HomeMy WebLinkAboutR-2024-164 FDEP Resilient Florida Grant Funding Agreement for Lift Station No.4RESoLUTIoN No. 2024-\Ct{
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY
OF DANIA BEACH AND THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR LIFT STATION NO.4; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTTVE DATE.
WHEREAS,onFebruary,lS,zo24theCityCommissionapprovedResolution2024.0|9
authorizing the city to enter into an agreement with the Florida Department of Environmental Protection
(FDEP) for grant funds in the amount of$2,005,500 to rebuild Lift Station No 4; and
WHEREAS, on February 29, 2024, FDEP executed the Standard Grant Agreement 23FRP30 for
Lift Statron No.4; 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 M. Amendment No. 1 is made a
part ofand incorporated into this Resolution by Exhibit "A"'
NOW,THEREFORE,BEITRESOLVEDBYTHECITYCOMMISSIONOFTHE
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 of Dania Beach, Florida with the FDEP for the
Lift Station No. 4 Project.
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are repealed to the extent of such conflict'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'
SIGNATURES ON THE FOLLOWING PAGE
Motion by second
FINAL VOTE ON ADOPTION: Unanimous
Yes No
Commissioner Lori Lewellen
Commissioner Luis Rimoli
Commissioner Archibald J. Ryan IV
-Vice Mayor Marco Salvino
Mayor Joyce L. Davis
ATTEST:
ELORA C
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
UTSIS
ATTORNEY
J D
E
C
2 RESoLUTToN #20 24-]\y'f
pASsED AND ADoprE, ". ltlV0f0Df,{ l0 , zor+.
t-b--
AMENDIUEN*T NO. I
TO AGREEMENT NO. 23FRP3O
BETWEEN
FLORID,{ DEPARTMENT OF ENVIRO\MENTAL PROTECTION
AND
CITY OF DANIA BEACH
This Amendment to Agrecmcnt No. 23FRP30 (Agreement) is made by artd bcveen the Depanment ofEnvironmcntal
Protction (Department). an agcney ofthe State ofFlorida. and City ofDania Beach (Grantee). on thc date lasr signcd
bclow.
WHEREAS, the Department entered into the Agreemcnt with the Grantee for Dania Beach Lift Station 4 Mitigatron
(Projcct), effective Fcbruary 29.2024; and.
WI IEREAS. the Department has requested to add a neu deliverable to the Agreement as set fonh herein: and.
WI IEREAS, the parties have agreed to update Attachment 2: Section 7. Match Requirements. Section I5. Financial
Assistance and Payment of lnvoiccs to Rural Communitics or Rural Areas of Opportunity, and Section 16.
Additional Terms to the Agreement as set tbnh herein; and.
\\'HEREAS, the Dcpanment has requested an update to the Performance Measures, Consequences for Non-
Performance. Pa).rflent Request Schedule. and Project Timeline and Budget Detail in Attachmenl 3: and,
WHI-IRtsAS, the Departmcnt has requestcd to add Exhibil M to the Agreemcnt as sct forth herein; and
WHEREAS, the Depanmcnt has requested an updatc to Attachment l. Attachmcnt 2, Attachment 3. Aftachment 4.
Anachment 5. Attachment 6. Attachment 8. Exhibit A and Exhibit H following updates liom the Office ofthc Gcncral
Caunsel.
WHEREAS, other changes to the Agreement are necessary.
NO\\'THEREFORE, the Department and Grartee hereby agree as follorvs:
l. Section 6. ofthe Standard Grant A$eement is hereb."- revised to the following:
Department's Grant Manager
Name: Matthc\r'Behnke
Address: 3900 Common*'ealth Blvd. MS#230
Tallahassee. Florida -12199
Phone: 850-2.15-8305
Email: Matthcw.Behntc(@FloridaDEP.gov
DEP Agreement No. 23FRP30. Amendment No. l. Page I of3
Aftachmenl l. Standard Terms and Conditions. is hercby deleted in its cntirety and rcplaccd with Attachmcnt
l-A. Revised Srandard Terms and Conditions. as attached to this Amcnrlment and hcreby incorporated into
the Ageemcnt. All refsrences in thc Agreement to Anachment I shall hereinafter rel'cr to Aftachment l-A.
Revised Standard Terms and Conditions.
Attachment 3, Granl Work Plan, is hereby dcleted in its cntirety and rcplaced with Attachment 3-A, Reviscd
Grant Work Plan. as attached to this Amcndment and hereby incorporated into the Agrecmcnt. A1l referenccs
in the Agrccmcnt to Attachmcnt 3 shall hereinaftcr rcler to Attachmcnt 3--A. Revised Grant Work PIan.
Attachment "1. Public Records Requirements. is hereby deleted in its entiret) and replaced uith Anachment
.1-A- Reviscd Public Records Rcquirements. All referenccs in thc Agreement to Attachment -l shall
hereinafter ref'er to Attachment ,l--A. Revised Public Records Requirements.
Attachment 5, Special Audit Requirements, is hereby deleted in its entirety ald replaced u'ith Attachment
5-A. Reviscd Special Audit Rcquirements. All refercnccs in the Agrccmcnt to Attachmcnt 5 shall hereinaftcr
rcfcr 10 Attachmcnt 5-A. Revised Spccial Audit Requirements.
Attachment 6, Program Spccilic Rcquirements, is hcreby deleted in its cntirety and rcplaccd u,ith Aftachmcnt
6-A. Revised Program Specific Requirements, attached hereto and made a part of the Agreement. All
rclcrcnccs in thc Agreement to Attachment 6. shall hereinafter rcfcr to Attachment 6-,4, Revised Program
Specific Requirements.
Attachment Il. ('ontract Provisions fbr Coronavirus State and Local Fiscal Recorerv Funds (SLFRF)
Agreements. is hcrcby deleted in its cntircty and rcplaccd with Attachmcnt 8-A, Rcviscd Contract Provisions
for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Agrccments, attachqd hereto and madc a
part ofthc Agrcement. All rel'ercnccs in the Agreemcnt to Attachment ll, shall hereiraftcr refer to Attachment
8-A, Reviscd Conkact Provisions for Coronavirus Sate and Local Fiscal Recovery Funds (SLFRF)
Agreements.
Exhibit A, Progrcss Report Form. is hereby delctcd in its entirety and rcplaccd with Exhibit A-1. Rcviscd
Progress Report Form, anachcd hcrc(o and made a part of the A$eement. Al1 referenccs in the Agrccmcnt
to Exhibit A shall hereinaller rel-er to Exhibit ,A- l. Revised Progress Report Form.
Exhibit H. Contractual Sen'ices Cenification, is hereby deleted in its entirery and replaced $ ith Exhibir H- l.
Revised Contractual Senices Ccnification, aftachcd hereto and madc a part ofthe Agrecment. .A.11 rel'erenccs
in the Agrcemcnt to Exhibit H, shall hercinalier refer to Exhibit H--1, Revised Contractual Serviccs
Certification.
All other tcrms and conditions of thc Agreement remain in effect. lf and to thc extent that any inconsistcncy
may appcar bctwcen the Agrecmcnt and $is Amendment. the provisions ofthis Amendmcnt shall control.
REMAINDER oF PAGE TNTENTIONALLY LE['T BLA\K
4
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6
1
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9
l(l
ll
DEP Agreemenr No. llFRPl0. Amendmenl No. l. Page 2 of 3
Attachmenr 2. Special Terms and Conditions. is hercby deleted in its cntiret-y and replaccd with Attachmcnt
2-A, Reliscd Special Terms and Condilions. as attachcd to this Amcndmenl and hcreby incorporated into thc
Agrcement. All references in the Agreement to Attachment 2 shall hereinafter refer to Anachment 2-A.
Revised Spccial Terms and Conditions.
Thc parties agrcc to the tcrms and c()nditions ofthis Amendment and havc dul!' authorized thcir respcctivc
reprcscirtatives to sign it on the dates indicatcd below.
CITY OF DANIA BEACII FLORIDA DEPARTMENT OF
EN!'IRONMENTAL PROTECTION
B1'By
Authorized Representative or Dcsignee Sccretary or Designec
Ana M. Carcia- ICMA Ciw Manaccr
Pnnl :'Jame and I itle
Dal.
Alex Rccd. Direcror ofthc Olllce ol'Rcsiliencc and
Coastal Protection
Print Namc and Title
Dali.-
List of attachments/exhibits included as pafl ofthis Amcndment
Specit_v Typc Letter, Number Dcscription
Attachmcnt I,A Rcviscd Standard Terms and Conditions (1,1 pa.-ues)
Attachmcnl :-.{Revised Special Tcrms and Conditions (3 pagcs)
Attachment l-A Revised Grant Wo Plan (3 pages)
Aftachnrent ,l-A Revised Public Records Requirements (l page)
Attachment 5-A Rcr ised Special Audit Requirements {6 pages)
Attachmcnt Rcviscd Program Specitic Requiremcnts (3 ges)
Revised Contract Provisions for Comnavirus State and Local
-A.ttachmcnt SA Fiscal Recovery Funds (SLFRF) Agreements (6 s)
Exhibit A-I Revised Progrcss Report Form (l pagc)
Exh ibit H-l Rcvised Contractual Serviccs Certilication I lpase)
Exh ibil \1 Nlalch Expcndilure Nlonitoring Fomt 12 pages
DEP Agreement No.23FRP30. Amendment No. l. Page il of3
STATE OF FLORIDA
DEPARTMENT OF EN!'IRON!IENTAL PROTECTION
REVISED STANDARD TERMS AND CO\DITIONS
APPLICABLE TO GR{\T .{GREENIE\TS
AT'I"\CHNIENT I -.\
l. Etrtire Agreemcot.
This Grant Agreement, including any Aftachments and Exhibits rcfcrred to herein andior aftached herero (Agreement),
constitutes the entire agrccment bctween the panies with respect to fte subjcct mattcr hereof and superscdes all prior
agrccments, whether w ften or oral, *ith respect to such subject mancr. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.2. GrantAdministration-a. Order ofPrecedence. Ifthere are conflicting provisions among the documents that make up the Agreemenl. the
order olprecedence for interpretation ol'the Agrecmcnt is as follows:i. Standard Crant Agreemcntii. Aftachments other than Attachment l. in numerical order as desienated in the Sta[rdard Grant
Agreementiii. Anachment 1. Standard Terms and Conditionsiv. The Exhibits in the order dcsignated in the Standard Grant Agrccmentb. All approvals, written or verbal. and other written communication among the parties, including all notices. shall
be obtaincd by or sent to thc parties'Grant Managers. All wrinen communication shall be by electronic mail,
U.S. Mail, a couricr delivery sen'ice, or delivered in person. Notices shallbe considered dclivered when reflectcd
by an elcctronic mail read rcccipt, a courier servicc delivcry receipt, other mail service dclivery reccipt. or whcn
receipt is acknowledged by recipient. lf the notice is delirered in multiple ways, rhe notice will be considered
delirercd at the carlicsl delr\er) time.c. lf a diffcrcnt Grant Manager is designatcd by cither party aftcr execution of this Agrecmcnt, noticc of the namc
and contact information ofthe new Grant Malager \aill be submitted in writing to the orher party and maintained
in the rcspective panies' records. A change of Grant Managcr does not requirc a formal amendmcnt or change
order to the Agreement.d This Agrcement may be amcnded, through a formal amendment or a change ordcr, only by a written agreemcnt
bet$'een both parties. A lbrmal amendment to this Agreement is required for changes which cause any of the
follou'ing:
( l) an increase or dccrcase in the Agreement funding amount;(l) a change in Grantcc s march requtrcmenrsl
(3) a change in the exptation dare ofthe Agreement; and,,or
(4) changcs to thc cumulative amount of funding transfers berween approved budget catcgories, as defined in
Attachmcnt 3, Grant Wo* Plan, that cxcceds or is expected to excccd twenty pcrcent (20%) ofthc total budgct
as last approved by Department.
A change ordcr to this Agreement may bc uscd whgni
( I ) task timclines within the current authorized Agreement pcriod change;
(2) thc cumulative transfer of funds bctween approved budgct categorics. as defincd in Anachment 3. Grant Work
Plan, are less than trvenry percent (20%) ofthe total budget as last approved by Departmenr;
(3) changing the cunent funding sourca as stated in the Standard Grant Agrcemcnt; and,/or
(4) fund transfers bctween budget categories for thc purposes ofmeeting match requiremcnts_
This Agrcement may be amended to provide for additional scn'ices ifadditional funding is made available by thc
Legislature.
e. All days in this Agrcement are calendar days unless otherwise specified.3. Agreemelt Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement. unless
extended o. terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work perlbrmed on or after the date ofexecutioo through the expiration date ofthis Agreement,
unless otheru'ise specitied in Attachment 2, Special Terms and Conditions. However. work performed prior ro the
execution ofthis Agreement mav bc reimbursable or uscd for match purposes if permitted by the Special Terms and
Conditions.
Attachment l-A
Rcv. lo/ri202,r l of 14
4. Deliverables.
Thc Grantee agrccs to rendcr the serviccs or other units ofdelivcrables as set forth in Anachment 3, Grant Work Plan.
Thc scrvices or other units ofdeliverablcs shall be delivered in accordance uith thc schedule and at the pricing outlincd
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making paymcnt on thar dclivelable. The GraDtec agrees to perlorm in accordance uith thc terms and conditions set
fonh in this Agrcement and all attachments and cxhibits incorporatcd by the Standard Grant Agreement.
