its bankruptcy.
reorganization. or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion. suspend any or all activities under the Agreement, at any time. rvhen it rs
in the best interest ofthe State to do so. Thc Department shall provide Grantce written noticc outlining thc paniculars
of suspension. Examples of reasons fbr suspension include. but are not limitcd to. budgetary constraints. dcclaration
ofemergency. or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notrce.
within 90 days, or any longcr period agreed to by thc parties, Department shall cither: (l) issuc a notice authorizug
rcsumption of work, a1 which time activity shall resume; or (2) terminate thc Agreement. If the Agecmenr is
lerminated afier 30 days ofsuspension. thc notice ofsuspcnsion shall be decmed to salisry thc thirty (10) days' norice
required for a notice of termination for convenience- Suspension of uork shall not entitle Grantee to any additional
compensation-
17. Force Majeure.
The Grantee shallnot be rcsponsible for dclavresulting from its failure to perform ifneither the l'ault nor the ncgligence
of Grantee or its employccs or agents contributed to the delay and thc delay is duc directl), to acts ofcod. wars. a s
of public cncmics. saikcs. firss. floods, or other similar cause whollv beyond Grantee's control. or lor any of the
foregoing that affect subconractols or suppliers if no altemate source of supply is available to Grantee. ln case of
any delay Grantee believes is excusable. Grantee shall notiry Department in writing of the delay or potential delay
and describe the causc of the delay eithcr (l ) within ten days after the cause that creates or u ill create the dclay first
arose. if Grantec could reasonably foresee that a delay could occur as a rcsult: or (2) if dclay is not rcasonably
foreseeablc. within five days after the date Grantee first had reason to believe that a dclay could result. THE
FORf,COING SHALL CONSTITUTE THE GRA\TEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition prccedent to such remedy. No
claim for damages, other than for an extension oftimc. shall be asscned against Dcpartment. Thc Grantee shall not be
entided to an increase in the Agrccment price or payment of an.v kind liom Dcpanment for dircct. indirect,
consequential. impact or other costs. cxpcnses or damagcs, including but not limited to costs of accclcration or
inefficicncy. arising becausc of delay, disruption. interference, or hindrancc l'rom any cause whatsocver. If
pcrformancc is suspended or delayed, in whole or in part, due to any ofthe causcs described in this paragraph. after
the causes ha\e ceased to exist Grantee shall perform at no increased cost. unless Department determines. in its sole
Attachment l-ATofll
Rcv.9it5/2021
discretion, that the delay $ ill significantly impair the value ofthe Agreement to Department, in which case Depanment
may: (1) accept allocated performancc or delivcries from Grantee, providcd that Grantec grants prcfcrential treatment
to Dcpartment with respect to products subjectcd to allocatbn: (2) contlacl with othcr sources (without recoursc to
and by Grantcc for the rclatcd costs and expenses) to replace all or part ofthc products or sen'ices lhat are the subject
ofthe delay. r'hich purchases may be deducted from the Agreement quantity; or (3) terminate Agreemenl in whole or
in pan.
18. IndemItification.a. The Gmntee shall be fully liable for thc actions of its agents, employees. partners, or subcontractors and shall
fully indemnifu, defend, and hold harmless Departmcnt and its ofticers, agents, and employees, from surts.
actions. damages, and costs ofevery name and description arising from or rclating to:
i. personal injury and damage to rcal or personal tangiblc propcrty allcgcd to bc caused in whole or rn
part by Gruntee, its agents, employees, parmers. or subcontractors: provided. houe!er, that Grantee
shall not indcmnifo for that portion ofany loss or damages proximatcly caused by the negligent act
or omission of Dcpartment;ii. the Crantee's breach ofthis Agrecmcnt or thc ncgligent acts or omissions ofGrantcc.b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Granteei ( I ) written noticc ofany action or threatcn.d action; (2) thc opponunity to takc over
and scftlc or defend any such action at Grantee's solc cxpcnsc; and (3) assistance in defending th. action at
Grantee's sole expense. Thc Grantee shall not be liable lor any cost. cxpcnsc. or compromise incured or made
by Depanment in any legal action without Grantee's prior written consent. u'hich shall not be unreasonablv
withheld.
c. Nonvithstanding sections a. and b. above, thc following is thc solc indemnification provision that applics to
Grantees that are govemmental entities: Each party hereto agrees that it shall be solely responsible tbr the
negligent or wrongful acts of its employces and agcnts. Houcler. nothing contained hercin shall constitutc a
n ai\.er by either pany of its sovcrcign immunity or thc provisions of scction 768.28. l-.S. Furthcr. nothing herein
shall be consmred as consent by a state agency or subdivision ofthc State to be sued by third panies in any mancr
arising out ofanl contract or thts Agreement.d. No prolision in this Agreement shall requirc Dcpanmcnt to hold harmless or indemnily Grantee. insure or assumc
liabiliry for Grantee's negligence. waive Departmcnt's sovcrcign immunitv undcr the la\rs of Florida, or
other&isc imposc liabilitv on Department for u'hich it rvould not othcrwisc be responsible. Any provisron.
implication or suggestion to the conlrary is null and void.
I9. Limitation of Liability.
The Department's liability for any claim arising from this Agrccmcnt is limitcd to compcnsatory damages in an amount
no greater than the sum of the unpaid balance ofcompensation due for goods or sen'ices rendered pursuant to and in
compliance uith the terms ofthe Agreemcnt. Such liability is funhcr limitcd to a cap of$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make (jrantec liablc lor tbrcc majcure cvcnts. Nothing in this
Agreement, including linancial consequences for nonperformance, shall limit Department's right to pursue rts
remedies for othcr tlpcs ofdamages under the Agreement. at law or in equity. The Depanment may. in addition to
other remedies a\ ailablc to it. at lau or in cquity and upon noticc to Grantec. retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damagcs, pcnalties. costs and the like assened by or against it.
2l- Waiver.
The delay or failure by Depanment to exercise or enlbrce any ol'its rights undcr this Agrcemcnt shall not constitute
or be deemed a waiver ofDepanment's right thercaller to enforce thosc rights. nor shall any single or partial exercisc
ofany such right preclude any other or further exercise thereofor lhe exercise ofany other right.
22. Statutory Notices Relating to Unauthorized Employmelt aDd Subco[tracts.a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation ol Scction
27.1A(e) of the Immigration and Nationality Act. If Orantcc/subcontractor knowingly cmploys unauthorized
aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with privatc organizations issued as a result ol'this Agrcemcnt.b. Pursuant to scctions 287.133, 287.134. and 2117.137 F.S., thc following restrictions apply to persons placed on
the convicted vendor list. discriminatory vendor list. or thc antitrust violator vcndor list:
Public Enrity Crimc. A person or affiliate who has bccn placcd on thc convictcd vendor list
following aconviction for a public entity crimc may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract \a,ith a public entity ft)r thc construction or rcpair o f a public building or public work; may
Attachment l-A
8 of t3
Re\'. 9115,2023
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, subconfactor, or consultant under a contractwith any public
entity; and may not transact business with any public entity in excess of thc threshold amount
provided in section 287.017, F.S.. for CATEGORY TWO for a pcriod of36 months following the
date ofbeing placed on the convicted Yendor list.
ii. Discriminatorv Vendors. An entity or alfiliate uho has been placed on thc discriminatory vendor
list may not submit a bid, proposal, or reply on a contact to provide any goods or services to a
public entity; may not submit a bid, proposal, or rcply on a contract u'ith a public cntity for the
construction 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 awardcd or perform \i!,ork as a contractor.
supplier. subcontractor, or consultant under a contmct with aDy public entity; and may not transact
busincss with any public entity.
iii. Antitrust Violator vendofs. A person or an affihate who has been placcd on thc antitrust violator
vendor list following a conviction or being held civilll' liable for an antitrust vrolation may not
submit a bid, proposal, or reply on any contract to provide any good or scrvices to a public entill.
may not submit a bid, proposal, or rcply on any contract with a public entity lbr the constuction or
repair ofa public building or public work; may not submit a bid, proposal, or reply on leases ofreal
propert-v to a public entity; may not be a*arded or pcrform work as a Grantee. supplier,
subcontractor, or consultant undcr a contact with a public entity: and may not transact ncw busincss
with a public entity.
iv. Notification. The Grantcc shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during thc lil'e ol the Agreement. The Florida Department of Managcmcnt
Services is responsiblc lbr maintaining the discriminatory vendor list and thc artitrust violator
vendor iist and posts thlr list on its website. Questions regarding the discriminatory vcndor list or
antitrust violator vcndor list may be directed to the Florida Department of Managcment Sen'ices,
Office of Supplicr Diversity, at (850),187-0915.
23. Compliance r]ith Federal, State and Local Laws.
a. Thc Grantcc and all its agents shall comply \r'ith all fcdcral, state and local rcgulations, inciuding. but not limited
to. nondiscrimination, wages, social security, workers' compensation. Iicenses, and registration requirements.
Thc Grantcc shall includc this provision in all subcortracts issued as a result ofthis Agrccment.
b. No person, on the grounds of racc, crecd, color, religion, national origin, age, gender, or disabiliry, shall bc
excluded liom participation in, be denied the proceeds or benefits of; or be othenvise subjected to discrimination
in pcrformancc ofthis Agreement.
c. This Agreement shall be govemed by and construcd in accordance with the laws ofthe State of Florida.
d. Any dispute conceming performance ofthe Agr,::ement shall be proccsscd as described herein. Jurisdiction for
any damages arising under the terms ofthe Agreement will be in the courts ofthe State. and venue $'ill be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law. the partres agree to be
rcsponsiblc for thcir orvn attomey fees incurred in conncction with disputes arising undcr thc terms of this
Agreement.
24. Build America, Bu-y America Act (BABA) - Infrastructure Projects with Fcderal Funding.
This provision does not apply to Agrcements that are nholly fundcd by Corooavirus State and Local
Fiscal Recov€ry Funds under the .A.merican Rescue Plan Act. Also, this provision does not apply where
there is z valid waiyer in place. Howeyer, the provision may apply to funds expended before the waiver
or after cxpiration of thc waiver.
Ifapplicable, Recipients or Subrecipients ofan arvard ofFederal linancial assistance from a program fbr
infrastructurc arc rcquircd to comply with the Build America, Buy America Act (tsABA)- including the
following provisions:
a. All iron and steel used in the project are produced in the United States--this means all manufacmring processes,
liom the initial melting stage through the application ofcoatings, occurred in the United States;
b. A1l manufacturcd products used in the project are produced in the United States-this means the manufactured
product was manufactured in the Unitcd States; and the cost ofthc components ofthe manufacturcd product
that are mined, produced, o. manufactued in the United States is grcater than 55 percent ofthe total cost of all
components ofthe manufactured product, unlcss another standard lor dctcrmining the minimum amount of
domestic content ofthe manufactured product has been established under applicable law or regulation; and
Attachment l-,A.