5. PerformanceMeasurcs.
The Crantee *arrants that: ( I ) the sen'ices will bc performcd by qualilicd personnel; (2 ) the sen iccs q ill be of rhe
kind and quality describcd in the Grant Work Plan; (l) the seniccs u'ill be performed in a profcssional and
workmanlike manner in accordance with industry shndards and practices: (4) the serviccs shall not and do not
knouingly infringe upon the intellectual property rights. or any other proprietary rights, ofany third party; and (5) its
employees. subcontractors. and/or subgrantees shall compl-v with any securitv and safet-v requircmcnts and processes.
ifprovided by Dcpartmenr, for work done at lhe Project Location(s). Thc Depanmcnt reser!es the right to investiBalc
or inspect at any time to dctermine whcther the services or qualifications offcrcd by Grantcc meet the Agreemcnt
requirements. Notr!,ithstanding any provisions herein to the contrary, written acceptance of a panicular deliverable
does not forcclosc Depanmcnt's remedies in the e\ent deficiencies in the deliverable cannot be readily mcasurcd at
the time of delivcry.6. Acceptance of Deliverables.
a. AcccDtanc c Process. All deliverablcs must bc received and acccptcd in $ riting by Dc-parlment s (irant Nlanagcr
before payment. Tbc Gruntee shall \\ork diligently to correct all dcficicncies in the deliverable that remain
outstanding. withio a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
dcliverables within 30 days ofreccipt. they will be deemed rejected.
b. Reiection ofDcliverables. The Dcpartment reserves thc right to rejcct dclivcrables. as outlined in the Grant
\\'ork Plan. as incomplcte, inadequate, or unacccptablc due. in whole or in pan, to Grantce s lack of satisfactory
performance under the terms ofthis Agreement. The Grantee's efforts to correct the rejected deliverables will
bc at Crantce's solc cxpense. Failure to tullill the applicable technical requircmcnts or complete all tasks or
activities in accordancc with rhe Grant Work PIan *ill rcsult in rejection ofthc dcliverable and thc associated
invoice. Paymcnt for rhe rejected deliverable will not bc issued unless the rejccted delivcrable is made
acccptablc to Departmcnt in accordance with the Agrccment requircments. Thc Departmcnt, al its option, may
allow additional time within which Granlee may r€mcdy the ob.jections noted by Depanment. The Cra.tee's
f-ailure to malic adequatc or acceptable deliverables after a reasonablc oppartunity to do so shall constirute an
e\ ent ofdef'ault.
7. Financial Cotrsequenccs for Nonperformance.
a. Withholdine Paymcnt In addition to the spccific conscquences explained in the Granl Work Plan and,/or
Special Terms and Conditions, thc State of Florida (State) reservcs the righl to withhold pa.vment when the
Grantee has failed to pcrform,/comply with provisions ofthis Agrcement. None ofthe financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoicc rcduction
lf Grantec docs not mcct a deadlinc for any deliverable, the Departmcnt & ill reduce the invoice by I !/o for each
day the deadline is missed, unless an extension is approved in writinS by the Department.
( orrectire Action Plan. IfGrantcc f'ails to corrcct all thc det-lciencics in a rejcctcd delivcrable u'ithin thc speciticd
timeliame. Departmcnt may. in its sole discretion. rcquest that a proposed Correctivc Action Plan (CAP) be
submitted by Grantee to Department. The Dcpartment rcquests that Grartee speciry the outstanding deficiencies
in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP u'ithin ten (10) days of the date of the wriften request fiom
Department. The CAP shall be sent to the Departmcnt's Grant Manager lor review and approral.
Within tcn (10) days of rcceipt ofa CAP, Department shall notify Grantec in writing whether thc
CAP proposed has been accepted. [ftheCAPis not accepted. Grantee shallhave ten (10)days from
receipr of Dcpartmcnr lener rejecting the proposal to submit a rcvised proposed CAP. Failurc to
obtain Dcpanment approval ofa CAP a-s specified above may rcsult in Depanment s tcrmination of
this Agrccmcnt for cause as authorized in this Agrecment.
ii. Upon Department's notice of acceptance ofa proposed CAP. Grantee shall have t€n (10) days to
comnencc implemcntation ol'thc acceptcd plan. Acceptancc ol'the proposed CAP by Departm.'nt
Attachment l-A
2of14
Rc\ 10 I l0ll
It.
a.
does not relieve Grantee of any of its obligations under the Agreement. ln the event the CAP f'ails
to corrcct or eliminate pcrformance deficiencies by Crantce, Departmcnt shall rctain the right to
require additional or fur1hcr remedial steps, or to terminate this Agrcement for failurc to pcrform.
No actions approved by Department or steps taken by Grantec shall preclude Department from
subsequently assening any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficicncies are conected. Rcports on the progress ofthe CAP will be madc to
Departmcnt as requgstcd by Depanment's Crant Managcr.iii. Failurc to respond to a Departmcnt request for a CAP or failurc to corrcct a deficiency in the
performance of the Agreemcnt as specificd by Department may result in termination of the
Agrcement.
Payment.
Pa\.rnent Proccss. Sub.ject to the terms and conditions established by the Agreement, the pricing pcr deliverablc
established by the Grant Work Plan, and the billing proccdures established by Dcpartment, Departmcnt agrecs
to pay Crantee for services rendered in accordance with sectiorr 215.422. Florida Statutes (F.S. ).
Ta'(es. The Depanmcnt is cxcmpted from payment ofStatc sales. usc taxes and Fcderal excise taxes. The Grantcc.
however. shall not be exemptcd from paying any taxes that it is subjcct to, including State sales and use raxes, or
for paymert by Crantee to suppliers for taxes on materials used to fulfill its conaactual obligations with
Depanmcnt. Thc Grantee shall not usc Depanment's exemption number in securing such materials. The Grantee
shall bc rcsponsiblc and liablc for the payment ofall it-s FICA.iSocial Securitv and other taxes resulring ftom this
Agreemcnt.c. Maximum Amount of Acrccment Thc maximum amount of compcnsation undcr this Agreement. \\,ithout an
amendment. is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Projcct are the responsibility ofCrantee.cl. Rcirnbur scrrent fi)r Costs Thc Grantcc shall be paid on a cr)st reimhursement basis for all cligible Project cr'.ts
upon thc completion. subminal. and approval of each deliverable identified in thc Grant Work Plan.
Reimbursement shall be requesred on Exhibit C. Payment Request Summary Form. To be eligible lor
reimburscmsnt, costs must bc in compliance wilh laws, rulcs, and rcgulations applicablc to expenditures ofslatc
funds. including, but not limitcd to. thc Reference Guidc tbr State Expenditurcs. which can be acccsscd at thc
httDsi//w.u'\!.mvfl oridacfo.comidocs-s fl accountins-and-auditin g-libraries/statc-
agencies/reference-Euide-for-state-expenditures. odlc. Rural Communitics and Rural Areas of OpDortunitv lf Grantee is a county or municipality that qualifies as a"rural community" or "rural area ofopportunity" (RAo) as defined in subsection 288.0656(2). F.S.. such Grantce
may requcst from the DePanment that all invoicc pa;.rnents under this Agrccment be directed to thc rclcviLnt
county or municipality or ro the RAO itself. The Deparrment will agree to Grantee,s request if:i. Grantcc demonstrates that it is a county or municipality that qualifics as a "rural communirv" or"rural arca ofopportunity" under subscction 288.0656(2), F.S.,ii. Grantee demonstrates current financial hardship using onc (l) or more ofthe "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.:iii. Grantee's performance has bcen vcrified by thc Depanment. rvhich has dctcrmined rhat Grantcc is
eligible for invoice paymcnts and that Crantcc's performance has been completed in accordance
with this A$eemcnt's tcrms and conditions; andiv. Applicable federal and state law(s), rule(s) and regulation(s) allo\\'for such paymenrs.
This subsection may not be construed to alter or limit any other applicable provisions of federal or state Iau, rule.
or regulation. A current list of Florida's designated RA(fs can bc accesscd at the follow-ing web address:
httos://Uoridaiobs.ors,/comnr unitl-Dlanning-and-dcvelopmcnt/rural-cornmuni -DrosIams/rural-areas-of-
b
fbllouing web address
opportunrt!.
f. Invoice Detarl All charges tbr senices rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submittcd to Department in sufficient detail lbr a proper prc-audit and
post-audit to bc pcrlbrmed. The Grantcc shall only invoicc Dcpartment for dclivcrables that are complctcd in
accordance q'ith the Grant Work Plan.
State Funds Documentation. Pursuant to secdon 216.1366. F.S., ifContractor meets the definition of a non-profit
organization undcr section 215.97(2Xm), F.S., Conuactor must provide the Departme[t with documcntation that
indicatcs thc amount ofstate funds:i. Allocated to be used during the full term of thc contract or agrcement for rgmunerarion to any
member ofthe board ofdirectors o! an officer ofContractor.
Attachment l-A
3 of 14
Rc\'. 10,11202.1
ii. Allocated under each paym€nt by the public agency to be used for remuneration ofany member of
thc board ofdircctors or an officer ofthe Confactor.
Thc documentation must indicate the amounts and rccipients of the remuneration. Such inlbrmation must bc
postcd on the Statc's the contract racking system and maintained pursuant to scction 215.985, F.S.. and must be
posted on the Contractor's website, ifConractor maintains a website.
h. Intcritl&ylDg[! Interim payments may bc madc by Department. at its discretion. if thc completion of
dclivcrables to date have first bcen accepted in writing by Depanmcnt's Gran( Manager.
Final Paymem Request. A final paymenl rcquest should bc submittcd to Department no latcr than sixty (60) days
follo*'ing the expiration date of the Agreement to ensure the availability of funds for payment. Ho\a'ever, all
u'ork performed pwsuant to thc Grant Work Plan must be performed on or bclbrc thc cxpiration datc of the
Agrecmcnt.
,Annual ADDroDriation Continqcncv. Thc State's performance and obligation to pay undcr this Agrccment is
contingent upon an annual appropriation by the Legislature. This Agreemenl is not a commitment of future
appropriations. Authorization for continuation ard completion of work and any associated payments may be
rescinded. rvith proper noticc. at thc discretion of Departmcnt if the Legislature rcduces or eliminates
appropriations.
k. Intcrcst Rates. All interest ratcs charged under dre Agrcement shall be calculalcd on the prcvailing ratc used by
the State Board of Administration. To obtain the applicable interest mte. please refer to:
httDS:/,/www_mvfl oridacfo.com/division/aa/local-govcmments/i udccnrent-intcrcst-rates
I Rcfund r)f Pavmcnt to the Deoartment. Any balance of unobligated funds that have been advanced or paid must
be rcfunded to Dcpa(ment. Any funds paid in excess of the amount to $hich Grantee or subgrantcc is entitled
under rhe terms ofthe Agreement must be refunded to Department. Ifthis Asreement is funded with federal funds
and thc Depanmcnt is reouircd to rcfund the federal qovemment thc Grantcc shall refund the DcDrrlnrcnt its
sharc of those funds.
9. Documentatior Required for Cost Reimbursement Grant .{Sreements and lllatch.
IfCost Reimbursement or Match is authorized in Attachment 2, Special Terms and Corditions. the tbllowing
conditions apply. Supponing docurncntation must be provided to substantiate cost rcimbursement or match
rcqulrl'ments [or thc lbllowing budgct categt'ric.:
a. Salary ,\Vascs. Grantee shall list personncl involved, position classification. direct salary ratcs, aod hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Or erhead Indircct,Gcneral and Adminis trative Costs. Ilcrantee is being reimbursed for or claiming match for
multipliers, all muhipliers uscd (i.c.. fringc benefits. orerhead. indirect. anclor gcneral and administrati\e rates)
shall be supponed by audit. If Department determines that multipliers charged by Oranlee exceeded the rates
supponed by audit, Grantec shall be requircd to reimbursc such funds to Department within thirty (30) days of
written notification. lntercst shall be charged on the exccssive ratc.
c. Contractual Costs ( suhconEactors). Match or reimbursement rcqucsts for paynrents ro subcontractors must be
substantiated by copies of inloices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments tbr direct salaries shall clearly ideutify thc personncl involved, salary ratc
per hour, and hours spenl on the Project. All etigiblc multipliers used (i.e.. fringe benefits. overhead. indirect.
and or general and administratir e rates) shall be supponed by audit. lf Departmcnt dctcrmines rhat multipliers
charged by any subcontractor exceeded the rates supponed by audit. Grantee shall be required to reimburse such
lunds to Depanmcnt \a,ithin thirty (30) days of writtcn notification. Interest shall be charged on the cxcessive
rutc- Nonconsumable and/or nonexpendable personal property or cquipment costing 55,000 or morc purchased
for the Project under a subcontract is subject to the rcquirements sct forth in chapters 273 andior 27.1, F.S.- and
Chapter 691-72. Florida Administrative Code (F.A.C.) andor Chapter 69I-73. F.A.C.. as applicable. For grants
l'undcd with fcderal f'unds, nouconsumablc andror noncxpendable personal propcrty or equiPment costing $10.000
or morc purchascd for the Project under a subcontract is subject to the requiremcnts set forth in 2 CFR 200. Thc
Grantee shall be responsible for maintaining appropriate property records fbr any subcontracts that include the
purchase of equipmenr as part of the delivcry of scnices. The Grantee shall comply $'ith this requircmcnt and
ensurc its subcontracts issucd undcr this Agreemcnt. if any. impose this requirement. in writing. on irs
subcontnctors.i. Ior fixed-pricc (vendor) subcontracts. thc following provisions shall apply: The Crantee may
au ard. on a competitive basis, fixed-price subcontacts to consultants/contractors in performing the
work described in Attachment 3. Granr Work Plan. lnvoices submitted to Depanment lbr tixed-
Attachmcrt l-A
4ofl4
Re\'. l0 I 20:,1
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy ofthe tabulation fbrm for the competitive procuremcnt process (e.g.. Invitation to Bid. Rcqucst
for Proposals. or othcr similar competitive procurement documenl) rcsulting in the frrcd-price
subcontract. Thc Grantcc may requcst approval tiom Department to award a fixed-price subcontracr
resulting ftom procu.ement methods other than those identified above In this instance, Grantee shall
rcquest the advancc uritlen approval from Dcpartment's Grant Manager of the fixed p ce
nr'gotiated by Grantee. The lettcr of request shall be supportcd by a dctailed budget and Scopc of
Services to be performcd by the subcontmctor. Upon rcccipt of Dcpartment Crant Manager's
approval ofthe fixcd-price amount. Grantee may procccd in finalizing the fixed-pricc subcontract.ii. Il the procuremenl is subject to the Consultant's Compctitive Negotiation Act under scctlon
287.05i. F.S. or the Brooks ,A.ct, Crantee must provide documentation clearly cvidencing it has
complied with the statutory or l'ederal requirements.d. Travcl. All rcquests for match or rcimbursement oftravel cxpenses shall be in accordancc with section 112.061.
F.S.
e. Direct Purchasc Equipment. For grants funded tllly or in pan with state lunds. equipment is dcfined as capital
outlay costing $5,000 or more. For grants firndcd fully with t'cdcral funds, equipment is dclincd as capital outlay
costin8 S 10,000 or more. Match or reimbursement for Grantee's direct purchase ofequipment is subject to specific
approval of Department, and does not include any equipmcnt purchased under the delilery oi sen ices to bc
completed by a subcontractor. Include copies of invoices or receipts to documcnt purcha-scs. and a propcrly
completed Exhibit B, Propcrty Reporting Form.f. Rcntal/Leasc of Eouioment. Match or rcimburscment requcsts for rental/lease of equipment must include copics
of invoices or receipts to document charges
iscellaneousr Other Ex If miscellaneous or other cxpenses. such as matcrials. supplics. non-excluded
phone expenses. reproduction. or mailing, are rcimbursable or availablc for malch or reimbursement undcr the
tcrms of this Agreement, thc documentation supporting thesc expenses must be itemized and include copics of
receipts or invoices. Additionally. independent ofGrantee's conkact obligations to its subcontractor. Department
shall not rcimburse any of the following types ol'charges: cell phone usage: aftom!-y's fees or court cosls: civil
or administrative penaltics: or handling fees, such as set perccnt oyeragcs associated with purchasing supplics or
equipment.
h. Land Acauisition. Reimbursement lbr the costs associated uith acquiring inreresr and/or rights to .eal properry-
(including acccss rights through ingrcss,'egrcss easements. leases, liccnse agrccments. or other site access
agrcements; an(yor obtaining record title ownership ofreal propefly through purchasc) must bc supponed by lhe
lbllowing. as applicable: Copies of Property Appraisals, Environmental Site Asscssments, Survcys and LegalDescriptions. Boundary Maps. Acreage Certification. Title Search Reports. Tirle Insurance. Closrng
Stalcments/Documents, Dceds. Leases. Easements. Licensc Agreements, or other lcgal instrumcnt documcntlng
acquired propcrty interest and/or rights. lf land acquisition costs are used to meet match requircmcnts, Grantee
agrccs that those funds shall not be used as match for any other Agreement supported by Statc or Federal f'unds.
10. Status Reports.
The Grantee shall submt status reports quarterly. unless otherwise specificd in rhe Attachments. on Exhibit A.
Progrcss Report l'orm, to Department's Crant Manager describing the work performed during the rcporting pcriod.
problems encountcrcd. problcm resolutions, schedulcd updates. and proposcd work for the next rcporting period.
Quanerly status reports are due no later than tu,'enty (20) days following the completion of the quanerly reponingperiod. For the purposes of this reporting requirement. the quarterly reponing periods cnd on March 31. June 30,
Septcmbcr 30 and Dccember 31. The Depanment will rcvic*'the required reports submittcd by Grantee wirhin thirty
(30) days.
ll. Retailage,
The lirllou ing pror isions apply. if Departmcnt withholds rerainage under rhis Agreement:a. The Department resen es the right to cstablish thc amount and application of retainage on the work performcd
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions-
Rctainage may be \,\,ithheld from each payment to Grantee pending satisfhctory completion ofwork and approval
ofall deliverablcs.
b. lfGrautee l'ails to perform the requestcd work or tails to perlbrm ths work in a satistlctory manncr, Granrec shall
lbrf'€it its right to payment of the retainage associated with the work. Failure to perlbrm includes, bur is not
limited to, failurc to submit the requircd deliverablcs or failure to providc adequatc documentation thar thc work
uas actually pcrformed. Thc Depanmcnt shall providc written notification to Grantcc of the l'ailure to pcrtorm
Attachment l-A
Re\ t0 l,'202,1 5 .,f 14
thar shall result in retainage forfeiture. Ifthe Grantee does not correct the failure to perform within the timeframe
stated in Department's notice. the retainage u'ill be forfcited to Department.c. No retainage shall be rcleased or paid for incomplete work *hile this Agreemsnt is suspcnded.
d. Exccpt as otherwise provided above, Grantcc shall be paid the rctainage associated with the work, providcd
Grantee has completed the work and submits an invoice for rehinage held in accordance with the invoicing
procedurcs under rhis Agrccmenl.
12, lnsurance.a. Insurancc Rcauirements for Sub-(irantees andr'or Subc()ntractors The Grantcc shall requirc its sub-grantccs
and/or subconkactors. if any. to maintain insurance coverage of such t-vpes and lvith such terms and limits as
described in this Agrecment. Thc (;rantee shall rcquirc all its sub-grantees and,or subconractors. ifany. to
make compliance with the insurance requirements ofthis Agreement a condition ofall contracts that are relatcd
to this Agrccment. Sub-Srantees and./or subconfactors must provide proof of insurance upon request.
b. Deductibles. The Dcpartment shall bc exempt fiom. and in no uay liable for. any sums ofmoncy rcpresenting a
deductible in any insurance policy. The payment ofsuch deductible shall be the sole responsibilltv ofthe
Grantee providing such insurance.
c. Proof of I nsurance. Upon execution ofthis Agreement. Grantee shallprovide Departmcnt documentation
demonstrating the existcnce and amount for cach type of applicablc insurancc coreragcprar to pertbrmancc of
any work under this Agreement. Upo[ rcceipt of\triften request f'rom Department, Granlee shall fumish
f)cpartment with proo I'of applicable insurancc coverage by standard fbrm ccrtilicates ofinsurancc, a self-
insured authorization. or other ccrtification of sclf-insurance.
rv to Maintain Co\In thc cvent that any applicablc corcrage is cancclled by thc insurer for anyd
a
reason, or ifGrantee cannot get adequate coverage, Grantee shall immediately notifu Depanment ofsuch
cancellation and shall obtain adcquate replacement covcragc conforming to thc requiremcnts herein and providc
proof of such replaccmcnt coltrage within tcn ( 10) da)'s after the cancellation of coveragc.
e. lnsurance Trust. If thc Cirantee's insurance is provided through an insurance trust. the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
cverywherc thc Agrcemcnt rcquircs them to be added as an additional insurcd.
13. Trrmination.
ation fbr Convc Whcn it is in thc Statc's br'st intercsl. l)epanmcnt may. at its solc discr!'lion.
remlinate the Agreement in whole or in pan by giving l0 days' uritten notice to Grantee. The Depanment shall
ndify Grantce ofthe termination fbr convcnicnce with instmctions as to the cffectivc date oftermination or the
spccific stage ofwork ar which thc Agreemeot is to be tcrminatcd. The Crantce must submit all invoices for
work to bc paid undcr this Agreement within thirry (30) days ofthc cffectivc date of termination. Thc
Department shall not pay an
b. Tcrmination for Cause. The
y invoices received after thiny (30) days ofthe eff'ective date oftermination.
Department may terminate this Agreemcnt if an), ofthe evcnts ofdefault describcd
in thc Elcnts ofDefault prorisions bc-lou occur or in thc elent thal Grantee lails to fullill any ofits other
obligations under this Agreement. If, after tcrmination. it is determined that ( irantee was not in dctault. or that
the del'ault was excusable. the rights and obligations of the parties shall be the same as iithe termination had
bcen issucd lbr the convenience of Departmcnt. The rights and rcmedies of Dcpartment in this clause are in
addition to any othcr rights and rcmedies provided by lau or undcr this Agrccment.
c. Crantee Oblisations uDon Noticc of Termination. After receipt ofa notice oftcrmination or partial tcrmination
unless as otherwise directed by Department, Grantee shall not fumish aLny service or deliverable on the date. and
to the extent specified. in the notice. Horvever. Grantee shall continuc work on any portion ofthe Agreemcnt
not terminared. Iffie Agreement is terminated before performancc is completed. Grantce shall be paid only for
that work satisfacrorily performed tbr which costs can bc substantiated. The Grantee shall not be cntitled to
recover any cancellatio[ charges or lost protits.
d ( ontinuation of Prenaid Senices. Ii Depanment has paid lbt any sen ices prior to the expiration. cancellation.
or termination ofrhe Agrccmcnt. (irantee shall continuc to provide' Dcpanmcnt uith thosc scniccs lbr which i1
has already bcen paid or, at Dcpanment's discretion. (;rantee shall provide a rct'und ftrr scrviccs that have becn
paid for but not rendered.e. Transition of Sen'ices UDoD TeImination. ExDiration.or Cancellation ofthe Asreement lf senices pror ided
under thc Agrcement are being transitioncd to another provider(s), Crantec shall assist in thc smooth transition
of Agreemcnt scrviccs to the subscquent provider(s). This requirement is at a minimum an affirmativc
obligarion ro cooperatc with the ncu' providcr(s), hou'ever additional requircments may bc outlincd in the Grant
Rer l0 I l0lJ
Attachmcnt 1-A
6 ol1.1
l|ork Plan. The Granree shall not perfbrm any sen'ices after Agreement expiration or termination, except a\
necessary to complcte the transitioo or co[tinued portion ofthe Agreement. ifany.
14. Notice of Default.
If Orantee dct'aults in thc performance of any covenant or obligation contained in the Agrecmcnt. including. any of
the events oidefault, Department shall provide notice to Grantee and an oppomtnity to cure that is reasonable under
thc circumstances. This notice shall state the natue ofthe failure to perlbrm and provide a timc certain for correctrng
thc failure. The notice will also provide that, should the Grantec fail to pcrform within the timc provided. Crantee u,ill
be tbund in default, and Depanment may tcrminate thc Agreement effective as of the datc of receipt of the default
notice.
15, Events of Default.
Providcd such failure is not the fault of Department or outside the reasonable control of GBntec, the following non-
cxclusive list ofcr-ents, acts, or omissions. shall constitute events ofdefault:a. The commitment of any material brcach of this Agrcement by Grantee, including failurc to timely delivcr a
material dcliverable, failurc to perform the minimal lcvel olserviccs rcquired for a delivcrable, discontinuancc of
thc pcrfbrmance of thc uork. failure to resume work that has been discontinued within a reasonablc timc alier
notice to do so, or abandonment ofthe Agreem€nt:b. The commitment ofa.y material misrepresentation or omission in an-v matedals, or discovery by thc Dcpanment
ofsuch, made by the Crantcc in this Agreement or in irs application for funding:c. Failure to submit any of thc reports required by this Agrecmen[ or having submitted any repon with incorrcct.
incomplere. or rnsuflicient tnlormatron:d. Failure to honor any term ofthc Agrccment;e. Failure to abide by any statutory, regulatory. or licensing rcquirement. including an entry of an order reroking
the cenificate ofauthority gBnted to rhe Grantee by a state or other licensing authoriry;f. Failure to pay any and all entities, individuals, and fumishing labor or materials, or failurc to makc payment to
any other cntities as required by this Agreement:g. Employment of an unauthorized alien in the performancc of the work, in violation of Section 27.1 (A) of the
Immigration and Nationality Act;h. Failure to maintain the insurance requircd by this Agreement:i. One or more of the following ctcumstances, uncorrectcd for more than thiny (30) days unless. r'ithin the
specificd 30-day period, Grantcc (including its reccivcror trustee in bankruptcy) proyides to Departmcnt adequate
assurances, rcasonably accaptable to Department, of its continuing ability and willingness to lultill irs obligations
under thc Agreemcnt:
Entry ofan ordcr for reliefunder Title I I ofthe United States Codc:
The making by Crantee ofa general assignment for the benefit ofcreditorc;
The appointmcnt of a general receivcr or rustee in bankruptcy of Cmntee's busincss or propert_v
and,oriv. An action by (irantee under any state insolvency or similar lau tbr the purpose of its bankruprcy,
reorganization, or liquidation.
16. Suspension of Work-
The f)cpartment ma1', in its sole discretion, suspend any or all activities under the Agreement, at any time. when it is
in thc best intcrest ofthe State to do so. The Department shall provide Grantee written notice outlining the paniculars
of suspension. Examples ofreasons for suspension include, but are not limited to. budgetary constaints. declararron
ofemergency. or other such circumstances. Afterrecciving a suspension notice, Grantee shallcomply with the notice.
Within 90 days. or any longer period ageed to by thc parties, l)epartment shatl either: (l) issuc a notice authorizing
resumption of work, at which time activity shall resumej or (2) terminate the Agreement. If the Agreemenr rs
terminated aftcr 30 days ofsuspension. the notice ofsuspension shall be dccmed to satisfi/ thc rhirty (30) days' norrcc
required for a noticc of termination for convenience. Suspension of work shall not entitle Grantee to anv additional
compensation.