9 of 13
Rcv. 911512023
c. All construction materials are manufactured in the United States-this means that all manufacturing processes for
the construction material occurred in the United S[ates.
The Buy America preference only applies to articles. matcials, and supplies that are consumcd in. incorporated
into. or affrxed to an infrastmcturc project. As such, it does not apply to tools, equipment. and supplies. such as
temporary scaflolding, brought to thc construction sitc and removcd at or belbrc the completion ofthe
infrastructurc project. Nor does a Buy America prefercnce apply to equipment and fumishings, such as movable
chairs, desks. and portable computer equipment, that arc used at or within the finished inliastrucrure project but
arc not an integral part ofthe structurc or permanently affixed to the infrastrucrure project.
25. Investing itr America
(;rantces ofan award for construction projects in lvholc or in part by thc tsipartisan Infrastructure Law or thc
Inflation Reduction Act, including the fbllowing provision:a. SignagcRequirements
a. Investing in America Emblem: The recipicnt u,ill ensurc that a sign is placed at construction
sitcs supported in wholc or in part by this award displaying thc official Investing in America
emblem and must idenlify the project as a "project fi.uded by President Biden's Bipartisan
lnfrastructure Law" or "project funded by Prcsident Biden's Inflation Reduction Acl" as
applicable. The sign must be placed at construction sites in an easily visible location that can bc
directly linked to the work taking place and must be maintained in good condition throughout the
constructiun period.
The recipient will ensure compliance u ith the guidelines and design specifications provided by
EPA fbr using the official lnvesting in Amcrica emblem available at:
hftps: wuat.eDa.go! in\esLln\esting-america-signa8e.
b. Procuring Signs: Consistent with scction 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 arc considered an allo$'able cost under this assistancc agreement providcd that the costs
associatcd with signage arc reasonable. Additionally. to increasc public awareness of projects
sen ing communities where English is not thc predominant language. recipients are encouraged to
translate the language on signs (excluding the official I[\'esting in America emblem or EPA logo
or scal) into the appropriate non-English language(s). Thc costs of such translation are allowablc.
provided the costs aro rcasonable.
26, Scrutinized Companies,a. Grantcc certifies that it is not on the Scrutinized Companies that Bo.ycott lsracl List or engaged in a
boycott oflsrael. Pursuant to section 287.135. F.S.. the Departmcnt may immediately terminate this
Agrcement at its solc option ifthe Grantcc is found to havc submitted a false ccrtification: or ifthc
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the tcrm ofthe Agreement.
b. Ifthis Agreemert is for more than one million dollars, the Grantee ccrtifics that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companics with Activities in thc Iran
Petroleum Energ)- Sector List. or engaged with business operations in Cuba or Syria as identified in
section 287.135. F.S. Pursuant to section 287.115. F.S.. thc Department may immcdiately terminatc
this Agreement at its sole option ifthe Grantee is found to have submined a falsc ccrtification: or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the lran Pctroleum Energy Scctor List, or €ngagcd with business
operations in Cuba or Sy a during the term ofthe Agreement.
c. As provided in subsection 287.135(8). F.S.. if federal law ceascs to authorize thcse contractrng
prohibitions. then they shall become inoperative.
27. Lobbying and Integritv.
The Grantce agrees that no funds received by it under this Agreement will be cxpended for the purpose of lobbying
the Lcgislature or a State agcncy pursuant to scction 216.347, F. S., except that pursualt to thc rcquirements of scction
287.051t(6), F.S., during the term ofany executed agreement between Grantee and the State, Grantee may lobby the
elecutive or Iegislative branch conceming thc scope of sen'iccs. performance. lerrn. or compcnsation regarding that
agrccment. The Grantec shall comply with sections I I .062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books, records and documents dircctly pertinent to performancc under this Agreemenl ln
accordance with Unitcd States generally accepted accounting principles (US (iAAP) consistently applied. The
Dcpartment, the Statc. or their authorized representativcs shall have access to such records for audit purposes during
Attachment l-.{
l0 of l3
Rc\. I I i,20ll
the rerm ofthis Agreement and lbr tive (5) years tbllowing the completion date or termination ofthe Agreemenl. In
thc c!ent that any \\ork is subcontracted, Grantce shall similarly rcquirc each subcontractor to maintain and allou
access to such records lbr audit purposes. Upon rcquest ofDepartment's Inspector Gcncral, or other authorized
State official, Grantce shall providc any qpe ofinformation the lnspcctor General dcems rclevanl to Grantee's
integriry or responsibilit_v. Such information may include. but shall not be limited to, Grantee's business or financial
records, documcnts. or files ofanv type or form that reler to or rclate to Agreement. The Orantee shall retain such
rccords for thc longcr ot (l) threc years after the expiration ofthc Agreement, or (2) the period rcquired by thc
Gcncral Records Schcdules maintaincd by the Florida Department of State (available at:
httn : 1/dos.mvtlorida.com/libran'archivesr'records-man agemcrlt/gcncral-rccords-schcdulcs/)
29. Audits.
a Inspcctor Gcncral Thc Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector gencral in any inrestigation, audit. inspection. revicw. or hearing. Thc Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issusd under this Agreement, il any, impose this
rcquirement, in writing, on its sub-grantees and/or subcontractors, respcctively.b- Phvsical Acccss and Inspection. Department personncl shall be given access to and may obscrve and inspcct
uork being performed undcr this Agreemcnt. with rcasonablc notice and during normal business hours, including
by any ofthe tbllowing methods:i. Crantee shall provide access to any location or f'aciliry on which Grantee is perlbrming lork, or
storing or staging equipment, matcrials or documcnts;
ii. Crantee shall pcrmit inspection of any facility, equipment, practiccs, or opcrations requircd in
performance ofany work pursuant to this Agreementi and,
iir. Grantee shall allou' and facilitatc sampling and monitoring oi any substanccs. soils. materials or
parameters at any location reasonablc or necessary to assure compliance *ith any $ork or lcgal
rcquirements pursuant to this Agrccment.c. Spccial Audit Raquirements. The Grantee shall comply with the applicablc provisions containcd in Attachmcnt
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copl'ofExhibit 1. to Attachment 5. lf Department fails to providc an updated copy of Exhibit I to includc
in each amcndment that authorizes a funding increasc or decrcase, Grantcc shall requcst onc from thc
Dcpartment s Grants Managcr. The Grantee shall consider the qpc offinancial assistance (t'cdcral and,or statc)
identifi€d in Attachment 5, Exhibit I and determine rvhether the terms ofFederal and/or Florida Single Audit Act
Rcquirements may furthcr apply to Iowcr ticr transactions that may be a rcsult of this Agreemcnt. For l'edcral
financial assistance, Gmntec shall utilize the guidance providcd under 2 CFR 9200.331 for dctcrmining whethcr
the relationship represents that ofa subrecipient or vendor. For State financial assistance, Crantee shall utilize the
fbrm entitled "Chccklist for Nonstate Organizations Rccipicnt' Subrecipient !s Vcndor Dctcrmination (lbrnr
number DI'S-A2-NS) that can be found under the "Linl<s,/Forms'' section appcaring at the l'ollouing uebsitc:
https:\\apps. fld ii.com\lsaa.d Proof of Transactions. ln addition to docunrcntation provided to support cost reimbursement as dcscribed hercin.
Department may periodically request additional proofofa transaction to evaluate the appropriateness ofcosts to
the Agreemcnt pursuant to Statc guidelines (including cost allocation guidelines) and f'edcral. if applicablc.
Allowable costs and unilirrm administrati\c requiremcnts f<rr fedcral programs can be ltrund undcr 2 CFR
200. Thc Dcpartment may also request a cost allocation plan in suppon of its multipliers (ovcrhead, indirect,
general administrative costs, and fringe benetits). The Grantee must provide the additional proof within thirty
(30) days o[ such rcqucst.
No Commineline of Funds. The accountiug systems for all (irantees must ensure that thcse funds arc nol
commingled rvith funds from othcr agencics. Funds from cach agency must bc accounted lbr scparately. Grantces
are prohibited f'rom commingling funds on either a program-by-program or a projectby-project basis. Funds
specifically budgctcd andr'or receivcd for onc project may not bc used to suppon another pro.jcct. Wherc a
Gnntee's, or subrccipient's. accounting systcm cannot comply with this requircmcnt, Grantcc, or subrecipient.
shall establish a s),stem to pro! idc adcquate lund accountability for cach pro.jcct it has been awarded.i. If Depanment tlnds that these funds hare been commingled. Dcpartment shall havc the right to
demand a refund. either in *hole or in pan. oi the t'unds provided to Grantee under this Agreement
lirr non-compliancc with the material terms ol'this Agreement. Thc Grantee. upon such writtcn
n()tification from Dopartment shall rcfund, and shall fonhwith piry to Departmcnt, the amount of
money demanded by Department. lnterest on any refund shall be calculated based on the prevailing
rate used by thc State Board of Administration. Interest shall be calculated from the date(s) thc
c
Ro 9t15t2023
Attachment l-A
ll ot'1,j
original payment(s) i.re received from Department by Grantee to the date repa)rment is made by
Grantee to Departmcnt.ii. In the evcnt that the Grantcc recovels costs, incurred undcr this Agreement and rcimbursed by
Depanment, fiom another source(s), Grantee shall rcimburse Department for all rccovcred funds
originally prol'ided under this Agreement and ilterest shall be charged for those recovered costs as
calculated on from the datc(s) the payment(s) are recolered by Grantee to the datc repayment is
made to Department.
iii. Not\r'ithstanding the requirements ofthis section, the above restrictions on commingling funds do
not apply to agreements whcre payments are made purely on a cost reimbursemcnt basis.
30. Corflict of Interest.
The Grantee covenants that it presently has no interest and shali not acquire any interest which would conflict in any
mamer or degrec with the performance ofserviccs rcquired-
31, Independert Contractor.
The Grantee is an indcpendent contractor and is not an cmployee or agent of Department.