17. Force Majeure,
Thc Grantee shall not bc rcsponsible for delay resulting f'rom its failurc to pcrfo.m ifncither the fault nor thc negligcnce
of Grantec or its employees or agents contributed to thc delay and the delay is due directly to acts of(;od. wars, acts
of public enemies, strikcs, fires, floods, or other similar cause wholly bcyond Grantee's control. or for any qf thc
foregoing that affect subconractors or suppliers if no altemate source of supply is available to Grantee. ln case of
any delal' Grantee believes is excusable, Crantee shall notily Department in writing of t}le delay or porcnrial delay
and describc thc cause ofthe delay cither ( l) within tcn days afler the causc that creatcs or will create rhc delay tlrst
Attachmellt l-A
Re., l{),l/201l
7 0f 14
arose. if Grantee could reasonably foresee that a delay could occur as a result: or (2) if delay is not reasonably
tbrcseeablc, within five days after thc date Grantee first had reason to bclieve that a delay could rcsult. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing noticc in st ct accordance with this paragraph is a condition prcccdent to such remcdy. No
claim for damages, other than for an extension of time. shall be asserted against Department. The Grantee shall not be
entitlcd to an increasc in thc Agreemcnt pricc or paymcnt of any kind from Department lbr direct. indirect.
consequcntial. impact or other costs, cxpenses or damagcs, including but not limited to costs of accelcration or
incfficiency. arising because of dclay, disruption. intcrf'erence. or hindrance from any cause whatsoever. If
pcrformancc is suspcnded or dclayed, in whole or in part, duc to any ofthe causcs described in this paragraph. after
thc causes have ceasqd to exist Grantee shall perform at no increased cost, unless Department dctermincs. in its solc
discretion, that the dclay u'ill significantly impair thc valuc ofthe Ag.cement to Departmcnt, in which case Dcpartmenr
may: (l) accept allocated pe.formance or deliveries liom Grantee, provided that Grantee gnnts pref'erential treatment
to Departmcnt with rcspect to products subjected to allocation; (2) contract rvith other sources (without rccou.se to
and by Grantee for thc related costs and expenscs) to replace all or pan ofthe products or scn ices that arc thc subjcct
ofthe delay. which purchases may be dcducted from the Agreement quantity; or (3) tcrminate Agrcement in whole or
in part.
18. Indemrilicatior.
a. The Grantee shall be fully liablc for the actions of its agents, employccs. partners, or subcontractors and shall
futly indemni!, dcfcnd, and hold harmless Department and its officers, agents, and employees, from suits,
actions. damages, and costs ofevery name and description arising from or relating to:
i. personal injury and damage to real or pcrsonal langible propc'rty allcgcd to be caused in whole or in
part by Grartce, its agents, employees, parmels, or subcontractors; provided, ho*cver, that Grantcc
shall not indemnify for that portion ofany loss or damages proximately caused by the negligent act
or omission of Department:
ii. thc Grantee's brcach o f this Agrccment or the negli8ent acts or omissions of (;rantcc.
b. The Grantee's obligations under thc preceding paragraph with respect to any legal action are contingcnt upon
Depanmenr giving Granree: ( I ) \r'ritten notice ofany action or threatered action: (2) the opponunit) to take over
and scttle or delcnd any such action at Grantee's solc cxpcnsc: and (3) assistance in delcnding thL'action al
Grantcc's sole cxpensc. The Crantce shall not be liablc for any cost, expense, or compromisc incurrcd or madc
by Dcpartment in any lcgal action without Grantee's prior writtcn consent, uhich shall not be unrcasonably
withheld.
c. Notwithstanding sections a. and b. above, thc following is thc solc indemnification provision that applies k)
Grantccs that arc govemmcnral cntities: Each party hereto agrees that it shall bc solely responsiblc for thc
negligent or \rrongful acts of its employees and agents. Ho{ever. nothing contained herein shall constirute a
waivcr by either pany of its sovereign immunit) or the provisions of section 768.28, F.S. Furrhcr. nothing herein
shall bc construcd as conscnt by a state agency or subdivision o[the State to be sued by third parties in any mattcr
arising out ofanv contract or this Agreement.
d. No prorision in this Agreement shall require Department to hold harmless or indemnify Grartee. insure or assume
liability for Grantee's ncgligencc, waive Departmcnt's sovercign immunity under thc laws of Florida, or
othen ise imposc Iiability on f)epartment for which it would not othcrwise be rcsponsible. Any prorision.
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
Thc Department's liability for any claim arising tiom this Agrcement is limited to oompensatory damages in an amount
no greater than the sum ofthe unpaid balance ofcompensation duc fbr goods or seniccs rendered pursuant to and in
compliance with the terms ofthe Agreem€nt. Such liability is funher limited to a cap of S 100.000.
20. Remedies.
Nothing in this Agrcement shall be construed to make Grantee liable for force majeure events. Nolhing in this
Agreemenr. including linancial consequcnccs for nonperformance, shall limit Department's right to pursue its
remedies tbr other types of damages under the Agreement. at la$' or in equity. The Department may, in addition to
ether remedies available to it. at law or in equity and upon notice to Grantee. retain such monics liom amounts duc
GranEe as may be nccessary to satisl] any claim tbr damagcs. penaltics, costs and thc like asserted by or against it.
21. Waiver.
Thc delay or failure by Depanmcnt to exercisc or enforce any of its rights undcr this Agreement shall not constitutc
or be deemcd a waiver ofDepartment's right thercal'ler to cnforce thosc rights, nor shall any singlc or panial exercisc
of any such right prcclude any othcr or f'urther excrcise thcrcofor thc cxercisc ofany other right.
Attachment 1-.{
8of14
Rc!. 10,I1202.1
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Dcparhcnt shall consider the cmploymcnt by any Grantee of unauthorized alicns a violation of Section
274A(e) of thc Immigration and Nationalitv Act. If Grantee/subcontractor knou ingly employs unauthorized
aliens, such violation shallbc cause for unilateral canccllation ofthis Agreemcnt. The Crantee shall be rcsponsiblc
fbr including this provision in all subcontracts with p vate organizations issued as a result ofthis Agreement.
b. Pursuanttosqctions287.133.287.131.and287.131 F.S.. the following rcstrictions apply to persons placcd on
thc convicted \, endor list, discriminatory vendor list, or thc antitrust violator vcndor list:i. Public Entitv Crimc. A person or affiliatc who has been placed on the convicted vcndor list
following a conviction for a public entity crime may not submit a bid. proposal. or reply on a contract
to provide any goods or sen'ices to a public cntity; may not submit a bid. proposal, or reply on a
contract with a public entity for the construction or repair ofa public building or public work: may
not submit bids. proposals. or replies on leases ofreal propertv to a public cntiry: may not bc awarded
or perform uork as a Grantee. supplier, subcontractor. or consultant under a contnct o'ith any public
cntity; and may not transact busincss with any public entit"v in excess of the tkeshold amount
provided in section 287.01 7. F.S.. for CATEGORY TWO for a period of 36 months following thc
date ofbcing placcd on the convictcd \endor list.
ii. Discriminatorv Vcndors. An cntity or afliliatc v'ho has bccn placed on the discriminatory vendor
list ma-v not submit a bid. proposal. or reply on a contract to provide any goods or seryices to a
public entity: may not submit a bid. proposal. or rcply on a conrracr u irh a public entity for rhc
construction or rcpair ofa public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity: may nol be awarded or perform work as a conracbr,
supplier, subcontractor, or consultant under a contracl with anv public cntity; and may not transact
busincss u ith any puhlic enriq .iii. Antitrust Violator Vendors. A person or an affiliate uho has been placcd on thc antitrust violator
vcndor list follouing a conviction or being held civilll'liablc for an antitrust liolation may ntrt
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid. proposal. or reply on any contract with a public entity for the construction or
repair ofa public building or public work; may not submir a bid, proposal. or reply on leascs ofrcal
property to a public entity; may not be awarded or perlbrm work as a Orantec, supplier,
subcontractor, or consultant under a contract with a public entity: and may not transact new busincss
with a public entity.
otification. The Grantcc shall noti[y Dcpartment if it or any of its suppliers. subcontractois, or1\
tl
2-1
ll
21
consultants have bccn placcd on the convicted vendor list. the discriminatory vendor list, or antitrust
riolator lendor list dudng the lit'e of the Agreement. The Florida Department of Management
Sen-ices is rcsponsible for maintaining the discriminatory lcndor list and thc antitrusr violator
vendor list and posts the lisl on its website. Questions regarding the discriminatory \'cndor list or
antitrust !iolator vcndor IiJt ma) bc directcd to the Florida Dcpartment of Management Scniccs.
Otlice ofSupplier Developmenr, ar (850) 4li7-0915.
Compliance with Federal, State and Local Laws-
The Grantec and all its agents shall compll uith all l'ederal. state and local regulations. including. but not limired
to. nondiscrimination. uagcs, social security, workers'compensation. licenses. and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result ofthis Agreement.
No pcrson. on the grounds of race. crecd, color. religion. national origin. age. gender. or disabiliry. shall bc
excludcd from panicipation in: be denied the proceeds or bcnefits of: or be othenr.isc subjected to discrimination
in pcrfbrmancc ofthis Agreement.
This Agreemcnt shall be gorerncd by and consrrucd in accordance wirh thc laws ofrhc State oi Florida.
Any dispute conceming performance of the Agreement shall be processed as described herein. Jurisdidion tbr
any damages arising under the tcrms ofthe Agrecment will bc in thc courts ol'the Statc. and vcnuc will be in thc
Sccond Judicial Circuit. in and fbr Leon County. Except as otherwisc provided by law. the parties agree to bc
responsible tbr their o' n anomey fees incurred in connection with disputes arising under the terms of this
Agreement.
Build.{merica, Buv America Act (BABA) - lnfrastructure Projects with Federal FundiDg.
This provision does not apply to Agreements that arc lrholly funded by Corotrayirus State and Local
Fiscal Rccovcry Funds under the Amcrican Rescue Plan Act. Also, this provision does llot apply wherc
c
d
Rcv 10, |,202.1
Attachment l--{
9ofl4
therc is a valid waivcr in place. However, the pro!ision may apply to funds expeDded beforc the wriier
or after expiration of the waiver.
Ifapplicable. Recipients or Subrecipicnts ofan a\Iard ofFederal financial assistance from a progmm for
infiastructure are required to comply uith the Build America" tsuy America Act (BABA). including thc
tbllowing provisions:
a. All iron and steel uscd in thc project are produced in the United States--this means all manulacturing processes.
tiom the initial melting stage through the application ofcoatings. occurrcd in thc United Statcs;
b. All manufactured products used in the projcct are produced in the Unitcd States-this means thc manufactured
product \,!as manufactured in the United States: and the cost ofthc components ofthe manufactured product
rhat are mined, produced, or manufactured in the Llnited States is greater than 55 percent ofthe total cost ofall
components ofthe manufactured product. unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable larl' or regulation; and
c. All construction materials are manufactured in the United States-this means that all manufacturing processes tbr
the constmction material occurred in the United States.
The Buy America prcferencc only applies to articlcs, materials, and supplies that are consumed in, incorporatcd
into. or affixcd to an inirastructure prolect. As such. it docs not apply to tools. equipment. and supplies. such as
tcmporary scaftolding, brought to thc construction sile and removcd at or before the completion of thc
infrastructure projcct. Nor docs a Buy America prcference apply to equipmcnt and fumishings, such as movahle
chairs, rlesks. and ponable computer equipment, that ar€ used at or uithin the finished infrastructure project but
are not an intcgral part ofthc stucture or pcrmanently affixcd to the infrastructure projcct.
25. lnYesting in .{m€rica
Grantces ofan award for construction projccts in wholc or in part by thc tsipartisan Infrastructure Law or thc
Inflation Reduction Act. including the following provision:
a. SignagcRequircments
a. tnvesting in America Emblcm: Thc rccipicnt will cnsurc that a sign is placed at construction
sires supported in whole or in part by this auard displaying the official Invcstiag in America
emblem and must identiry the project as a "ProJect funded by President Biden's Bipartisan
Infrastructure Law" or "projcct funded by Prcsident Biden's Inflation Reduction Act" as
applicablc. Thc sign must be placed ar construction sitcs in an easily visiblc location that can bc
directly linked to the work taking place and must be maintained in good condition throughout the
conslruction Period.
The rccipient will ensurc compliance with thc guidclines and design specilications providcd by
EPA for using the olficial Invcsting in Amcrica emblem availablc at:
it.o\stln ame
b. Procuring Signs: Consistent wilh scction 6002 of RCRA, 42 U.S C.6962. and 2 CFR 200.321.
26. Scrutinized
a.
recipients are encouraged to use recyclcd or recovercd matcrials when procuring signs. Signagc
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to incrcase public awarencss ofproJecls
sening communities where English is not thc predominant languagc. recipients arc encounged to
lranslate the language on signs (excluding the official Investing in America emblem or EPA logtr
or seal) into thc appropriate non-English language(s). The costs of such translation are allorvablc.
providcd the cosls are reasoDablc.
Companies.
Granree certifies rhat it is not on the scrurinized companies that Boycott Israel List oI engaged in a
boycott oflsrael. Pursuant to section 287.135, F.S.. thc Dcpartment may immediately terminate this
Agreemcnt at its sole option ifthe Grantee is found to hal'e submitted a falsc ccnification; or ifthe
Giantec is placcd on the Scrutinized Companics that Boycott Isracl Lisl or is engaged in the boycoft
of Israel during the term ofthe Agreement.
Ifrhis Agreemcnt is Ibr morc rhan one million dollars, the Grantec cenilics that it is also not on the
Scrutinized Companics with Activitics in Sudan, Scrutinizcd Companies wilh Activitics in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
scction 287. 135, F.S. Pursuant to scction 287.135. F.S., the Department may immedrately terminate
this Agrccment at its solc option if thc Grantce is found to have submitted a falsc ceflillcation; or i1'
thc Grantee is placed on thc Scrutinized Companics with Activirics in sudan List. or scrutinized
Attachment l-A
l0 of 1.1
b
R.\ l0 I l0l-l
Companies \ith Acti\ ities in the lran Petroleum Energ-v Sector List. or engaged uith business
operations in Cuba or Syria during the tcrm ofthe Agrcement.c. As provided in subsection 287.115(8). F.S.. if federal law ceases to authorize these contracring
prohibitions, then they shall become inoperativc.
27- Lobbving and Intcgrity.