32. Subcontracting.a. Unless otherwisc spccified in the Special Terms and Conditions. all sen'ices contracted for arc to be performed
solely by Grantee.
b. The Dcpartmcnt may, for cause. requirc the replacement of any Grantcc cmployee. subcontnctor, or agent. For
causc. includes. but is not limited to, technical or training qualifications. quality ofwork, change in security status.
or non-compliance with an applicable Departmcnt policy or other requrremenr.c. The Departmcnt may, for cause, deny acccss to Dcpartment's securc information or any facility by any Grantee
employee. suhcontractor, or agent.d. The Depanmcnt's actions under paragraphs b. or c. shall not rslieve Grantcc ofits obligation to pcrform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment ofall monres due under any
subcontract. The Department shall not be liablc to any subcontractor tbr any expenses or liabiliries incuned under
any subcontract and Crantee shall bc solcly liable to the subcontractor ior all expenses and liabilities incuned
under an] subconlracl.e. The Depanment will not deny Grantee's employees. subcontractors. or agents access to meetings q,,ithin the
Depanmcnt's lacilities. unless thc basis of Depanment's denial is sal'cty or sccuriw considerations.f. The Depanmcnl supports divenity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embracc divcrsity enthusiastically. Thc award of subcontracts should rcflect the full
diversity of thc citizens of the Statc. A list of minority-ou'ncd firms that could bc offcrcd subcontracring
opponunitics may be obtained by contacting the Office of Supplicr Divcrsity at (850) 487-0915.g. The Grantcc shall not be liable for any cxcess costs for a failurc to pedbrm. if the failurc to perform is caused by
the default ofa subcontractor at any tier. and if the cause ofthe default is completely beyond the connol ofboth
Crantee and thc subconftactor(s). and u ilhout the fauit or ncgligcncc ofeither, unless thc subcontracted products
or seniccs ucrc obtainable from other sources in sufficicnt timc firr Grantee to mcct thc required delivery
schedule.
33, Cuarantcc of Parent Comp.n).
IfGrantee is a subsidiary ofanother corporation or other business entity, Grantee asserts that its parqnt company will
guarantee allofthc obligations ofCrantee for purposcs offulfilling the obligations ofAgreement. In thc cvcnt Crantee
is sold during the pcriod thc Agreement is in effcct. Grantee agrees that it will bc a requirement of salc that the ner,\,
parent company guarantee all ofthe obligations ofGrantee.
34. Sun'ival.
The respectivc obligations of the parties. *hich by thea nature would continue beyond the terminati()n or cxpiration
of this Agreement. including without limitation. the obligations regarding confidentiality. proprietary interests. and
public records. shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assumc any liability for the acts. lbilures to act or negligencc of Grantee, irs
agents, senants. and employees. nor shall Gmntee disclaim its own negligence to Department or any third party. This
Agreement docs not and is not intended to cont'er any rights or remcdics upon any person othcr than the parties. If
Dcpartment conscnts to a subcontact. Grantce will specihcally disclosg that this Agreement does not crcatc any third-
parq" rights. Furthcr. no third parties shall rely upon any ofthe rights and obligations created under this Agrecment.
36. Severabilitj".
If a coun of compctcnt jurisdiction dcems anl term or condition herein roid or unenforceable. the othcr prolisions
are scverable to that void provision, and shall rcmain in full lbrce and cffcct.
Attachment l-A
l2 of l3
Rev.9/15/2023
R*.el5l0ll
Attachment l--{
13 of 13
37. Grantec's Employees, SubcoDtraciors and Agents.
All Grantcc cmployees. subcontractors. or agents performing rvork undcr the Agreemcnt shall be propcrly trained
technicians who meet or cxceed any specified training qualifications. Upon requcst. Grantee shall fumish a copy Lrf
technical certification or othcr proofofqualification. A1l employccs. subcontractors, or agcnts performing urrk under
Agreement must comply with all security and administative requirements ofDepanment and shall comply with all
controlling laws and rcgulations relevant to the serviccs they are providing under the Agrccmcnt.
38. Assignment.
The Grantee shall not sell. assign. or transfcr any of its rights. duties. or obligations under the Agrcement. or undcr
any purchase order issued pursuant to the Agreement. ilithout the prior [ritten conscnt of DepanmeDt. In thc cvcnt
ofany assignment. Grantee rcmains secondarily liablc lor performance ofthc Agreement. unlcss Departrnent cxpressly
$ aives such secondary liability. The Departmcnt may assign the Agrccmcnt with prior winen notice to Grantcc of its
intent to do so.
39. Compensation Report.
lfthis Agrcement is a solc-source. public-private agreement or ifthe Grantee, through this agrcement with thc State,
annually rcceive 5096 or morc oftheir budget liom thc State or from a combination of Statc and Federal funds. the
Grantee shall provide a. annual report. including the most recent IRS Form 990. detailing the total compensation for
the entitics' executii'e Ieadcrship teams. Total compcnsation shall include salary. bonuses. cashed-in leavc. cash
equilalents. severance pay. rctirement benefits. dcfcrred compensation, real-property gifts. and any other payout.
The Grantee must also inform thc Department ofany changes in total exccutive compensation bet!!'een thc annual
reports. All compensation reports must indicate what percent ofcompensatiol comes directly from the State or
Federal allocations to the Grantee.
40. Execution ir Counterparts and Authoritl to Sign.
This Agreement. any amendments. and,or change orders related to the Agreement. may be executed in counterpans.
each of rvhich shall be an original and all of uhich shall constituac the same instrument. [n accordance with the
Elcctronic Signature Act ol'1996. electronic signatures. including facsimile transmissions. may bc used and shall hare
the samc force and effect as a written signaturc. Each person signing this Agreement warrants that he or shc is duly
aulhorized to do so and to bind the respective party to the Agreement.
STATE OF FLORIDA
DEP,\RTMENT OF ENVIRONNIENTAL PROTECTION
Revised Special Terms and Conditions
AGREE}IE\T NO. 22FRPI7
ATT.{CH}IE\T 2-,{
These Special Tcrms and Conditions shall be read togethcr with general terms outlincd in the Standard Tcrms and
Conditions, Attachment l. Where in conflict, these more specilic tcrms shall apply.
l. Scope of Work.
The Prolect fundcd under this A$eemcnt is Dania Beach SW 37th Terrace Stormrvater Improvement. The Project is
dehned in more detail in Attachment 3. Grant Work Plan.
Duration.
Reimburscment Period. Thc reimbursement period for this Agrccmcnt is the samc as the term ofthe Agrccmcnt
Extensions. Thcre are extensions available for this ProJcct
Sen ice Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon
propcr and satisfactory technical and administmtive perfbrmancc by the Grantcc and the availability of funding
4, Cost Eligible for Reimbursement or Matching Requirements.
Reimburscmcnt lor costs or availability lor costs to meet matching requirements shall be limited to thc lbllowing
budgct catcqorics. as dcfined in the Rcicrcncc Guide for Statc Expcnditures, as indicatcd:
Rcinrbursement
2.
a.
b.
c.
Catceory
Salaries/Wages
Overhead/Indirect/General and Administative Costsa. Finge Benefits, N/A.
b. Indirect Costs. N/A.
Contractual (Subcontractors)
Travel. in accordance with Section 112. F.S.
Equipment
Rental/Lease of Equipment
Miscellaneous/Other Expenses
Land Acquisition
5. trquipmcnt Purchase.
\lo Equipmcnl purchases shall bc futrdcd under this Aqrccmcn(
6. Lard Acquisition.
There will bc no Land Acquisitions ilndcd under this Agrccmcnt
7. Match Requirements
Thc Agrccmcnt requires at least a 50o, match on thc part of thc Grantee. Thcrcforc. the Crantee is responsiblc t'or
providing $375.000 through cash or third parry" in-kind touards thc project funded under this Agreement. The
Grantec may claim allou able prqect cxpcndirures made on July I . 202 I or after lor purposcs of meeting its match
rcquircment as idcntilicd above.
Match
!!
tr
tr
x
tr
tr
tr
tr
tr
Rev 8,8 2021
Attachment 2-A
I ofl
3. Payment Provisions.
a. ComDensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agrecmcnt as described in Attachment 3.
b. Invoicine. Invoicing wi[[ occur as indicated in Attachment 3.c. Advance Pav. Advance Pay is not authorized under this Agreement.
!
D
x
tr
tr
!
tr
tr
9. QualityAssuranceRequirements.
There arc no spccial Qualiry' Assurance requirements under this Agrccment.
10. RetaiDagc.
No retainage is required under this Agreement
11. Subcontracting.
The Grantee may subcontract work undcr this Agreement wilhout the prior written conscnt ofthe Departmcnl's
Grant Managcr cxccpt for certain tixed-pricc subcontracts pursuant to this Agreement. which require prior approval
The Grantcc shall submit a copy of thc cxecuted subcontract to the Departmenl prior lo submitting anv invoiccs lbr
subcontractcd u'ork. Regardlcss ofany subcontract, the Grantcc is ultimately responsiblc for all *'ork to be
pcrformcd undcr this Agleemcnt.
13. Officc of Polic,v and Budgct Rcporting.
There are no special Oflice of Polic) and Budget reporting requirements for this Agreenrent
lJ. Comnron ( xrrier.
Rc!. 8 lJ l0l l
Attachment 2-A
2 of3
Each paymcnt rcquest submifted shall document all matching funds and/or match etTorts (i.e., in-kind serviccs)
provided during thc period covercd by each request. The final payment \a'ill not be proccsscd until the match
requiremenr has bccn met. If, upon completion ofthis Project. actual Project costs arc less than the total estimatcd
Project costs. and thcrc are no pending payment requests. the Grantec's required match may bc rcduced
proportionatcl) . as long as at lcast a 509/0 match ofrhe acrual total cost of the Project is pro\ ided by the Crantce and
the rcduccd amount satisfies statutory and program requircmcnts.
8. InsuranceRequirements
Required Cloveraqe. Atall times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage ofsuch types and with such terms and limits described below. The limits ofcoverage under each policy
maintained by the Crantee shall not be interpreted as limiting the Grantee's liabiliry- and obligations under the
Agrcement. All insuralce policies shall be through insurers licenscd and authorizcd to issue policies in Florida, or
altematively. Grantcc may provide corcrage through a self-insurancc program established and opcrating undcr thc
laws of Florida. Additional insurancr' rcquirements for this Agrccment may be requircd clse\rhcre in this
Agreement, hou'cvcr the lqilliglg insurance requirements applicable to this Agrcemcnt arc:
a. Commercial General Liabilitv Insurance.
Thc Grantcc shall provide adcquate commercial gencral liability insurance covcrage and hold such liability
insurance at all times during thc Agreement. The Departmcnt, its employees, and office$ shall be namcd
as an additional insured on any general liability policics. The minimum limits shall bc 5250,000 tbr cach
occurrcnce and 5500.000 policy aggrcgate.
b. CommercialAutomobilelnsurancc.
Ifthc Grantee's duties includc the use ofa commcrcial vehicle. the Grantcc shall maintain automobilc
Iiability. bodily injury, and property damaSe co!erage. Insuring clauses for both bodily injury and propery'
damagc shall provide co,r'cragc on an occurrence basis. Thc Department, its cmployees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200.000i300.000 Automobile Liability for Company-Ou,ned Vehicles. ifapplicable
$200.000/300.000 Hrrcd and Non-ouncd Automobile Liabiliry Covera-ee
c. Workcrs' Compensation and Employer's Liability Coveraee.
Thc Grantee shall pror idc workcrs' compensation, in accordance u ith Chaptcr.1.10. F.S. and employcr
liability coverage with minimum limits of S 100,000 pcr accident, $100.000 per pcrson, and $500.000
policy aggregate. Such policies shall cover all employccs engaged in any work under the Grant.
d. Other lnsurance. None.
12. State-owned Lald.
The work will not be perfbrmcd on Starc-orvned land.
a.Applicable to contracts with a common carrier firm/pcrsor-corporation that as a rcgular business
transports pgoplc or commodities from placc to place. If applicable, Contractor must also fill out and
rctum PUR I llOli betbrc contract execution. If Contractor is a common carricr pursuant to section
908.111(l)(a). Florida Statutes, the Department $'ill terminate this contact immedialely ifCortactor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicablc to solicitations lor a common carrier Bctbre contract execution, thc \r,'inning Contractor(s)
must fill out and rctum PUR 1808. and attcst that i is not willfully providing any scrvice in furtherance of
transporting a pcrson into this state kno\a'ing that the person unlawfully present in thc United States
according to the tcrms ofthe federal Immigration and Nationality Act. 8 U.S.C. ss. i l0l et seq. Thc
Department will terminate a contract immediatcly ifContractor is found to bc in violation ofthe law or the
attestation in PUR l ll0li.
Il.\ I 120::l
Attachmert 2-A
3 of3
STATI OF FLORIDA
DEPARTMENT OF ENVIRONN'IENTAL PROTECTION
REVISED GRANT WORK PLAN
ACREENIENT NO. 22FRPI7
ATTACHNIENT 3-A
PROJECT TITLE: Dania Beach S\\' 37'h Terrace Stormwater Improvement
PROJECT LOCATION: The Project is located in the City of Dania Beach within Broward County.
Florida.
PROJECT DESCRIPTION:
The City of Dania Beach (Grantee) rvill implement the Dania Beach SW 37'h Terrace Stormwater
Improvement (Projcct) which includes thc installation of nelv catch basins inlets. drainagc piping and
regraded srvales. A stormwater pipe network consisting of l5-inch and lll-inch Reinforced Concrete Pipe
(RCP) will be installed along the low-lying areas of SW 37th Terrace. This stormuater pipe systcm will
connect to an cxisting stormwater systcm maintaincd by Florida Dcpartment of Transportation on Stirling
Road. This intcrconnection will allow thc runoffon SW 37th Tenacc to discharge into a lakc located west
of the project site. Water quality treatment will be provided to the project area with the installation of
perforated RCP pipes surrounded by exfiltration trenches as well as the regrading of a grassy area on the
north end of thc sitc to be a large swalc. Overall, the proposed storrn!\'ater improvcmcnts u ill allcviatc
flooding on SW 3 7th Terrace and provide additional water qualiR' treatment and storage prior to discharging
stormwater offsite.
TASKS AND I)EI-I\ ER{BLES:
Task I - Construction
Description: Thc Grantee will construct stormwatff improvemcnts on SW 37'h Terracc rvhich include a
nerv pipe network, exfiltration trenches. and regrading of suales in accordance u'ith the construction
contract documents. Project costs associated with the Construction task include work approved through
construction bids andor construction-phasc cngineering and monitoring services contracts. Eligible
activities may include mobilization, demobilization. construction obsenation or inspection services,
physical and environmental surveys, and mitigation projects. Construction shall be conducted in accordance
with all local. state. rnd fcderal permits.
Deliverables: The Grantee u'ill submit:. l.l: List 01'pcrmit rype. number, and issuing entity for all local. state. and federal pcrmits required
tbr the Project:o 1.2: A copy ofthe hnal design and record (as-built) drawings;
o 1.3: A Certiticate of Completion signed by a Florida-registered Professional Engineer: and
o 1.4: Coordinatc final site visit with Dcpartment and submit the Closeout Site Visit Form received
tiom assigned Field Agent.
PERFORMANCE MEASLTRES: The Grantee will submit all deliverablcs for cach task to thc
Department's Grant Manager on or bclbre the Task Due Datc listed in the Projcct Timeline. The
Department's Grant Manager will review the deliverable(s) to verif)'that they meet the specilications in
thc Grant Work Plan and the task description. to include any work bcing pcrformed by any subcontractor(s).
and will providc u'ritten acceptancc or dcnial ofthc deliverable(s) to the Grantee within thirty (30) calcndar
DEP Agreement No.: 22FRPl7
Page I of2
Rer. L 1 7.2,1
days. Tasks may include multiple delil'erables to be completed. The Department will accept panial and full
deliverables. Incomplete deliverables will not be accepted. A "partial deliverable" is defined as a
deliverable consisting of one (l) or more (but not all) subcomponents Iisted in the deliverable list for rr
single task, where such subcomponent(s) are delivered to the Departmcnt at one hundred percent ( 100%)
completion. A "full deliverable" is detined as a deliverable comprising all subcomponents listed in the
deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion.
An "incomplete dclivcrablc" is defined as a deliverable for rvhich onc hundred percent (1009i,) complction
has not been achieved for any ofthe subcomponents listed in the deliverable list for a single task. A task is
considered one hundred percent (100%) complete upon the Department's receipt and approval of all
deliverable(s) listed within the task ard the Department's approval provided by the Deliverable Acceptance
Letter.
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the
Department at one hundred percent (100%) completion and by the specified due date listed in the
Agreement's most recent Projcct Timeline, the Department will rcducc thc relevant Task Funding
Amount(s) paid to Grantee in proportion to the percentage ofthe deliverable(s) not fully completed and/or
submitted to the Department in a timcly manner.
PAYMENT REQUEST SCHEDULE: Following thc Grantee's full or partial completion of a task's
dehverable(s) and acceptance by the Department's Grant Manager. the Grantee may submit a payment
rcqucst lor cost reimbursement using the Exhibit C, Paymcnt Rcquest Summary Form. A11 paymcnt
requests must be accompanied by the Delivcrablc Acccptance Letter; the Exhibit A, Progress Rcpon Form,
detailing all progress made in the invoice period: and supporting fiscal documentation including match, if
applicablc. Intcrim payments will not be accepted. Payment requcsts will not be accepted until all required
Exhibit A, Progress Report Forms, have been submitted to thc Dcpartmcnt's Grant Manager for all reporting
periods dating back to the Agreement Bcgin Date. Upon the Department's receipt of thc albrcmcntioned
documents and supporting fiscal documentation, the Department's Grant Manager will have ten (10)
working days to revieu,and approve or deny thc paymcnt rcquest.
PROJECT TINTELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding
must not exceed thc budget amounts indicated below. Requests tbr any change(s) must be submittcd prior
to thc currcnt task due date listed in the Project Timelinc. Requests are to be sent via email to thc
Department's Grant Manager, with the details ofthe request and the reason for the request made clear.
DEP Agreement No.: 22FRPI7
Page 2 of 2
Task
No.Task Title Budget
Category
DEP
,,\mount
Match
Amount
Total
Amount
Task Start
Date
I Construction Contractual
Services $375,000 s375.000 s750,000 Upon
Execution 06i30t2026
Total:s375.000 $375,000 s750,000
Re\'. 1.17.24
Task I)ue
Date
STATE OF FLORIDA
DEPARTNIENT OF E:,MRONIIE:\,ITAL PROTECTION
Revised Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-A
Thc administration ofresources awarded by the Department of Environmental Protcction (which may be refbted to
ds lhe "Department", "DEP", "FDEP" or "Gntnlor". or other name irt the agreemenl) lct the recipient (which may be
rtJerred to as the "Recipient", "Grdntee" or other name in the agreemen, may bc subjcct to audits and/or monitoring
by thc Dcpartunent of Environmental Protcction. as described in this attachment.
\,1O\ITORI\G
In addition to revieu,s ofaudits conducted in accordance *ith 2 CFR Part 200. Subpart F-Audit Requiremens, and
Section 215.97. F.S.. as rerised (scc "AUDITS" bclow). monitoring proccdurcs may include. but not be limited to.
on-site visils by DEP Department statl limited scope audits as defined by 2 CFR 200..125. or other procedures. By
cntcring into this Agreement. the recipient agrccs to comply and cooperate with any monitoring proccdurcs/processes
deemed appropriate by the Department of Environmental Protection. [n the event the Depanment of Environmental
Protcction determines that a limited scopc audit ofthe recipient is appropriatc, thc rccipient agrees to comply with any
additional instructions provided by the Department to the rccipient regarding such audit. The recipient further agrees
b comply and cooperate with any inspcctions, reviews, investigations. or audits dccmcd ncccssarv by the Chief
Financial Officer (CFO) or Auditor Gcneral.
AT]DfTS
PART I: FEDER{LL\- FU.\.-DEt)
This part is applicable ifthe recipient is a State or local govemment or a non-profit organization as defined in 2 CFR
ri200.330
A rccipicnt that expends S750.000 or more in Federal au,ards in its fiscal yc.u. musl hale a single orprogram-
spccific audir conducted in accordance with the provisions of2 CFR Part 200. Subpart F. EXHIBIT 1 to this
Attachmcnt indicatcs Fcdcral funds awarded through the Department of Environmcnlal Protcction by this
Agreement. In detcrmining thc fcdcral awards expended in its fiscal ycar. the recipient shall consider all
sources of federal awards. including l'cdcral resources rcceivcd from thc Deparlment of Environmental
Protection. The detemination of amounts of federal awards expended should be in accordance u'ith the
guidelines established in 2 CFR 200.502-503. An audit ofthe recipient conducted by the Auditor Ceneral in
accordance with the provisions of2 CFR Part 200.514 will meet the requirements ofthis pan.
For the audit requirements addressed in Part t, pamgraph I . the recipient shall fulli ll the requirements relatir e
to auditee responsibilities as provided in 2 CFR 200.508-512.
A recipient that expcnds lcss than 5750.000 in federal a$ ards in its liscal lcar is not rcqurred to have an audit
conducted in accordance with thc provisions of 2 CFR Pan 200. Subpart F-Audit Rcquiremcnts. If thc
recipient expends less than 5750.000 in t'ederal awards in its fiscal year and clccts to have an audit conductcd
in accordancc with the provisions of 2 CFR 200. Subpan F-Audit Requircmcnts. the cost of the audit must
bc paid lrom non-federal rcsourccs (i.c.. the cost of such an audit musl bc paid liom rccipicnt rcsourccs
obtained from other federal entities.
The recipienrmal access inlbrmation regarding the Catalog ofFederal Domestic Assistance (CFDA) via the
intemet at httDs:/,/sam.qov,rcontcntassistance-listinss.
l
.1
t](is,t)liP 55-:15
Attachment 5-A
I of6
rc\r..J ll I lr)ll
l.
P.{Rl II: STA1 ll li Lr\ t)Et)
This part is applicablc if thc rccipient is a nonstate entity as dcfincd by Scction 215.97(2). Florida Statutes.
In the event that the recipient expends a total amount of state financial assrstance equal to or in excess of
5750.000 in any tiscal ycar of such recipient (fbr fiscal years ending Junc 30. f017, and thereafter). thc
recipicnt must havc a State singlc or projcct-spccilic audit lor such tiscal ycar in accordance with Section
215.97. F.S.: Rule Chapter 69t-5. F.A.C.. Statc Financial Assistance: and Chaptcrs 10.550 (local
govemmental cntitics) or 10.650 (nonprofit and lbr-profit organizations). Rulcs ol the Auditor Gcncral.