The Grantee agrees that no linds received by it under this Agrecment will be cxpendcd lbr thc purpose ol'lobb) rng
thc Legislaturc or a Statc agency pursuant to section 216.347, F.S.. exccpt that pursuant to thc requircments ofsection
2li7.05lt(6). F.S.. during the tcrm ofany exccuted agreement bctu'een Grantcc and thc Starc, Granlcc may lobbl'the
exccutivc or legislativc branch conccming the scopc of services, performancc, term, or compensation regarding that
agreement. The Grantcc shall comply u ith sections I 1.062 and 216.347. F.S.
28. Record Keepirg.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement In
accordancc qith United Stares gencrallv acccpted accounting principles (US C,A,{P) consistcnrly applied. The
l)epartmcnt, thc Statc. or their authorizcd rcpresentatives shall have acccss to such records for audit purposcs dunng
thc term ofthis Agreemcnt and for five (5) ycars following the completion datc or termination ofthc Agrccment. ln
the event that any work is subcqntracted, Crantee shall similarly require each subcontractor to maintain and allou
access 10 such rccords lbr audit purposes. Upon rcquest ofDepartmcnl's Inspcctor Gcncral. or othcr authorized
State oftlcial. Grantec shall providc any typc of information the Inspector Gencral dccms relcvant to Grantcc's
intcgrity or responsibility. Such information may include. bur shall not bc limitcd to. Grantee's business or financial
records. documents. or files ofan)'tyDe or form that refer to or relate to Agreement. The Gnntee shall retain such
reco.ds li)r the longer ol': (1) three years altcr the cxpiration of thc Agrcement; or (2) the perfud requircd by the
Gcneral Records Schcdules maintaincd by thc Florida Departnent of State (a!ailablc at:
hno:i,'dos.mvfl orida.com,'libran-archives/iec ords-management/eeneral-rec s-schedules, )29. Audits.a. InsDcctor Ccneral The Grantec unde$tands its duty. pursuant to sccrion 20.055(5). F.S., to cooperarc $ith the
tr
inspector general in any investigation, audit, inspection. review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees an or subcontractors issued under this Agreemcnt. if any. imposc this
recluirement. in writing, on its sub-grantees and/or subcontractors, rcspectively.
Phvsigal Access and lnsocction. Department personncl shall be givcn access to and may obscnc antl inspcct
work being performed under this Ageement, u'ith reasonable notice and during normal business hours, includinrby any of thc follou ing mcrhods:i. Grantee shall prov'ide access to any location or facility on which Grantee is perlirrming u.ork. or
storing or staging cquipment. matcrials or documents;ii. Grantee shall permit inspection of any facility, equipment. practices. or operarions required in
performancc ofany *.ork pursuant to this Agreement: and,iii. Grantcc shall allow and facilitatc sampling and monitoring of any substanccs. soils. materials or
parameters at any location reasonable or neccssary to assurc compliance $ith any uork or L-ga1
requirements pursuant to this Agreement.c. SDecial Audit Requirements The Grantcc shall comply r.ith the applicable provisions conraincd in Arrachmcnt
5. Spccial Audit Rcquirements. Each amcndment that authorizes a llnding increasc or decreasc shali includc au
updatcd copv of Exhibit l. to Attachmcnt 5. I f Dcpartment fails to provide an updated copy of Exhibir I to includein each amendment thal authorizes a funding increase or decrease, Grantee shall request one tiom the
l)epartment s Grants Mana8er. Thc Grantee shall consider thc typc offina.ncial assistancc (fedcral and/or state)
identified in Attachment 5. Ex}ribit I and determine whethcr the temrs ofFcderal and/or Ijlorida Sinelc Audir Act
Requircmcnts may furthcr apply to lowcr tier transactions that may be a result of this Agrecmcni. For fedcral
financial assistance. Grantee shall utilize the guidance provided under2 CFR !200.331 fbr determinins $.herher
the rclationship reprcsents that ol'a subrccipient or vendor. For Statc linancial assistance. (irantcc shall utilizc lhe
form entitled "Chccklist lirr Nonstate Organizations Rccipient/Subrecipicnt vs Vendor Dctcrmination" (firrm
number DFS-AI-NS) thal can be lbund under the "Links Forms" section appearing at the tbllowing q.ebsite
https:\laDDS,dii.com\fsaud. Proof of Transactions. In addition to documentation provided to support cost reimbursenrent as described herein.
Depanment may periodically request additional proofofa transaction to evaluate the appropriatcness ofcosts to
the Agreemcnt pursuant to Statc guidclines (including cost allocation guidelines) and federal. if applicablc.Allowable costs and uniform administratile requircments for fedcral programs can bc found undcr 2 CFR200. Thc Depanmcnt may also rcqucst a cost allocation plan in support of its multipliers (ovcrhead. indircct.
Attrchmelt l-A
Rcv. 10,1.12024 11 of l'l
general administrati!'e costs. and fringe benefirs). The Grantee must provide the additional proof \.!'ithin thirtv
(30) days of such requcst.
e. No Commineling of Funds. Thc accounting systems lor all Grantees must ensure that thcse funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantces
are prohibited from commingling t'unds on either a program-by-program or a project-by-project basis. Funds
spccifically budgeted and,or received for one project may not be used to support another project. Whcrc a
Grantec's, or subrecipient's. accounting syslem cannot comply with this requirement, Grantee, or subrecipicnt,
shall establish a system to provide adequatc fund accouotability for each project it has been awarded.
i. tf Depanmeni linds that these funds have been commingled, Depafinent shall have the right to
dcmand a refund, either in \ahole or in part, ofthe funds provided to Grantcc undcr this Agreemcnt
lor non-compliance with thc material terms of this Agreement. The Grantee. upon such written
norification from Department shall rehud, and shall forthwith pay to Dcpartment, the amount of
money demanded by Department. Interest on any r€fund shall be calculated based on the prevailing
rare uscd by thc State Board of Adminisrration. lnterest shall be calculatcd from the date(s) the
original payment(s) are received from Depadment by Granlee to the date repayment is made by
Grantcc to Departmcnt.
ii. tn the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, lrom another source(s), Grantee shall reimburse Department for all recovcred funds
originally provided under this Agrecment and intercst shall bc charged for those recovetcd costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date rcpayment is
made to Department.
iii. Not\r.ithstanding the rcqutements of this scction, the abovc restrictions on commingling lunds do
not apply to ageements whcre payments arc made purely on a cost reimbursement basis.
30. Conflict of llterest.
Thc Grantce covenants rhar it presently has no interest and shall not acquire any interest which \4ould contlict in any
manner or degree with the pedormance ofservices required.
31, Independent Contractor.
Thc Grantee is an indepcndqnt contractor and is not an employcc or agent of Departmcnt'
32. Subcontracting,
a. Unless otherwiie spccified in the Special Terms and Conditions, all sen'ices contracted for are to bc performed
solely by Grantee.
b. The Departmcnt may. fbr cause. rcquirc thc replaccmcnt ofany Grantec emplqy€e, subcontactor, or agent. For
cause. includes, but is nor limited to, technical or training qualifications, quality ofwork, change in security status,
or non-compliance rvith an applicable Department policy or othcr requircment-
c. The f)cpartment may, tbr cause, deny access to Dcpartment's sccure information or any facility by any Grantee
employee, subcontractor, or agant.
a. he Oepanment's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all $.ork
in comiliancc with rhe Agreement. The Grantee shall be responsible for the payment ofall monies due undcr any
subconiract. Thc Dcpartment shall nor be liable to any subcontractor for any expenses or liabilities incurred undcr
any subcoorracr anJ Grantee shall be solcly liable ro thc subcontractor for all cxpenses and llabilities incurrcd
under any subcontract-
e. The l)epartment .\rill not deny Grantee's emplol-ees. subcontractors, or agents access to meetings within the
Departmcnt s facilities, unless the basis of Department's dcnial is safety or security considerations.
L Thi Department suppons diversity in its procurement program and requests that all subcontracting opportunities
affordcd by this Agrcement cmbrace diversiry enthusiastically. The avvard ofsubcontracts should reflect the firll
diversity of the citizens of the State. A list of minority-owned firms that could bc offercd subcontracting
opporrunitics may bc obtaincd by contacting the Office of Supplier Devclopmcnt at (850) '187-0915'g. Thi Crantee shall not be liable for any excess costs for a tbilure to pedorm, if the failure to pertbrm is caused b1'
the dcfault ol'a subcontractor at any tier. and ifthe cause ofthe dcl'ault is completcly beyond the control ofboth
(irantce and the subcontractor(s). and \!ithout the fault or negligence ofeither. unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedulc.
33. Cuarantee of Parent Compan].
IfGrantcc is a subsitliary of another corporation or other business entity, Crantee asscrts that its parcnt company will
guarantec all ofthc obligations ofGmntee for purposes of fulfilling thc obligations ofAgreement. In the event Grantee
Attachment 1-A
l2 of 14
Rc\,.10,Ii202,1
is sold during the period the Agreement is in effect. Grantee agrees that it will be a requirement of sale that the ne\r
parent company guarantcc all ofthc obligations ofCrantee.
34. Suri'ival,
The respcctive obligations of the parties, which by their natue would continuc beyond the termination or expirerion
of this Agreement. rncluding \\,ithout limitation. the obligations regarding confidentialitv. proprietary interests, and
public rccords. shall sun'ive tcrmination, cancellatioo. or exptation ofrhis Agreemenr.
35. Third Parties.
The Department shall not be deemed to assume any liabiliry for the acts. failurcs to act or ncgligcnce of Grantee. rrs
agents, scrvants. and employecs, nor shall Grantcc disclaim its own negligence to Department or any third pan)-. This
Agrcement docs not and is not intcnded to confer any rights or remedies upon any pcrsol other than thc parties. If
Dcpartmcnt consents to a subconaact, Grantce u ill specifically disclasc that this Agreement docs not creatc any third-
party riShts. Futher, no third parties shall rely upon any ofthe rights and obligations created under this Agreement.
36. Severability.
II'a coun of competent jurisdiction deems any term or condition herein void or uncnforceable. thc other provisions
arc scvcrable ro that void provision, and shall remain in full forcc and cffect.
37. Grantee's Emplovees, Subcontractors and Ag€trts,
All Grantee employees. subconfactors. or agents pcrforming work under the Agrccment shall be properly trained
tcchnicians who meet or cxcced any specilicd training qualifications. Upon request, Granrec shall fumish a copy of
technical certification or other proofofqualification. All employees, subconfiactorc, or agents performing work uncler
Agreement must complv with all security and administrative requirements of Department and shall comply $ ith all
controllirtg laws and regulations relevant to the services thcy are providing undcr the Agrcement.38. Assignment.
The Grantee shall not sell. assign, or transfer any of its rights, duties, or obligations under rhe Agreement. or under
any purchasc order issucd pursuant to the Agreemcnt. without thc prior writtcn conscnt of Depafiment. ln the evcnt
ofany assignmcnt. Grantce remains sccondarily liablc for performance ol the Agreement. unless f)epartmcnt expressly
$aives such secondary liability. Thc Depanmcnt may assign thc Agreemcnt with prior \arittcn noticc to Grantei ofits
intent to do so-
39, Compensation Report.
Ifthis Agreement is a solc-source. public-private agreemcnt or if the Grantee, through this agreement with the Statc.annuallv receive 509/o or morc oftheir budget hom the Statc or from a combination ofstate and Fedcral funds. thc
Crantee shall provide an annual repon, includi[g the most recent IRS Form 990, derailing the total compensation for
thc entitics' executive lcadership teams. Total compcnsation shall include salary,. bonuses. cashed-in leaie. cash
equivalents. sevcrancc pay, retiremcnt benetits, deferred compensatiol, rcal-property gifts. and any other payout.
The Grantee must also infbrm the Department ofany changes in total executive compensation between the annual
repons. All compensation rcpons must indicate u'hat percent ofcompensation comes direcrly from the Statc o.
Fcdcral allocatiuns to thc Grantee.
40. Disclosure of Gifts from Foreign Sources-
lf the value of the grant under this Agreement is $ 100,000 or more, Crantee shall disclose to Department any cunent
or prior interest o1'. any contract with. or any grant or gili rcceivcd from a forcign country ofconcem. as defined rn
section 286.101, F.s., if such interest, contract, or granr or gift has a valuc of $50,000 or morc and such intcrest
existcd at any time or such contmct or grant or gift was rcccived or in force at any timc during the prcvious -5 years.
Such disclosure shall include the name ard mailing address ofthc disclosing entity. the amounr ofihc conrraci orgranl or Silt or thc valuc ofthc interest disclosed, the applicable forcign country ofconcem and, ifapplicablc, thc
datc of termination ofthc contract or interest, the datc ofreceipt ofthe grant or gift. and the name oithe agent or
controlled entity that is the source or interest holder. Ifthe disclosure requirement is applicable as tlescribid above.
thcn within I year belbrc applying for any grant. Grantee must also pro! ide a copv of such disclosurc to the
Dcpartmcnt of Financial Sen.iccs.
41. Food Commoditics.
To the extend authorized by federal lau. the Depanment, its grantees- contractors and subcontractors shall give
prcf'erencc to food commodities grown or produced in this state when purchasing food commodiries, inclu{ing farm
products as defined in scction I,123.14. F.S., of any class. varietv, or use thereof in their natural state or as processed
by a farm operation or processor for the purpose of marketing such product.
42. Anti-humar Trafficking.
Re\. l0 I 1202,1
-{ttachment l-A
13 ol l.l
lfrhe Grantee is a nongovemmental entity. the Grantee must provide the Department $ ith an affidar it signed by an
officer or a reprcscntative ofthe Grantee under penalty ofperjury attcsting that the Grantee docs not use coercion for
labor or seniccs as dcfined in section 787.06, F.S.