EXHI BIT I to this form lists the state financial assistance au ardcd tbrough thc Department of Environmental
Protcction b) this agreement. In dctcrmining thc state financial assistancc cxpcndcd in its fiscal year. the
recipient shall considcr all sources of state financial assistance. including statc financial assistance received
from the Departmcnt of Environmental Protection, othcr statc agencies. and other nonslate entities. Stalc
financial assistanac docs not include federal dircct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
ln comection rvith the audit requirements addressed in Pan I I, paragraph I ; the recipient shall ensure that the
audit complics *,ith the requirements of Scction 2 15.97(8). Florida Statutes. This includcs submission of a
financial reponing package as defined by Section 215.97(2). Florida Statutes. and Chapters 10.550 (local
solemmental cntitics) or 10.650 (nonprofit and for-profit organizations). Rulcs ofthc Auditor General.
Ifthe recipient cxpcnds less than $750,000 in statc Iinancial assistance in its llscal ycar (tbr llscal )ear ending
lune 30. 1017, and thereaftcr), an audit conductcd in accordance with thc pro\isions of Section 215.97,
Florida Statutes. is not required. ln the event thal the recipient expends less than 5750,000 in state financial
assistancc in its llscal year. and elects to havc an audit conducted in accordancc with the provisions ofSection
215.97, Florida Statutes. the cost ofthe audit must be paid from the non-state entit.v's resources (i.e., the cost
of such an audit must be paid from thc rccipicnt's rcsources obtained from othcr than State entities).
-l For information rcgarding the Florida Catalog ofState Financial Assistance (CSFA), a recipient should acccss
the Florida Singlc Audit Act \i'ebsite located at https://apps.fldfs.cordfsaa for assistancc. [n addition to the
above wcbsitcs, the follouing websites may be accessed for infomation: Lcgislaturc's Websitc at
http:,/,'u-$\r'.lcg.statc.fl.us/Welcome/index.cfin. Sratc of Florida's website at http:/,'wru.myflorida.coml
Department of Financial Services' Website at hto://*'wr'.fldfs.com./and the Auditor General's Websitc at
hftD://.r'\rw.mvfl orida.com./audqer/.
PAR'I lll: OTHER AUDII REQUIREMENTS
INOTE: This part would he used to specify any additional audit requirements imposed b! lhe State dwarding entit,-
that are solely- a matter ol-lhdt Stdte awarding ertlit))'s poliLli (i.e., the audit is not required by Federal or State lav,s
andisnoti conflict u,ith other f'ederal or State audit requtrerne ts). Pursuant to Section 215.97t8). L-lorida Stdtutes.
Stale dgencies mar conducl or arrangefor audits ofState linanciol assisttTnce that are ih addition lo audils conducled
in acconlance with Sedion 215.97, Florida Statutes. ln such an etent, the State atording agenc!- uust arrange for
.funding the full cost ol such tldditiondl audits.)
PART I\': REPOR'I StiBlllSSlO\
Copies of rcporting packages for audits conductcd in accordance with 2 Cl'R Part 200. Subpart F-Audit
Requirements. and required by PART I ofthis tbrm shall be submitted, when required by 2 CFR 200.512, by
or on bchalfofthc recipient directlv to thc Fcdcral Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in I CFR S:00.501(a) (the number ofcopies required by
2 CFR .s200.501(a) should be submincd to thc Federal Audit Clearinghousc). at the tbllowing addrcss
ll(iS-l)1,P )r-215
Attachment 5-A
2 ol6
rcvised I l/8r2022
I
l
By Mai)
Fcderal Audit Clearinghousc
Bureau ofthe Census
l20l East loth Steet
Jcffersonville. LN 47132
Submissions ofthc Single Audit reponing packagc for fiscal periods cnding on or after lanuary :.
2008. must be'submitted using the Fcdcral Clearinghouse's lntcmqt Data Entry System uhich can
bc fbund at http:/rharvester.ccnsus.go\',1facweb,
Copies offinancial rcporting packages required by PART ll ofthis Attachmcnt shall bc submitted by or on
behalfofthe rccipicnt dilgE{y to each ofthc lbllowing:
A. Thc Dcpartmcnt ofEnvironmental Protcction at onc ofthe following addrcsses
By Mail:
Audit Director
l'lorida Department of Environmental Protcction
Office of Inspector General, MS 40
3900 Cornmonwcalth Boulevard
Tallahassee. Florida 32399-3000
Electronically:
FDEPSingleAudit6rden.statc. tl.us
B. Thc Audikrr Ceneral's Officc at thc tblkrwing addrcss
Auditor General
Local CovemmentAudits/342
Claude Pepper Building, Room.l0l
! I I West Madison Street
Tallahassce, Florida 32399- l-150
Thc Auditor General's N,cbsitc (hftp:,i'flaudiror.gov, provides instructions tbr hling an
clcctronic copy ofa financial rcponing package
Copies ofrepons or management letters required by PART tll ofthis Attachmcnt shall be submined by or
on behalf of the recipient d ectlv to the Department of E.vironmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Deparnnent of Environmcntal Protection
Officc oflnspector General, MS 40
3900 Commonwealth Boulcvard
Tallahassee. Florida 32399-3000
Elcctronically:
FDEPSineleAudit(a.deD. state. fl . us
l
l
I](;S DEP 55.] I5
Attachmcnt 5-A
Iot6
revised I lr81l02l
An) repons, management letters, or other intbrmation required to be submitted to the Department of
Environmcntal Protcction puGuant to this Agrccment shall be submiftcd timcly in accordance rvith 2 CFR
200.511. section 215.97. F.S.. and Chaplers 10.550 (local govemmental entities) or 10.650 (nonprofit and
for-profit organizations). Rules ofthe Auditor Gcneral. as applicable.
Rccipicnts. when submitting financial reporting packages to the Departmcnt of Environmeltal Protcction for
audits donc in accordancc with 2 CFR 200. Subpan F-Audit Requiremcnts, or Chapters 10.550 (local
govemmcntal entities) and 10.650 (non and for-profit organizations), Rules of thc Auditor General. should
indicate the date and the reponinS package rvas delivered to the recipient correspondence accompanf ing the
reporting package.
PART \': RE( ORD RETE\TION
The recipient shall rctain sufficient rccords demonstrating its compliance with thc tarms of the award and this
Agreemcnt fbr a period of five (5) years l'rom thc date the audit report is issued. and shall allow thc Departmcnt ol
Environmental Protection, or its dcsignce, Chief Financial Ofticer, or Auditor Gcncral access to such records upon
rcquest. Thc recipicnt shall ensure that audit working papers arc made available to thc Department of Environmental
Protection. or its dcsignee, Chief Financial Officer, or Auditor General upon request for a period of three (3) ycars
from the date the audit report is issued, unless extended in \r'riting by the Departrnent of Environmental Protection.
BGS-t)LP 55-t r5
Attachment 5-A.lof6
reviscd 11,8,:oll
5.
D\l tI1 - l
I:UNl)S AWAI{DED TO Tlllt I{h( IPIENT PUI{:iUAN-l To THIS A(iltllllMllNT CC)NSIST OIr Tllll ITOLLOWINC
eraI rc-totrr< tt uwarded
lhe samc manner as shown hcktw.
l odcnll
l'r'oglanr Iirsl ('otnpliancc rcquircmcnli i.ri.:($hirt scrviccs oflurposcs rcsourccr musl be usod li)r)
Second ( txtpliance requirenrcnt: r.c.:(clitsibil,ly rcquirerDcnl li)r rcciIicnls ol lhe rcsourccs)
Erc
!'edcral
Progranr
B
Firsl ('()nrplllrrrc rcqLlrrcrlrcnl (whirl scrvices ol'purnoscs rcsorrrecs musl be uscd li)r)
Sccond ( ontpliattcc rcquircmcnt: i.c.: (cligibility rcquircn)cnl lb rccipicnts oftho rcsourccs)
Lllc
Elr
i(rd(.r'rl l{csoulrcs,\rrnr'(led lo thr ltecipirnt I)ursunllt to this,\qrrenrr l ('ollsist ofthc li,llorvin,I:
l,cdrrrl
l'roglant
l-cdcral Agcncv
('lr I)A
Nurnbcr Cl DA lillc lunding Amount
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Aplrr'oprintiorl
( nlcgorv
( )rigirral
AgrccrneDl
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Treasury 2t .0)'7 sLt'RP0 [5 s375.000.00 t5l-D22
Iiunding Amounl
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ST,\TE OF I'LORIDA
DEP,\RTNIE\T OF E\\'IRo\ !IENTAL PROTEC'I'ION
REVISED PROGRANI-SPI]CI FIC REQUIRENIE\TS
RESILIE\T FLORIDA PROGR{}I
,\TT.\('H\IE\T 6-,\
l. Sea Lcvcl lmpact Proiection StudY Requircmcnt. Ifa state-fundcd conslruction proicct is located wlthin an
area $hcrc a Sca Level Impact Protection (SLIP) srudy is requircd pursuant to thc rclelant Florida Statutc (s.
1,61.551, Florila Srr/ares (F.S.), before July l. 20?4: s. 380.0937, F.S., bcginning July 1. 2024, and
thereaf-ter). the Grantee is responsible for conducting such a SLIP study and submitting the resulting report to
the Department. The SLIP study report must be received by the Depanment. approved by the Depanment.
and published on the D€partment's uebsite for at least thirty (30) days before construction can commence.
Upon submission to the Depa{ment. SLIP study reports must meet all relevant statutory requirements, as
welf a-s the then-currcnt standards and criteria indicatcd in Chapter 62S-7, Florida .ldministrative Code.
Permits. The Grantee acknoEledges lhat receipr of this grant does not imply nor guarantee that a federal.
state, or local pcrmit will be issued for a panicular activity. The Grantee agrces to cnsure that all necessary
permits arc obtaincd prior to implementation of any grant-fundcd acti\iq that ma;- fall undcr applicable
federal, state, or local [aws. Further, the Crantec shall abide by all terms and conditions of each applicablc
permit for any grantfundcd activity. Upon requcst, the Gnntee must providc a copy of all acquircd and
approved pcrmits for the project.
3. Attachmcnt 3. Grant Work Plan. Pcrformancc Mcasurcs. All deliverables and rcpons submitted to thc
Departmenl should be submitted electronically and must bc compliant with thc Amcricans uith Disabilities
Act. also knoNn as "508 Compliant." in all formats pror ided.
Copt-right. Patcnt and Trademark. The Dcpanmcnt rcscn'cs a ro]'alq-free. noncxclusire. and irrelocablc
Iiccnse to reproducc. publish or otheru'ise use. and to authorize others to use, lbr statc govemment purposes:
a. Thc copyright in any work dcvcloped under this Agrccment; and
b. Any rights or copyright to which rhe Grantee or subcontractor purchases ownership u'ith grant support
Grant funds may not be used to support ongoing efforts to comply \r'ith certain legal requirements or actions
that $ere unanticipated, non-existent. or unknown to the Department at the time of this Agreement's
cxccution, including regulatory and permit compliance requirements. non-compliance and citation fccs, fees
resulting from unanricipated permit conditions. settlement agreements. and compliance with lormal or
iaformal cnforccmcnt actions to resolve violations ofapplicable mles and statutcs (including conscnt orders.
Closed Without Ofticial Enforcement agrcemcnts. and similar enforcement actions). Grant funds may be
utilizcd to suppon ongoing efforts to compl! with pcrmit-required conditions, as approved by the Rcsilient
Florida Program (c.g.. prc-. during-, and post-construction monitoring and mitigation elforts).
6. Funding Sourcc. With the exception of audiovisuals not intendcd for presentati()n to thc gcncral public that
are produccd cithcr as research insauments or for documenting expcrimentation or findings (unlcss otherwise
requircd undcr thc special tcrms ofthis Agreement), Grantee agrces to includc thc Department's logo ($,hich
can be found on thc Dcpanment's $ebsite at: fupq1ll914!94!9p.gqy or by contacting thc Grant Manager for
a copy) on all publications. pnnted repons, maps. audiovisuals (including r ideos. slides. and *'ebsites). and
similar materials. as well as the follou'ing language:
"This work was funded in part through a grant agreement from the Florida Department of Environmental
Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements,
Rev. 2.1.24
Attachment 6A
Page I of2
.1
)
Final Proiect Renort. The Grantee must submit Exhibit F. Final Project Repon Form. prior to requesting hnal
payment. The Final Project Repon may be submitted in lieu oi the final quarterly status report. only in
instances u'here the next quanerly repon falls after the project's completion date.
8. Proiect Photos. The Grantee must submit Exhibit C, Photo Rclcasc Form, with the first submission of
delivcrablcs and repons (Exhibit A and F) that include photos.
9. Contractual Scrl iccs. For all grant agrcemcnts that includs Contractual Services as an cxpcnditure category,
the Grantce must submit Exhibit H. Contractual Sen'iccs Ccnification. and all requircd supporting
documentation lbr all contractors conducting vvork under the grant agreement. prior to requesting payment
lhat rncludcs contracrual sen ices
10. Vulncrabilitv Assessments. For all Planning grant agreemcnts (Rcsilient Florida Grant Program and Regional
Resiliencc Entities), thc Grantee must submit Exhibit I, Vulncrability Assessmcnt Clompliance Checklist
Certitlcation. \.\'ith the final grant dclivcrable(s).
11. Geographic lntbrmation S\stem (GIS) tiles and associated metadam. All CIS hles and associated metadata
must adhere to the Resilient Florida Program's GIS Data Standards ( found on the Resilient Florida Program
website: https:r'flo dadep.eov/rcp/resili
standards). and rau data sources shall be defined within the associated metadata.
12. State and Local Fiscal Recovcry Funds. For all grant agreements f'undcd with the Coronavirus State and Local
Fiscal Rccor cry Funds (SLFRF) under the American Rescuc Plan Act, the Grantee must submit the SLFRF
Reporting Rcquircments Form upon cxccution ofthe grant agrccmcnt.
findings, conclusions, and recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of the State of Florida or any of its subagencies."
The next printcd line must identify thc month and year ofthc publication
Attachmcnt 6A
P^ge 2 of 2
Rc\. l.l l-l
ATTACHMENT 8-A
Revised Contract Provisions for Coronavirus State and Local Fiscal Recovery Funds
(SLFRF) Agreements
The Department. as a Non-Federal Entity as defined by 2 CFR 1100.69. shall compl! with the tbllowing
provisions. rvhcrc applicable. For purposes of this Grant Agreement bctrvecn the Departmcnt and thc Cirantee.
the term "Recipicnt" shall mcan ''Grantee."
Furthcr. thc Dcpanmcnt. as a pass-through entity. also requiles the Grantec to pass on thcsc requiremcnts to all
lou'er tier subrecipients/conlractors. and to comply with the provisions of thc award, the SLF'Rl' implcmcnting
regulation, including applicable provisions ofthc OMB Uniform Guidancc (2 CFR Part 200), and all associated
terms and conditions. Therefore, Grantees must include these requiremeots in all related subcontracts and/or sub-
au ards- Grantccs can include these rcquircmcnts by incorporating this Attachment in the related subcontract
andor sub-a.*ards. houever for all such subcontracts and sub-arr'ards. thc Grantee shall assumc thc rolc of thc
Non-Federal Entit] and tbe subrecipients shall assume the role ofthe Reciprent.
2 CFR P.\RT 2OO APPE\DIX 2 REOt I Rl. \t t. \TS
L Administrativc. Contractual. and Lcgal Rcmedies
The following provision is required ifthe Agrccment is for morc than $ 150,000. In addition to any ofthc rcmedies
described elsewhere in the A$eement, if the Recipient materially f'ails to comply rvith the terms and conditions
ofthis Contract. including any Federal or Statc statutes. rules, or rcgulations, applicable to this Clontract, the Non-
Federal Entity may take one or morc ofthc following actions.A. Tcmporarily n ithhold payments pcnding corrcction of the dcficicncy by the Recipient.
B. Disallow (that is, deny both use offunds and any applicable matching credit for) all or part ofthe
cosl ofthe activitv or action not in compliance.
C. Wholly or panly suspend or tcrminate this Contract.
D. Takc other remedies that may bc lcgally available.
The remedies identilled above, do notpreclude the Recipient fiom being subject to debarment and suspension under
Presidential Exccutivc Orders 125.19 and 12689. The Non-Fcderal entity shall have the right to demand a rcfund,
eithcr in wholc or part, ofthe funds provided to thc Rccipicnt fcrr noncompliance with the terms ofthis Agreement.2. Tcrmrnltirrn fur ( ausc and Convcnicncc
Termination for Causc and Conveniencc arc addressed elscwhere in the Agrccmcnt.
3. Eoual OpportunitY Clause
The lollorving provisi<x applies ifthe agreemcnt mcets the deirnition of"ltderally assisted consfuction contract"
as defined by,ll CFR Part 60-1.3:
During the performance ofthis Agreement. the Recipient a$ees as tbllows:
A. The Recipient will not discriminate against any employee or applicant for employment because of
racc. cokrr, religion, sex, sexual oricntation, gender identity, or national origin. Thc Recipient will
takc affirmative action to cnsurc that applicants arc cmploycd. and that employces arc trcated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include. but not be limited to thc following:i. Employment. upgrading. demotion, or transfer; rccruitment or recruitment advcrtising;
layoffor terminationi ratcs ofpay or other forms oicompensation: and sclection for training.
including apprenticcship. Tte Recipient agrecs to post in conspicuous placcs, arailable to
employees and applicants for emplolment. notices to be provided setting fonh the provisions
oI this nondiscrimination clause.
B. Thc Recipient will, in all solicitations or advertisements lirr cmployees placed by or on bchall'ofthe
Rccipicnt, state thar all qualified applicants will receive considcration for employmcnt without regard
to race, color. religion, sex. sexual orientation, gender identity, or national origin-
C. Thc Rccipient will not discharge or in any other manncr discriminate against any
employcc or applicant for employmcnt because such cmployce or applicant has inquircd about,
discusscd. or disclosed thc compensation of the employec or applicant or another cmployee or
applicant. This provision shall not apply to instances in rvhich an employee *ho has access
to thc compensation information of other employces or applicants as a part of such emplovee's
Re!. I l,l5 20:2
Attachment 8-A
lot6
l3tl7). and EPA Rcgulations
Ifrhe Agreement is in exccss ofS100,000, the Recipient shall comply with all applicable standards, ordcrs or
regulations issued pufiuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Rc\. 11 15:021
-{ttNchmcnt 8-A
I ol6
cssential job functions discloses the compensation of such other employecs or applicants to
individuals who do not othenv'ise have access to such information. unless such disclosurc is in
response to a tbrmal complaint or chargc. in furtherancc of an invcstigation. procceding. hcaring. or
action, including an in!'cstigation conducted by the employer, or is consistent uith the Rccipient's
I!'gal dul) t() fumish inli,rmation-
D. The Recipicnt will send to each labor union or reprcsentative of workers with which hc has a
collective bargaining agrccment or othcr Agreemqnt or undcrstanding. a noticc to be prr-rvided
advising the said labor union or u'orkers' represeltatives of the Recipient's commitments under this
scction. and shall post copies oI thc notice in conspicuous places available to employccs
and applicants for employment.
E. The Recipicnt will comply with all provisions ofExccutive Order I 1246 ofSeptember 24, 1965, and
ofthe rules, regulations. and relevant orders ofthe Secrctary of Labor.
F. The Recipicnt will fumish all information and rcports required by Executive Order 11246 of
September 2,1, 1965. and by rules. rcgulations, and orders of thc Sccretary of Labor, or pursuant
thereto, and &'ill permit access to his books, records. and accounts by the administcring agcncy and
the Secrerary of Labor lbr purposes of investigation to ascenain compliance with such rules,
regulations. and orders.
G. ln the event of the Recipicnt's noncompliance uith the nondiscrimination clauscs ofthis Agrecment
or with any ofthe said rulcs, regulations, or orders. this Agreement may be cancclcd. terminatcd. or
suspended in uhole or in part and the Recipient may be declared ineligible for funher Govemment
contracts or federally assistcd construction contracts in accordancc with proccdures authorizcd in
Executivc Order 11246 of September 24- 1965. and such other sanctions may be imposed and
remedies inrokcd as provided in Exccutile Ordcr 11246 of Scptember 2'1. 1965, or by rule.
regulation. or order of the Secretar-!' ofLabor, or as otheruise pror ided by law.
H. The Recipient will include the ponion ofthe sentence immediately preceding paragraph (l) and the
provisions of paragraphs ( I ) through (8) in every subcontract or purchase ordcr unless exemptcd by
rules, regulations, or orders of the Secrctary of Labor issued pu$uant to section 204 of Executive
Order I l2-16 ofSeprember 2"1, 1965, so that such provisions \!ill be binding upon each subcontractor
or vendor. The Recipient uill take such action with rcspect to any subcontractor purchasc ordcr as
the administcring agcncy may direct as a means ofenlbrcing such provisions. including sanctions lor
noncompliancc.