43. Iron and Steel for Public Works Projects.
If this Agreemcnt funds a "public rvorks project" as dcfined in section 255.0993. F.S.. or the purchasc of matcrials to
bc used in a public works pnlject, any iron or stccl permanently incorporatcd in thc Prqect must be "produced in thc
United States." as defined in section f55.0993. F.S. This rcquirement does not apply if thc Department determines
that any ofthe follo\ ,ing circumstances apply to the Project:
( I ) iron or steel products produced in thc United States are not produced in sufTicicnt quantities. reasonabl),
available, or of satisfactory quality;
(2) the use of iron or steel products produccd in rhe Unitcd States will increase thc total cost of the project by morc
than r[enty percent (20ol;): or
(3)complying with this rcquirement is inconsistcnt u'ith the public intcrest.
Funher. this requiremcnt docs not prevent thc Contractor's minimal use of t'oreign steel and iron materials il
( l) such materials are incidental or ancillary to the primary product and are not separately identified in the project
specitications: and
(2) the "cost ofsuch materials, as dehncd in section 255.0993. F.S.. does not excced onc-tenth ofone percent (19/o)
ofthc total Project Cost under this Agreement or $2.500, whichcver is Sreater.
Elecrrical components. equipment, s!'stems. and appurtenances. including supports. co\.els. shieldinS. and other
appurtenances related to an clectrical systcm that are nccessary for operation oI concealment (cxcepting
tiansmission anrl distribution polcs) are not considered to be iron or steel products and arc, thercfore. cxempt from
thc requirements of this paragraph.
This piovision shall be applied in a manner consistent with and may not be construed to impail the state's
obligations under any intemational agreemcnt.
44. Complete ard Accurate ilformatiol'
Crantee represents and u'arrants that all statements and information provided to DEP are cu[ent. complete. and
accuratc. This includcs all statcmcnts and information in this Cirant, as well as its Aftachments and Exhibits
45. Execution in Counterparts and Authorit]- to Sign.
This Agreemcnt, any amendments, and/or change ordcrs related to the A$cement, may bc cxccuted in countclparts,
each oi$,hich shali be an original and all of uhich shall constitute the same instrument. In accordance with the
Electronic Signature Acr qf 1996, clectronic signatures. including facsimilc transmissions. may be used and shall harc
the same lbrcc and cffect as a written signature. Each pcrson signing this ASreement warrants that hc or shc is duly
authorized to do so and to bind the rcspective party Io thc Agreement.
Rev. l0 11202{
-{ttachmcnt 1-A
l.l of l'1
2
a
b
c
STATE OF I-LORID..\
DEP,\RTMENT OF ENVIRONNIENTAL PROTECTION
Rei'iscd Spccial Tcrms and Conditions
AGREEMENT NO.23FRP3O
ATTACH}TENT 2.A
These Spccial Tcrms and Conditions shall be rcad togcther u ith gencral temrs outlincd in the Standard Te.ms and
Conditions. A(achmcnt 1. Where in conllict, thcse morc spccific terms shall apply.
l. Scope of Work.
Thc Prolect funded undcr this Agrcement is Dania Bcach Lift Station 4 Mitigation. The Project is defined in more
dctail in Attachment 3. Crant Work Plan.
Duration.
Rc irnb t Pcriod The rcimburscment period lor this Agrccment is the same as the tcrm ofthc AgraemenlErtg194a I hct,,' alc cxlrnsiunr ar rrlublc hrr this Proiccr
Sen'ice Periods. Additionat service periods may be added in accordance with 2.a above and are contingent upon
propcr and satisl'actory technical and administrati\c pcdormance by thc Grantee and the availability of funding
3. Payment Provisions,a. Compensation. This is a cost reimbwsement Agreement. The Grantee shall be compensated under this
Agrcemcnt as desc.ibed in Attachment 3.b. lnroicing. Inroicing rl'ill occur as indicated in Attachment 3.c. Advancc Pav. Advancc Pay is not authorized under rhis Agiccment.
.l- Cost Eligible for Reimbursement or Nlatching Requirements,
Rcimburscmcnt lor costs or availahilit-v lor costs to mect matching rcquirements shall bc limited to the Ibllowiog
budget catcgories. as defincd in thc Reference Cuide for Statc Expenditures, as indicated:
Reinrbursemcnt !latch!Categorv
SalariesAVages
Overhead,4ndirect/General and Administrative Costsa. Fringe Benefits, N/A.
b. Indirect Coss- Nr'A.
Contractual (Subcontractors)
Travel, in accordance with Section I12. F.S.
Equipment
Rental/Lease of Equipment
Miscellaneous/Other Expcnses
Land Acquisition
5. Equipment Purchase.
No Equipment purchascs shall be funded under this Agrcement.
6. Land Acquisition,
There will be no Land Acquisitions funded under this Agreement
7, Match Requirements
The Agrcament requires at lcast a 509/0 match on the pan ofthe Crantce. Thereforc. the Grantee is responsiblc for
providing $2,005,500 through cash or rhird pany in-kind touards thc work funded under this Agreement.
The Grantee may claim allouablc project cxpenditures madc on July l, 2021 or aftcr for purposes ofmeeting its
match requiremcnt as identified above.
tr
tr
x
D
tr
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tr
!
tr
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tr
x
tr
tr
tr
D
tr
R.! r' l; :.1
Attachmeflt 2-A
I of3
Dach payment rcquest submitted shall document all matching funds and/or match ctlbns (i.e., in-kind serviccs)
prot ided during the pcriod cor crcd by each rcquest. For agrccments funded solely with state t'unding or non-
American Rescuc Plan Act federal fundinB. the final paymcnr will not be proccssed until the match rcquirement has
been mct.
Ifthis Agrecment is fundcd u ith any amount of fcderal American Rcscue Plan ,Act t'unding. thc Department may
rcquirc that such t'edcral t'unding be fully cxpendcd prior to utilizing requisitc matching funds for Projcct costs. ln
such instance. (;rantees subject to match requirements must demonstmte to the Department that the (irantee has
dcsignatcd the nccessary amounl of funds as match. Ehich the Crantcc certilies will be available for use in later
phases ofthe Project, either after all federal funding has been expended or the federal deadline for expending
Amcrican Rescue Plan Act fundi[g has passed.
lf, upon complction ofthis Project. actual Project costs are less than the total estimated Prqcct costs, and there are
no pending paymcnt requests. thc Grantee's requircd match may bc reduced proportionatcl-v. as long as at least a
50?n march ofthc actual total cost ofthc Project is provided by thc Grantcc and the rcduced amount satisfies
statutory and program rcquirements.
9. QualityAssurance Requiremetrts.
There arc no spccial Qualit) Assurance rcquircmcnts undcr this Agrcement.
10. Rctainage.
No retainage is rcquired under this Agreement
Il Subcontractitrg.
The Grantee may subcontract work under this Agreemenl $ ithout the pnor \r ritten consent of the Department's
Grant Managcr cxcept for certaio fixed-pricc subcontracts pursuant to this Agrcemcnt. which rcquirc prior approval
The Grantee shall submit a copy ofthe executed subcontract to the Depafiment prior to submitting any invoices for
R.! l, ll 1.1
Attachmcnt 2-A
2 of l
8. lnsuranceRequirements
Recuircd Coveraqe. At all times during the Agrccment thq Grantce, at its sole expensc, shall maintain insurancc
coverage of such rypes and with such terms and limits described below. The limits of coverage under each policy
maintaincd by the Grantcc shall not be intcrpreted as Iimiting the Grant€e's liabiliry and obliSations under thc
Agreement. All insurance policies shall be through insurers licensed and authoized to issue policies in Florida, or
alternativcly. Grantee may provide covcrage through a sclf-insurancc program established and operating undcr the
laws of Florida. Additional insurance requirements for this Agreement may be required elsethere in this
Agrecment. however thc lllhgq insurance requircments applicablc to this Agecment are:
a. Commcrcial Gcneral Liability Insurance.
The Grantee shall providc adcquate commcrcial gcneral liabiliiy- insurance coveragc and hold such liabilit,
insurance at all times during the Agreemcnt. Thc Department, its cmploye!-s. and officers shall be named
as an additional insured on any gcneral liability policies. The minimum limits shall be 5250.000 for cach
occurrcnce and $500,000 policy aggregatc.
b. Commorcial Automobile Insurancc.
Ifthe (irantee's duties include the use ofa commercial rehicle, the Grantee shall maintain automobile
liability, bodily injury, and propcrty damage covcrage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department. its employees, and officers shall
be namcd as an additional insurcd on any automobile insurance policy. Thc minimum limits shall bc as
follows:
$200.0001300.000 Automobile Liability tbr Company-Owned Vehicles. ifapplicable
$200,0001300.000 HiredandNon-ou'nedAutomobileLiabilit-vCoverage
c. Workcrs' Comoensation and Emplover's Liability Coverase.
The Grantee shall providc workcrs' compcnsation, in accordancc \r'ith Chaptcr 440. F.S. and employer
liability coverage with minimum limits of S100,000 per accident. $100.000 per person. and $500,000
policy aggegatc. Such policics shalt covcr all cmployees engagcd in aay work under the Grant.
d. Other Insurancc. None.
subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be
pcrformcd under this Agrcement.
12. Statc-owncd Land.
The uork u ill not be perlbrmed on State-owned land.
13. Oflice of Policy and Budget Reporting.
Therc arc no spccial Oftice of Policy and Budget rcporting requircments li,r this Agrccment
14. Common Carrier.a. Applicable to contructs $ith a common carrier firrdperson/corporation that as a rcgular business
transpons people or commodities from place to place. Ifapplicable, Contractor must also lill out and
rctum PUR 1808 beforc contract cxecution. IfContractor is a common carricr pursuant Io scction
908.1 I l(l)(a). Florida Statutes. the Department will terminate this contract irnmediately ifContractor is
found to bc in violation ofthe lau or thc atiestation in PUR 1808.
b. Applicable to solicitations for a cornmon carrier Before contract cxecution. the \r'inning Contractor(s)
must fill out and retum PUR 1808. anct artcsl lhat rl rs not wrllfully pioviding any scrvice in furtherance of
transporting a person into this state knowing that the pe$on unlawt'ully prescnt in thc Unitcd States
according to thc tcrms ofthc federal Immigration and Nationalitv Act,8 U.S.C. ss. ll0l et scq. Thc
Dcpartment $'ill terminatc a contract immediately ifContractor is tbund to bc in riolation ofthe la'w.or the
attestation in PUR 1808.
15. Financial Assistance and Payment oflnvoices to Rural Communities or Rural Areas ofOpportuniq
This agrcement does not provide fcderal or state financial assistancc to a county or municipality that is a rural
communitv or rural area ofopportunity as those rerms arc dcfined in s.288.0656(2).
16. Additional Terms.
a. Paragraph ll.j. ofAttachmcnt I is delctcd and replaced rvith a neu.paragraph 8j.:
A final payment requsst should bc submittcd to thc Departmcnt no later than sixty (60) days following the expiratitrn
date of the Agreement to ensure the availabilit-v of frrnds for payment. Ho\r ever. if full or partial funding for this
Project is pror,'ided by the fedeml American Rescue Plan Act (State and Local Fiscal Recovery Funds), as
administcred by the Unitcd Statcs Department olthe Treasury, a final paymcnt rcqucst for any American Rcscue
Plan Act lirnding provided by this Agreement shall be submitted to the Department no later than October I l. :026,
unless an extension is granted by the Dcpanment in writing, to ensure the availability offunds and adcquate time ro
process pa-yment requeslr. Ifthe Agreement or Task End Date is extended at any time. this payment request
deadline shall still apply. All federal American Rescue Plan Act funds musr be fully expended and reimbursed to
Grantee Name no later than Decqmber 31. 2026, as the funds will no longer be available to the Depanment alicr that
date. All work performed pursuant to the Grant Work PIan must be pedormed on or before rhe expiration date of
this Agreement.
b. Paragraph 8.i. ofAttachmcnt I is deleted
Re\ 6 :7 :1
Attachment 2-A
3 of3
STATE OF FLORIDA
DEPARTNIE\T OF E:{VIRONNIENTAL PROTECTION
REVISED GR{}..T WORK PLA:{
AGREE}IENT NO. 23FRP3O
,\TT,{CH\IE\T.]-,\
PROJECT TITLE: Dania Beach Lift Station 4 Mitigation
PROJECT LOCATION: The Project is located in the city of Dania Beach within Broward County.
Florida.
PROJECT DESCRIPTION:
The Citl of Dania Beach (Grantee) will implement the Dania Beach Lift Station 4 Mitigation (Project). The
project will demolish and rebuild the lift station facilify and provide backup power for a seu'cr litl station
No.4. This project includes construction tasks only.
T.{SKS .\ND DELIYERABLES:
The Grantee rl'ill complete thc following under this Project
Sea Level Impact Proiection (SLIP) Studv Report
The Grantee uill submit a SLIP study report, ifapplicable, pursuant to the relevant Florida Statute (F.S.: s.
161.551. F.S., bcforc July l. 202,1, and s.380.0937. F.S.. thereafter) and Chapter 625-7, Florida
Administrative Code (F.A.C.). The SLIP study report must be submifted to the Department. approved, and
published for at least 30 days before construction begins. This will inform the project owner about the
potential cffects of sca level risc and coastal tlooding on the structure so thcy can usc this information in
project planning and adaptation. Visit the SLIP tool wr.'bsite (Florida SLIP Tool) for more information.
Construction
The Grantee will dcmolish. upgrade and rcbuild Dania Bcach Lift Station No.4 in accordancc with the
construction contract documents. Construction will include mitigation against lloods and threat ofsea level
rise as well as storm hardening and providing backup power to these flood-sensitive locations. Project costs
associated with the Construction task include work approved through construction bids andror construction-
phase cngineering and monitoring scruices contracts. Eligiblc activitics may include mobilization.
demolitir-rn. demobilization. construction obsenation or inspection sen'ices, physical and environmental
surveys. and mitigation projects. Construction shall be conducted in accordance with all local. state. and
lederal pcrmits. Projcct Managcment activitics may includc ficld enginccring serviccs. site meL-tings with
construction contractor(s) and design prol'cssionals. and overall project coordination and supervision.