.1. Confact Work Hows and Saf'ctv Standards Act
Where applicable, if the Agreement is in excess of S100,000 and involves the employment of mechanics or
laborers. the Recipient must comply with ,10 U.S.C. 3702 and 3704. as supplemcnted by Department of Labor
rcgulations (29 CFR Parr 5). Under 40 U.S.C. 3702 oftha Act, cach Recipient must be requircd tt.r compute the
rvagcs of cvcry mechanic and laborer on the basis of a st.uldard work week of 40 hours. Work in excess of the
standard uork week is permissible provided that the worker is compensated at a rate of not less than one and a
half timcs thc basic rate olpay for all hours uorked in cxcess of40 hours in the work week. The requirements ol-
10 U.S.C. l7(X arc applicable ro construction work and providc that no laborcr or mechanic must be requircd to
rvork in sunoundings or under working conditions which are unsanitary, hazardous. or dangerous. These
requiremenrs do not apply to the purchascs of supplies or materials or articles ordinadly available on the open
market. or contracts for transportation or transmission of intelligence.
5. Riqhts to Inventious Made Under A$eement
lf rhe Fedcral award meets the definition of"funding agreement'' under l7 CFR S401.2 (a) and the Non- Fcdcral
Entity or subrecipient \!ishes to enter into a contract with a small business firm or nonprofit organization
regarding thc substitution ofparties, assignment or perfbrmance ofexperimental, dcvelopmcntal. or research
$ork under thar "funding agrccmcnt." the Non-Federal Entity or subrecipient must comply u'ith thc rcquircmcnts
oi 37 CFR Pan.101, "Rights to Inventions Made by Nonprofit Organizations and Small Busincss Firms Undcr
Golemment Grants, Contracts and Cooperative Agreements." and any implementing regulalions issued by the
awarding agency.6. Clcan air Act (42 U.S. C. 7401-7671{r.). the Federal Wa
Act as amcnded (33 U.S.C. 1251-1387), and by thc EPA (40 CFR Part l5). Violations must be rcported to thc
Federal Awarding Agency and thc Regional Office ofthe Envi.onmental Protection Agency (EPA).
i. Thc Grantee shall include thesc requircments fo. the Clcan Air Act and the Fcderal Water Pollution
Acl in each subcontract exceeding $100,000 financed in rvhole or in part *'ith SLFRF firnds.
7. Debarment and Susoension (Executive Orders 125.19 and l26li9)
The Recipient certifies that it is not listed on the govcmmentwidc cxclusions in the Systcm for Award
Management (SAM). in accordance with the OMB guidclines at 2 CFR 180 and 2 CF 1200 that implcmcnt
Executivc Orders 125.19 (3 CFR part 1986 Comp.. p. llt9) and l26li9 (3 CFR part 1989 Comp.. p. 235).
"Debarment and Suspension."8. Bvrd Anti-t-obbving Amcndmcnt tll u.s.c. 135: )
The Recipient ceniljcs fiat it will rot and has not uscd Federal appropriated l'unds to pay anv person or
organization for influcncing or attcmpting to influcnce an officcr or employcc of any agency, a membcr of
Congress, officer or employee ofCongess, or an employee ofa member ofCongress in connection uith obtaining
anv Fedcral contract, grant or any other au'ard covered by 3l U.S.C. 1352. If applicable, the Recipient shall
disclosc any lobbying with non-Federal funds that takes placc in conncction wilh obtaining an! Fcderal award.
usins lbrm SF-LLL availablc at:
1 \a / tbrmsr s
Grantees u,ho apply or bid for an award of $100,000 or more shall tile the required cenitication.
Each ticr certifies to thc tier above that it \\,ill not and has not used l'cdcral appropriatcd funds to pay
anv person or organization for influencing or attempting to influencc an otlcer or cmployee ofany
agency. a member of Congrcss. oflicer or cmployee of Congress. or an employce of a mcmbcr of
Congress in connection with obtaining any federal contract. grant, or any other award covered by
31 U.S.C. \ 1352. Each ticr shall also disclosc any lobbying with non-t'cderal funds that takcs placc
in conncction uith obtaining any lcderal award. Such disclosures are lorwardcd lrom tier to ticr. up
to rhe rccipicnt.
9- Procurcm cnt of Recovercd Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conscrvation and Rccoverv Act as described in 2 CFR parr 200.322.
10. Prohibition on Certain Tclccommunications and Vidco Suneillance Seniccs or Equipmcnt
The Recipients and subrecipients are prohibitcd from obligating or expcnding loan or grant funds to procurc or
obtain; extend or rene!! a contract to procure or obtaini or enter into a contract (or extend or renew a contract) to
procurc or obtain equipment, serviccs. or svstcms that uses covered tqlccorDmunications equipment or sen,iccs
as a substantial or esscntial conponcnt ofanv system, or as critical tcchnology as panofany systcm. Sec Scction
8S9ofPublic La$ I I 5-232 ( National Defense Authorization .A.ct 20 l9). Also. see2 CFR200.2t6 and 200.-17l
['re ferences tbr Procurement
The Recipients and subrecipients must, to thc greatest extent pracrical, give preference to rhe purchase.
acquisition, or use ofgoods- products. or materials produccd in the United States in accordance with 2 CFR
200.322.
r\DI\,II N ISl'R-{TI\'I
l. Cicneral F'ctlcral Resulations
Recipients shall compll' with the rcgulations listed in 2 CFR 200. 48 CFR 3 l. and ;10 U. S.C. I l0l er se42. Rishts to Patents and lnrentions Made Under a Contract or Agreement
Rights lo inventions madc undcr this assistancc aSreemcnt arc subject to federal patcnt and liccnsing regulations.
which arc codified at Title 37 Cl'R Parr 401 and Titlc 35 U.S.C. 200 through 212.,1- Comoliancc *ith the Tratlckine Vicrims Protcclion Ac1 ol l000 (2 CFR Pan 175)
Recipients. their employees, subrecipients under this award, and subrecipients' employees may not:
A. Engage in scvcrc forms oftrafflcking in persons during the period oftimc that the award is in effect;B. Prccure a commcrcial sex act during the period of time thal thc award is i,l cffecl or
C. Use lbrced labor in thc pcrformance oithe award or suba*ards under thc a* ard..1. WhistlebloucrProtecrion
Recipients shall comply uith U.S.C. $,1712, Enhancement ot Recipient and Subrecipient Emplovee
Whistlcblower Protcction. This rcquirement applies to all awards issucd altcr July 1.2013 and cl'fcctive
Decembcr lt. 201 6 has been permanentiy extcnded (Public La\,i,' (P. L. ) I l-1-26 I ).
IL Donrestic
It.\ lllalr):l
Attachmcut ll--\
Iol ()
A. This award, related suba*ards. and related contracts ovcr thc simplified acquisition threshold and all
cmployees working on this award, related subawards, and relatcd contracts ovcr the simplified
acquisition threshold are subjcct to the whistleblo\rer rights and remedics in the pilot program on award
reciprent employee u-histleblower protections established at .ll U.S.C. 4712 b-v section 828 of the
Narional Defense Authorization Act for Fiscal Year 2013 (P.L. I l2-239).
B. Rccipients, their subrecipients. and their contractors awarded contracts ovcr thc simplified acquisition
threshold related to this award, shall inform their employees in writing. in the predominant language of
thc $'orkforce, ofthc employec whistleblowcr rights and protcctions under.ll U.S.C.4712.
C. Thc Rccipient shall insert this clause. including this paragraph C, in all suba\r'ards and in contracts over
thc simplificd acquisition thrcshold related to this a&ardt best effons should bc made to includc this
clause- including this paragraph C in any subawards and contracts awarded prior to the effective date of
this provision.
5. NotitlcationofTcrmination 2 CFR s 200 1-l0 r
In accordancc q ith 2 CFR \ 200.3.10. in lhe event that thc Agrccmcnt is terminatcd prior to thc cnd ofthe period
ofpcrformancc due to the Rccipient's or subconffacbr's material failurc to comply with Federal statutcs,
regulations or the terms and conditions ofthis Agreement or the Federal award, the termination shall be reported to
thc Officc of Management and Budget (OMB)-designated integrity and pertbrmancc system. accessible through
System lbr Auard Managcment (SAM) currcntly thc l'cderal Award€e Perlormancc and lntcgrity lnformation
System (F,APUS). Thc Non-Federal Entit)'will noti0 thc Recipicnl ofthe termination and thc Fcdcral
requirement ro report the termination in FAPIIS. See 2 CFR $ 200.310 for the requirements of the notice and $e
Recipient's rights upon termination and following terminalion.
6. Additional Lobbv ing Rcouircmcnts
A. Thc Recipienr certifies that no funds proridcd under this Agreement have been uscd or will be used to
engage in the lobbying of thc Fcderal (;ovcrnment or in litigation against the Unitcd Statcs unlcss
authorized under existing law.
B. Thc Lobbying Disclosure Act of 1995, as amended (2 U.S.C l160l ct scq.), prohibits any organization
dcscribed in Scction 501(cx,l) ofthe Intemal Revenue Code, from recciving fedcral funds through an
award. grant (and,'or subgrant) or loan unless such organization warrants that it daes not. and lvill not
engage in lobbying activitics prohibired by thc Act as a special condition ofsuch an a$ard. grant (and or
subgrant), or loan. This restriction docs not apply to loans made pursuant to approved levolving loan
programs or to confacts awarded using propcr procurcmcnt procedurcs.
C. Pursuanr ro 2 CFR \200..150 and 2 CFR 9200.r15.1(e), the Recipient is hereby prohibited from using t'unds
prolided b-v this Agreement tbr membcrship dues to any cntitv or organization engaged in lobbying
aclr! rttes.
Incrcasing Scal Bclt Use in thc United Statcs1
Pursuant to Executive order 130.13. 62 FR 1921 7 (Apr. I 8, 1997 ). Grantee is encouraged to adopt and
cnforce on-thc-job seat bclt policies and programs for its employees when operating company-ouned.
rented or pcrsonally o\r'ncd \ ehicles.
Text Mcssasins While Drivinq8. Rcducing
PuNuanr to Execurive order 13513. 74 FR 51225 (Oct. 6,2009), Grantee is encouraged to adopt and enlbrce
policies that ban text messaging *hile driving and establish &'orkplace safety policies to decrease accidents
caused by distracted drivers.
9. Llnitbrm Relocation Assistance and Real Prooerrv.- Acquisitions Act af 1970
Where applrcable. -12 U.S.( . isl:1601--1655 and inrpletnenting regulutions appl! to this Agreement.
CO}lPLIANCE WITH ASSUR{NCES
l. Assurances
Recipients shall comply rvith all applicable assurances made by thc Department or the Recipicn! to the Fcdcral
Gor emmcnt rlunng thc Grant application ptocess.
FEDERA L REPORTIN G REOUIRE MET. TS
I , I] I. ATA
Granl Recipients ar'"arded a nerv Federal grant greater than or equal ro 530.000 awarded on or after Octoberl,
2015. are suhjecr to thc IjFATA the l'ederal Funding Accountability and Transparency Ac1 ("tFATA") of 2006.
The FFATA legislation requires that intbrmation on f-ederal a\r'ards (federal financial assistance and
cxpcnditurcs) be made available to thc public via a single, searchablc website, which is www.USASpending.gov.
R.! Il 15 ll)2:
-\ttachm€nt 8-.{
-l of 6
Thc Cirantee agrecs to provide the information necessary. within one (l ) month ofexecution. for thc Dcpartment
to comply with this requircmcnt.
DEPART}IENI' OF TRE.{SURY-SPEC I FICL Civil Rishts Compliance
Recipients of Fcderal financial assistancc liom the Trcasul are rcquired to meet lcgal requircmcnts relating t()
nondiscrimination and nondiscriminatory use of Fcderal funds. Those requircments include ensuring that entitrcs
receiving Federal tinancial assistance from the Treasury do not deny benefits or senices or otherlr.ise discriminate
on the basis ofracc, color, national origin. (including limited English proficicncy), disability, age. or scx (including
sexual orientation and gender identity). in accordancc u'ith the following: Titlc VI of Civil Rights Acrs of 1973
(Section 50,1), Public Lau'9l-112. as amcnded by Public Law 93-516. 29 U.S.C. 79.1; Titlc IX ofthe Educarion
Amendments of 197: (Title IX),20 U.S.C. l68l er seq.. and rhe Department's implementing regulations.3l CFR
28: Agc l)iscrimination Act ol 1975, Public Law 94-135,42 U.S.CI. 6l0l ct seq., and thc Department ofTrcasury
implemcnting rcgulations at 3l CFR pan 23.
The Department of Treasury will rcquest information on recipients' compliance rvith Titlc VI of thc Civil Righrs
Act of 1964, as applicable, on an annual basis. This inlbrmation may includc a narrativc dcscripting the recipient's
compliance with Titlc Vl, along with other qucstions and assumnccs.
SLFRF-SPECIFI('
l. Period of Performancc
All funds fiom SLFRF must be obligated by December 31. 202.1 and expended by December 31, 20262. Eouiomc'nt and Rcal Prooer[ Manasemcnl
Anv purchasc of cquipment or rcal propcny with SLI RF' funds must be consistent u ith thc Unilbnn Cuidancc
at 2 CFR Paft 200. Subpan D. Equipmcnt and real property acquircd undcr this program must bc used for thc
originall-v authorized purpose. Consistent tvith 2 CFR 200.31 I and 2 CFR 200.31j. anv equipment or real
propcrtv acquired using SLFRF l'unds shall \est in thc non-Fedcral entit). Any acquisition and maintenance ol'
equipment or real property must also be in compliancc with relevant law.s anrJ rcgulations.
SLT'RF I\FR {SI'RTICTL'RI] PROJE(']'S
For all infrastructure projects. the Grantec shall provide the following project information on a quarterly basis
to the Department:
i. Projected,/actualconstructionstartdate (month/year)
ii. Projected./acrual iniriation ofoperation date (month/year)
iii. Location dctails
SLFRF INFRASTRUCTURE PRO.IECTS OVER SIO \III,I,IoN
For infrastructure projects over S l0 million. the following provisions applyl. Wace Ccnitication
Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance
ofsuch project are paid wagcs at the rates not less than those prevailing. as dcrcrmincd bv the
U-S. Sccretarv of Labor in accordance with the Dal is-Bacon Act. lor the corrcsponding classes ol laborers and
mechanics employcd prqectcd ofa character similar Io the contract work in the civil subdivision of Florida in
which the $ork is to be performed. Ifthe Grantee does not provide such certification, the Granree must provide
a projcct employmcnt and local impact rcport detailing:
i. The number ofemployees ofcontractors and sub-contractors u.orking on the project:ii. The number ofemployees on the projecr hired directly and hired rhrough a rhird party;iii. The *'ages and benefits of workers on the project by classifioation: andir,- Whether those wages are at rates lcss than those prcvailing.
Grantee must maintain sufficient records to substantiatc this information upon request.i. Projecr Labor.\grecincnts
Cirantecs may provide a certification that the projecl ilcludes a project labor agreemant, meaning a pre-hire
collective bargaining agreemenl colsistent with the section 8(0 ofthe Nationai Labor Relations Act (29
U.S.C. 158(O). lf thc Grant!-c does not provide such cenification, the Grantee must provide a projecr
Attachment 8-A
Re! I trl5r2o22 5 of 6
\r'orkforce continuity plan. detailing:i. Ho* the Grantee will ensure the projcct has rcady access to a sufficicnt supply of
appropriately skilled and unskilled labor to ensure high-quality construction thrcughout the
life ofthe project;
ii. How the Gmntec will minimize risks of labor disputcs and disruptions that would
jcopardize timeliness and cost-effectiveness of the project;
iii. How the Grantee will provide a safe and hcalthy workplace that avoids dclays and costs
associatedu'ith .,r'orkplace ilhesses, injuries, and fatalities:
iv. Whether u'orkers on the project \r'ill receive uages and benefits that uill secure and
appropriately skilled workforce in the contcxt ofthe local or regional labor market; and
v. Whclhcr the prqect has completed a labor agreement.
3. Other Reoortine RcquilqlqglE
Grantces must repon whether the project prioritizes local hires and whethcr the project has Community
Benefit Agreement. with a description ofany such agreement. ifapplicable.
SLFIU \I'.\TER &E\\ EI{ PROJECI'S
For watcr and scwer projects, Gmntees shall provide the following infomation to the Department once the project
starts. as appliable:
i. National Pollutanr Discharge Elimination System (NPDES) Permit Number, for projects aligncd
*'ith the Clean \l'ater State Revolving Fund
ii. Public Water System (PWS) [D number. for projects aligned uith the DrinkinB Water State
Revolving Fund.
Rs 11152022
Attachmcnt 8-A
6 of6
STATE OF FLORIDA
DEPARTMENT OF ENvIRONNIENTAL PROTECTIO:{
RESILIENT FI,ORIDA GRANT PROGRAM
EXHIBIT A.I
REVISED PROGRESS RIPORT FOR\I
The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be
found on thc Department's wcbsite at the link below. Each payment rcqucst must bc submitted on the
currcnt form. Thc Dcpartment will notify grantees ofany substantial changcs to Exhibit A that occur during
the grant agreement period.
hnps://fl oridadep.sov/Resilient-Florida-Pro gram./Grants
Rc\. lrl3,202l
Exhibit A-1, Page I of I
EXHIBIT F-I
DEP AGREE}TE\T NO. 22T'RPI 7
I).\\I.\ BE.\CII S\\ .17I II I I:RR,TCE STOR\I\\.\I'I]R I\IPRO\ E\IE\ I'
Cirt- of Dania Beach
Reyised Fiflal Project Report
lnsert Month & \'ear
This report is t'unded in part through a grant agreement from the Florida Department of Environmental Protection.
Thc vic\r's. statcmcnts, I'rndings. conclusions, and rccommendations cxprcsscd herein are those ol-the author(s) and
do not necessarily reflect the vie\rs of the State of Florida or any of its subagencies.
Exhibit F-1, DEP Agreement # 22FRPl7
Page I
EPA
ArraL
6r3012021
Part l. Erccutivc Sumnrarv
Part II. llethodologl
Part I ll. f)utcome
Include the /bllowing.- l) evaluation ofprojecl's abiLily to meet goals and expected performance measures arul provicle
explanation fbr wh1, goals were not met, if applicable; 21 identifi successful outcomes. are.rs for improvement, and
quantilable melrics (including the ussigned tnetric ih Exhibit ,4, if applicable) as a result of the project: and 3) lnal
project photos, if an implementation construction project.
Part lV. Further Recommendations
Instructions for completing Exhibit F Final Project Report Form:
DLP ACREEMENT NO.: This is thc numbcr on your grant agreement.
GRANTEE NAME: Entcr thc namc of the grantee's agency.
PROJECT TITLD: Enter the title shown on the first pagc ofthc grant agreement
MONTH & YEAR: Enter month and ycar ofpublication
The final Pro.lect Rcport must contain the following sections: Executive Summarv. Mcthodology. Outcomc. and
Funher Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreement. Plcase limit the final projcct report to no morc than fivc (5) pages. One clcctronic copy shall be submitted
lo the Department's Grant Manager t'br approval. Final payment u.ill be held until receipt and approval of the Final
Project Report.
Questions regarding completion of thc Final Project Report should be dircctcd to thc Departmelt's Grant Manager,
identificd in paragraph l8 ofthis agrccment.
Exhibit F-1, DEP Agreement # 22FRPl7
Pagc 2
6i 3012023
STATE OF FLORIDA
DEPARTMENT OF ENVIRONM ENTAL PROTECTION
RESILIE\T FLORIDA GRA)iT PROGR{\'I
REVISED CONTRACTUAL SERVICES CERTIFICATION
Exhibit H-l
Required for all grant agreements that include Contractual Seruices as an expenditure category
DEP Agreemcnt Nu*6".' 22FRP I 7
project Title: Dania Beach SW 37th Terrace Stormwater Improvement
Grantee: City of Dania Beach
Subcontractor
Note: Submit separate Exhibit H Certilication for each additional subcontractor
Prior to making a request for payment of contractual services. the Grantee must provide the
following to the Department Grant Manager then responsible for the Grantee's Resilient Florida
Granl Program grant agreement:
l. Documentation of the Grantee's procurement process, as consistent with Attachment l,
Paragraph 9(c) and Attachment 2, Paragraph I l;
2. A list of all subcontractor quote and or bid amounts (as applicable), including the
company name and address for each subcontractor:
3. An explanation of how and why the Grantee made their determination(s) for the
subcontractor(s) selcctcd to perform certain task(s) under the Grantee's relevant grant
agrccmcnt;
4. A copy ofthe Grantee's executed subcontract agreement, as required by Attachment 2,
Paragraph I l; and
5. This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant
manaSer.
By signing bclow, I ccrtiS that, on behalf of thc Grantee, I have provided all the informatton
required by items L through 3. of this exhibit, as stated above, to the Department Grant Manager
currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also
certify that the procurement process the Grantee utilized follows all of said Grantee's non-
Departmental policies and procedures for subcontractors.
Grantee's Grant Manager Signature
Datc
Rc! l.-1.:01,1
Print Name
COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION
FORM
(PUR 1808)
Exhibit J
This form must be completed by a Common Carrier or contracted carrier and submitted to the
Govemmental Entity with which a Contract being is executed, amended, or renewed. Capitalized
terms used herein have the detinitions ascribed in section 908.1 I l, F.S-
is not willt'ully providing and will not willfully provide
any servicc during the Contract tcrm in furtherancc of transporting a pcrson into this statc
knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or
departure of thc pcrson from this state or the Unitcd States.
Under penaltics of perjury, I dcclare that I have rcad the foregoing statcmcnt and that the facts
stated in it are true.
Title:
Signature:Dale:
PUR 1808 (08/22)Page I of I 60,4-1.020. F-.A.C.
Printed Name:
I