Deliverables: The Grantee uill submit:
o l.l: Published SLIP Study Report and the contirmation email stating the report was published on
the Department's website for no less than thirty (30) days before construction commences. This is
a no cost deliverable.. 1.2: List of permit type, number, and issuing entity for all local, state, and federal permits required
lbr the Project. This should include any permits listed in the original project application and as
rcqurred by Anachmcnt 8o 1.3: A copy offinal design and record (as-built) drawings.
DEP Agreement No.: 23FRP30
Page I of3
Rer'.9.9..1-l
Task 1: Dania Beach Lift Station 4 ylitisation
1.4: A Certificate olCompletion signed by a Florida-registered Prot'essional Engineer or authorized
individual in responsiblc charge ofproject.
1.5: Coordinare final site visit with Department and submit the Closeout Site Visit Form received
liom assigned Field Agent.
1.6: Project administration and management report(s) signed by the Grantee's Grant Manager or a
Florida-rcgistercd Professional Enginccr or authorized individual in responsiblc charge ofproject.
Thc rcport(s) must cover thc performance period ofthe task and can be submittcd no more
tiequentl! than monthly during the performance period ofthe task. The repon(s) must include:
o A summary olproject administration activities which may also include project and site
inspections;
o Meeting minutes to all attended mcetings, as applicable; and
c Field notcs, ifapplicable.
PERFORMANCE MEASURES: The Grantee will submit all deliyerables tbr each task to
ResilientFloritlaGrants0l'loridaDFlP. sov on or bsfore the Task Due Datc listed in thc Projcct Tinclinc. If
thc Project is not complctcd by the Agrccment's Date ofExpiration, all rcmaining Projcct dcliverablcs must
be submitted no later than sixry'(60) days lbllowing the completion ofthe Project, a5 required by Paragraph
l4 to Attachment 6, Program-Specific Requirements. Thc Dcpartment's Grant Managcr will rcvicw the
deliverablc(s) to verify that they mcst thc specifications in thc Grant Work Plan and thc task description. to
includc any work being pcrtbrmed by anl subcontractor(s). and will providc \rritten acceptancc or non-
acceptance oithe deliverable(s) to the Grantee rvithin thirty (i0) calendar days. Delirerables that the
Departmcnt dctcrmines arc not acccptable must be correctcd and resubrnitted in coordination with the
Dcpartment's Grant Manager. Tasks may include multiple dcliverables to be completcd. The Department
will acccpt partial and full dclircrables. Incomplete delivcrables uill not bc acr^cptcd. A "partial
deliverable" is det-ined as a deliverable consisting of one ( I ) or more (but not all) subcomponents listed in
the deli!crable list for a single task, where such subcomponent(s) are dclivcred to thc Department at onc
hundrcd pcrccnt (100%) completion. A "full dcliverable" is dehned as a delivcrable comprising all
subcomponents listed in the deliverable list for a single task. all delivered to the Department at one hundred
percent ( 100?i,) completion. An "incomplete deliverable" is dellned as a delir erable for rvhich one hundred
pcrccnt ( 100%) complction has not becn achier cd tbr any of the subcomponents listcd in the dclir erable
list for a singlc task. A task is considered onc hundred perccnt (100%) complete upon the Departmcnt's
receipt and approval of all deliverable(s) Iisted within the task and the Department's approval provided bv
the Delivcrable Acccptance Lettcr. All delivcrables must bc rcccived by thc Task Duc Date and acccpted
by the Depanment on or belore the Agreement's Date of Expiration, or the Consequences for Non-
Pcrtbrmancc sct lbrth hcrcin shall apply.
CONSEQUENCES FOR NON-PERFORNIANCE: For cach task deliverable not rcccived and acccptcd
by the Department at one hundred percent (100%) completion on or betbre the Agreement's Date of
Expiration, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion
to thc percentagc of thc delivcrablc(s) not fully completed. For each task deliverablc not reccivcd by thc
Departmcnt b) the spccitled Task Due Date listcd in thc Agreemcnt's most recent Projcct Timclinc. the
Depanment rvill reduce the relevant Task Funding Amount(s) by 5oir per calendar day. uhich rvill be
imposed until the Depanment has received the task deliverable. The Consequence tbr Non-Perlbrmance
will be applied to and included in thc relevant task dcliverablc's payment rcquest. For ProJects fundcd with
t'cdcral Amcrican Rescuc PIan Act funds that arc not complcted by thc Agreemcnt End Datc. these
Consequences tbr Non-Pertbrmance will not apply if all Department funds have been expended and onl1
Match funds remain.
PAYMENT REQUEST SCHEDULE: Following the Grantce's tull or partial completion of a task's
deliverable(s) and acceptance by the Department's Grant Manager, the Grantee may submit a payment
DEP Agreement No.: 23FRP30
Page 2 of3
Rev.9.9.2,1
request tbr cost reimbursement using the Erhibit C. Payment Request Summary Form. All payment
requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form.
detailing all progress made in the invoice period: and supporting fiscal documentation including match, if
applicablc. Intcrim payments will not be acccpted. Paymcnt rcqucsts will not bc acceptcd until all required
Exhibit A. Progress Repofi Forms, have been submitted to the Department's Grant Manager tbr all reporting
periods dating back to the Agreement Begin Date. Upon the Department's receipt of the aforementioned
documcnts and supporting fiscal documentation. thc Depanment's Grant Manager rvill have tcn (10)
working days to review and approve or deny the payment request.
PROJECT TII|IELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables
rcceived by. the corresponding task due datc listed in the table below. Cost-rcimbursable grant funding
must not cxceed thc budget amounts indicatcd below. Requests for any change(s) must bc submittcd prior
to the current task due date listed in the Project Timeline. For Projects funded with federal American Rescue
Plan Act funds, requcsts for any changc(s) must bc submittcd to the Dcpartment prior to October l, 2024.
Requests are to be sent via email to the Department's Grant Manager. $'ith the details of the request and
the reason fbr the request made clear.
Total:
DEP Agreement No.: 2lFRP30
Page 3 of 3
Task
No.
Task f itle DEP Amount NIatch
Amount
Total Amount Task Start
Date
Task Due
Date
I Dania Beach Lift Station 4
Mitigation
s2,005.500 $2.005.500 s.l.0I I ,000 LIpon
!lxccution
06,30r2026
$rl,0l 1,000
Rer. 9.9.1.1
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Public Records Requirements
.\ttachmcnt,{-.\
l. Public Records.
a. Ifthe Agreemcnt cxceeds $35,000.00. and if Grantee is acting on bchalf of Departmcnt in its pcrformance ofscrv'ices
under the Agreement, Grantee mllst allow public access to all documents. papers. letters, or other material. regardless
ol the ph1'sical form. characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I ofthe Florida
Constitution and section I 19.07( 1)- F.S.b. Thc Dcpartmcnt may unilaterally terminate thc Agrccment if Grantcc refuscs to allo[ public access to Public Rccords
as requircd by law.2. Additional Public Records Duties of Section 119.0701, F.S,. If Applicable.
For the purposes ofthis paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section I 19.{)701( I )(a), F.S., the lbllowing provisions apply and the contractor shall:a. Keep and maintain Public Records required by Department to perform the sen ice.b. Upon rcquest, providc Dcpartmcnt with a copy ofrequestcd Public Records or allou, the Public Records to bc
inspcctcd or copicd within a rcasonablc time at a cost that does not cxceed thc cost provided in Chaptcr I 19. F.S.. or
as othc'rvlise provided by law.c. A contractor who fails to provide the Public Records to Department uithin a reasonable time may be subject to
penalties under section I 19.10. F.S.d. Ensure that Public Records that are exempt or conlidential and exempt Iiom Public Records disclosure requircmcnts
arc not discloscd cxcept as authorized by larv for thc duration ofthc contract term and follorving complction olthc
contract ifthe contractor does not transfcr the Public Records to Dcpartmcnt.c. Upon completion ofthc contract. transfcr, at no cost, to Dcpartmcnt all Public Records in posscssion of the contractor
or keep and maintain Public Records required by Department to perfbrm the senice. Ifthe contractor translers all
Public Records to Department upon completion ofthe contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. Ifthe contractor
keeps and maintains Public Records upon completion oithe contract. the contractor shall meet all applicable
requircments tbr retaining Public Rccords. All Public Records storcd clcctronically must be provided to Department,
upon rcquest from Department's custodian of Public Rccords, in a frrrmat spccified by Depanment as compatiblc with
the information technology systcms of Dcpartment. Thesc formatting requircments arc satisficd by using the data
formats as authorized in the contract or Microsoft Word. Outlook, Adobe, or Excel, and any soliware formats the
contractor is authorized to access.I] IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 1I9, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:Telephone: (850) 245-2118
Email:public.serr,'ice floridadep.sov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard. MS 49
Tallahassee. Florida 32399
Rcr .1 I 2(lrj
Attachment 4-.{loll
ST.{TE OF FLORIDA
DEPART}TENT OF E]\.IVIRON}IENTAL PROTECTION
Revised Special Audit Requir€ments
(State and Federal Financial Assistance)
Attachment 5-A
Thc administration ofrcsources au'arded by the Department of Environmcntal Protection (v,hich ma.r' he referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other nufie in the agteement\ to lhe rceiptenl (which hd!- he
reJbrred b as the "Recipient", "Grdntee" or other fiame in the dgreemefil) may be subject to audits and/or mooitoring
by thc Department of Environmental Protection, as described in this aftachment.
MoNITORING
In addition to reviews of audits conducted in accordance u ith 2 CFR Pan 200, Subpan F-Audit Requirements. and
Scction 215.97. F.S., a-s reviscd (see "AUDITS" below), moniloring proccdures may includc, but not bc limited to.
on-site visits by DEP Department stafl limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entcring inb this Agrecment, thc recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate b_v the Depadment of Environmental Protection. [n the event the Departnrent of En! ironmental
Protection dctcrmincs thar a limitcd scope audit ofthc recipicnt is appropriate, the recipicnt agrces to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate rlith an) inspcctions, rcvicu's, investigations. or audits deemed ncccssaq by the Chief
L'inancial Ofliccr (C[O) or Auditor General.
.{UDITS
P,\li l I: IL1)ER\l-1.\']U\DEt)
This part is applicablc ifthe recipicnt is a State or local govemment or a non-profit organization as defincd in 2 ('FR
$200.330
A r.cipient that expends $1.000.000 or morc in Federal arvards in its flscal year. must havc a singlc or
program-spccitic audit conducted in accordance with thc provisions of2 CFR Pan 200. Subpart F. EXHIBIT
I b this Attachment indicates Fcdcral funds awardcd through thc Dcpartment ofEnvironmental Protection
by rhis Agreemcnt. In dctermining thc federal arvards cxpcnded in its fiscal year. the recipient shallconsider
all sources of lideral auards. including fcdcral resourccs rcccived ftom fic Depanment of Enl ironmental
Prorection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit ofthe recipient conducted by the Auditor General in
accordance with the provisions of: CFR Pan 200.51.1 uill meel the requirements ofthis part.
For the audit requirements addressed in Part I, p.lragraph I, the recipient shall fulfill the requirements relative
to auditee rcsponsibilitics as provided in 2 CFR 200.5ott-512.
A rccipient thar expends less than $ 1,000.000 in lederal auards in its fiscal year is not required to havc an
audit conductcd in accordancc with the provisions of 2 CFR Part 200, Subpart F-Audit Requiremens lf thc
rccipicnt exp!'nds less than $1.000.000 in tcdenl a$ards in its flscal year and clccts lo have an audil
conducted in accordancc *ith the provisions of 2 CFR 200, Subpart F-Audit Requirements. thc cost of the
audit must bc paid from non-fedcral resourccs (i.c., the cost of such an audit must bc paid from recipicnt
reiources obtalned llonr other lederal entittes
,1. The recipient may access information regarding the Catalog ofFederal Domestic Assistance (('FDA) via the
lntcrnct at
l
B( is-l)LP 55-: la
r rsam ov,/conteot/assis
Attachment 5-A
I of6
rrv'sed 10,01 2.1
PART II: STATE FL'\DEt)
ln the event that the recipient expends a total amount of state financial assistance equal to or in excess oi
5750,000 in any liscal ,,-car ofsuch recipient (for fiscal ycars cnding June 30.2017. and thercafler). thc
rccipienr must have a State single or project-specific audit lbr such fiscal ycar in accordance with Scction
215.97, F.S.; Rulc Chaptcr 691-5, F.A.C.. Statc Financial Assistancci and Chaptcrs 10.550 (local
govcrnmental cntitics) or 10.650 (nonprolit and lor-profit organizations), Rulcs of thc Auditor General.
EXHIBIT I to this form lisrs thc state financial assistancc au ardcdthrough the Dcpartmcnl ofEnvironmental
Protection b\ this agreement. In detcrmining the state financial assistance expcnded in its fiscal year, thc
rccipient shall considcr all sourccs of statc financial assistancc, including statc financial assistancc reccived
lrom the Dcpartmenl of Environmental Protection. other state agcncics, and othcr nonslatc entitics. State
financial assistancc does not include fcderal dircct or pass-through arvards and resourccs receivcd bv a
nonstate entity for Federal program matching requirements.
In connection u ith the audit requirements addressed in Part II. paragraph l: the recipient shall ensure that the
audit complics u ith thc rcquircments of Section 215.9'7(8). Florida Statutes. This includcs subnission of a
financial reporting package as defined by Section 215.97(2). Florida Statutes, and Chapters 10.550 (local
go!crnmental entitics) or 10.650 (nonprotit and for-profit organizations). Rules ofthe Auditor Gencral.
lf the recipient expends less than $750,000 in statc Iinancial assistancc in its fiscal year (for fiscal ycar ending
Junc 30. 2017. and thereafter). an audit conducted in accordance with the provisions of Section 215.97.
Florida Statutes. is not required. In the event that the recipient expends less thnn 5750.000 in state financial
assistance in its fiscal ycar. and clects to havc an audit conductcd in accordancc with thc provisions ofSection
215.97, Florida Statutes. the cost ofthe audit must be paid Aom the non-state entity's resources (i.e.. the cost
ofsuch an audit must be paid t'rom the recipicnt s rcsources obtaincd fiom orhcr than Statc entities).
For information regarding the Florida Catalog ofState Financial Assistancc (CSFA), a rccipient should access
thc Florida SinSle Audil Act \r'cbsitc located at hups:/lapp!.]0rl&.Qe&&aa for assistancc. ln addition to rhe
above uebsitcs, thc follouing websitcs may bc acccsscd for infbrmarion: Legislaturc's \!'cbsite ar
http://\!1lw.lcq.state.tl.us,{ clcomei'indcx.cftn.Statc of Florida's wcbsite at http:/iwr.vu,.myflorida.com/
Dcpartmcnt of Financial Scniccs' Websitc at htlp:,/1$ $ w. fldfs. conr and the Audibr Ccncral's Website al
hfto:, .*wrr.mvfl com/audqcn
PART III: OTIIER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifi any additional dudit requirements imposed bv- the State dwdftling e titv
lhdl dre solelr a mdtter oftfu State awarding enlit!-'s poliL)) (i.e-, the audit is not requiretl by Federal or State laws
and is not ih.-onJh.t tt'ith other l'ederal or State audit requirements\. Purs dhttoSecton215.97t8).FloridaStah es.
State agencies may t'onduct or arrange for audits ofStatelnancial dssistonce that are in addition to audits ttnducted
in accordanee with Section 215.97. Florida Statutes. In such an evcnt, the Stale awarding agen(y must drrange for
lunding theJull cost ofsuch additional audits.l
PART I\': REPOR] SL B\lISSIO\
Copies of rcporting packages for audits conductcd in accordance u'ilh 2 CfR Part 200, Subpan F-Audil
Requirements. and required by PART I ofrhis form shall be submitred, when required by 2 CFR 200.512. b1
or on bchalfofthe recipicnt dircctlv to thc Federal Audit Clcaringhouse (FAC) as prolidcd in 2 CFR 100.36
and 200.51.1
A. The Federal Audit Clearinghouse designated in 2 CFR S200.501 (a) (the number of copies required by
2 CFR \200.501(a) should be submitted to thc Federal Audit Clearinghousc). at thc fi)llo$ ing addrcss
.1
B(iS-DEP 55-t t5
Attachment 5-A
2 of6
r.!r\.d l0 0l :{
l.
This part is applicablc if thc rccipicnt is a nonstatc cntiry as defined by Section 215.97(2). Florida Statutes.
I
l
By Mail
Fcdcral Audit Clcaringhouse
Bureau of the Census
l20l East lorh SEeer
Jctfersonvillc. IN 47132
Submissions ofthe Single Audit reponing package tbr fiscal pcriods ending on or aiicr January l.
2008, must bc submittcd using thc Federal Clearinghousc's Intemet f)ata Entry Sysrem uhich can
be lbund at http:/,harvcstcr.c us.gor r'facrveb,
Copies of financial rcporting packages rcquired by PART Il of this Attachmont shall bc submitted by or on
behalfofthc recipicnt dilgE[y to each ofthe following:
A. Thc Dcpartmcnt of Ln\ iroruncnlal Protcction at on!'ofthc lirllouing addresses
By Mail:
Audit Director
llorida Department of Envircnmental Protection
Office of Inspector Ceneral, MS .10
3900 Commonwealth Boulevard
Tallahassee. Florida 32399--1000
Elcctronicallv
FDEPSirslcAudi taa deo stat. fl.us
B. Thc Auditor General's Oflice at the follou.ing address
Auditor Gencral
Local Govemment Audits,'3.12
Claudc Pcppcr Building. Room .l0l
I I I West Madison Street
Tallahasscc. Florida 12399- 1.150
The Auditor General's website (http://flauditor.govo provides insructions for filing an
electronic copy ofa financial reporting package.
Copies ofrepons or management letters required by PART ltl ofthis Attachment shall bc submined by or
on behalfofthe recipient directly to the Department ofEnvironmental Protection at one ofthe following
ad&esses:
By Mail:
Audit Director
Florida Dcpartment ol Environmental Protection
Offrce of Inspector Gcneral, MS '10
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
Elcctronically
FDEPSincleAudit(a'deo. state. fl . us
-l An)'repons. management letters. or other information required to be submitted to the Depanment of
Environmcntal Protection pursuant to this Agrccment shall bc submitted timely in accordance $'ith 2 CFR
200.512. section 215.97. F.S., and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and
ftrr-profit organizations). Rules ofthe Auditor General. as applicablc.
tr(;s-DEP 55,:15
Attachment 5-Ai of6
re!ised 10,01,2,1
Rccipients. u hen submitting tinancial reponing packages to the Depanmcnt ofEnr ironmcntal Protcction tbr
audits donc in accordance with 2 CFR 200, Subpan F-Audit Requircments. or Chapters 10.550 (local
goremmcntal entitics) and 10.650 (non and for-profit organizations). Rules ofthe Auditor General. should
indicate the date and the reponing package was delivered to the recipient correspondence accompanf ing the
reporting package.
P.\RT \': RECORD RETI \TIO\
Thc rccipiL'nt shall retain sufficient rccords demonstrating its compliance $'ith thr: tcrms of the award and this
ASreement lbr a period of five (5) years irom thc date thc audit rcport is issucd. and shall allow the Dcpanment ol-
Environmcntal Protcction, or its designcc, Chief Financial Officer, or Auditor General access to such records upon
rcqucst. Thc recipicnt shall cnsure that audit working papers are madc availablc to the Dcpatment of Environmental
Prorection. or its designee. Chief Financial Officcr. or Auditor Gencral upon rcquest for a period of three (3) years
tiom the date the audit repon is issued, unless extended in rvriting by the Depanment of Environmental Protection.
B(is,l)EP 55-lt5
Attachment 5-A
.1 of 6
reliscd l0 0l l-1
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t(t to.t(tiofi : l5-97 FSIassistutnte awanied thal i\ s h
State Rcsourccs .{}r'ardcd fo thc Rccipicnt Pursuant to this Agrccnrcnt Consist of the Follorying lll]lghjll Rcsourccs lbr Fedcral Programs:
Fcdcral Agcncy c lil)A C'FDA Tillc Funding Anxrunt
Statc ppropriation
( atc,.Iory
l'ederal
Program
B Fcderal Agencv (.I: I)A ( FI),\ lirlc l'urdinA Amount
Statc
Appropriation
('rtegory
funding AdroLrnt
Slatc
Appropriation
C'alcgory
State
Program
State Awarding Agcncy
Statc
Fiscal Ycarr
(,S FA
Nurnbcr Fundi:rg Source Dcscriplion
( SFA Titlc
Statc
Program
B Stalc A\\'ardin,I Agcncy
Stalc
Fiscal Ycar']
CSI.'A
Number Fundinu Sourcc Dcscription
C SIrA Titlc
Funding Amount
Statc
Appropriation
('atcgory
s2.005.500.00'li)lal Alvard
in thc Agrccmcnt.
I Sublect kr changc by Changc OrdcrI SLrbiect lo ch|nge bv (lh r)gc Order
Attachment 5-A, Exhibit I
6ol 6
Federal
Prograrn
A
STATE OF FI,ORID,\
DEPARTNIENT OF EN\IRONi\IENTAL PROTECTION
REvISED PRoCR\\I-SPt]CIFIC REQTIIRE\IENTS
RESIt,IT]\T FLORIDA PROGR,T\I
AI-TACH}It]NT 6-,\
(;eneral
l. Dclivcrable and Paymcnt Rcquest Submissions. All grant delivcrablcs and paymcnt requests (Exhibit C) must
be submitted to ResilientFlorida(irants(alFloridaDEP.gov
l. Contractual Sen iccs. For all grant agreements that include Contractual Senices as an expenditure category
thc Grantee must submil Exhibit H, Contractual Services Ccnification. and all requircd supporting
documcntation for all contractors conducting work under the grant agreemcnt. prior to submitting a payment
requcst lbr contractual scrvices.
3. Grant!'!' Match Form. lf the grant agrcemcnt includcs match requircmcnts in Attachment 2. th!'Grantee must
submit the Grantcc Match Form upon cxccution ofthc grant agrccment and at anv rime there arc changes to
thc match t'unding amount andror funding source throughout thc grant agreement period.
4. Proicct Photos. Thc Grantee must submit Exhibit G, Photo Rclease Form. with the first submission ol-
dclircrables and rcpons (Exhibit A and F) that include photos.
5. DEP Loso and Fundins Source Disclaimer. The tinal Vulnerabili t) Assessment Report. Adaptation Plan
rcport or documcnt, and any pcrmanent signage created for an implementation project included on thc
State\r'ide Flooding and Sea Level Rise Resilience Plan must include the Department's logo (uhich can be
found on the Department's rvebsite at: https:i/floridadep.gqy or by contacting the Grant Manager for a copy)
as wcll as the following languagc:
"This uork $'as fundcd in part through a grant agreement tiom the Florida Department of Environmental
Protccturn's C)fficc of Resiliencc and Coastal Protection Resilicnt Florida Program. The viols. statements.
findings. conclusions, and recommendations cxpresscd herein are those of the author(s ) and do not
neccssarily reflect thc vieus ofthc State of Florida or any of its subagencies."
6. Final Proiect RcM. The Grantce must submit Exhibit F. Final Project Report Form. prior to rcquesting linal
payment. The Final Project Report may., be submitted in lieu of the final Exhibit A. Progress Report Form.
only rn instances whcre the next quarterly progress rcpofi lalls aftcr the Agreemcnt's Date ofExpiration. For
grants funded with American Rescue Plan Act (ARPA) Funds that are not completed by the Agreement s
Date of Expiration, Exhibit F must also be submitted to ResilicntFlondaCrants(dFloridaDEP.eov upon
complction ofthe projcct, which may be after thc AgTeement's Date ofExpiration.
Copyright. Patent and Trademark. The Department reseryes a royalty-Fee. nonexclusive. anr.l irrevocable
licensc to reproduce. publish or othcrwise use. and to authorize othcrs to use. for state govemmcnt purposes:
a. Thc copyright in any work developcd under this Agreementi andb. Any rights or copyriSht to which the Grantcc or subcontractor purchases ounership with grant support.
8. Ge-oeraphi! lnfornration Syslem ((;lS) files and associated nrctadara. All GIS lilcs and associaled mcladat!
must adhere to thc Rcsilient Florida Program's GIS Data Standards (found on thc Resilient Florida Program
website: httrs://lloridadep.gov/rcp/resilienrflorida-program./documents/resilient-llorida-program-gis-data-
standards). and raw dota sources shall bc deftned within the associated metadata
Attachment 6-,4.
Page I of3Rev.9.9.2rl
Prosram Deliverable Acceptance and Disclaimer. The Department's acceptance ofany specilic pr<rject's task
delivcrables requircd by fiat project's Resilient Florida Program Brant agreemcnt. does not guarantee the
Depanment's acceptance of the same or srmilar task delir erables. as required by a diflerent Resilient Florida
Program grant agrccment, nonr'ithstanding thc Grantee(s) and or project(s) at issue bcing thc same or simrlar.
The Department will revieu and accept all deliverables individually. punuanr to the terms and conditions of
cach grant agrccmcnt for which thcy arc submitted, including Attachment 3. Grant Work Plan. The
Dcpartmcnl's acccptance ola spccific deliverable does not constitutc thc Departmcnl's confirmation that the
conclusions or statcments madc rvithin said dclilerablc arc truthful or accuratc. including. but not limted to.
clainrs of scientillc \,aliditv and fie cenilication of enginccring practiccs. [fa dispute arises b!-t$'een the
Dcpartmcnt and Grantec regarding thc veracity ofa specific deliverablc's content, thc Dcpartment may requcst
that thc Grantec provide additional documcntation (e.g.. a certifica(bn statement signcd and scalcd by a
liccnsed Professional Enginccr), t'erifyin8 that the conclusions or statemcnts at issuc arc true and corrcct to the
bcst of the Grantce's knowlcdgc. prior to thc Departmenl's acceplancc of said delilcrable.
10. Sunshine Lau,Compliancc. As pcr Paragraph 23 to Attachmcnt l, Standard Terms and Conditions, thc Grantee
is solcly responsiblc for ensuring that its actions (and thosc of its agents) under the Agreement arc made in
compliance uith Scction 286.011. Florida Statutes Florida's Govemmcnt in thc Sunshine Lau'-rvhere
applicable.
Implementation Grants
I L Sea Ler el Impact Proiection Studr Requirement. If a state-f'unded construction project is located $ ithin an
arca \, here a Sca Lerel Impact Protection {SLIP) stutly is rcquired pursuant to Scction 380.0917. Florida
Statutcs, the Granlcc is responsiblc for conducting such a SLIP study and submitting thc rcsulting reporl to the
Department. The SLIP study report must be received by the Department. approved by the Department. and
published on thc l)cpartment's wcbsite for at lcast thirt) (301 days belorc construction can commencc. Upon
submission to the Department. SLIP study reports must meet all relevant statutory requiremelts. as uell as
thc standards and critcria indicatcd in Chaptcr 62S-7. Florida Adminisrratire Code.
12. Permits. Thc Grantee acknowlcdges that rcccipt of this grant does not imply nor guarantcc that a tcderal.
statc. or local permit rrill be issucd for a particular activir),". The Grantec agrees to ensurc that all ncccssary
permits are obtain!-d prior to implcmentation of any grant-limded activity that may fall under applicable
federal. state, or local laws. Furth€r, the Crantee shall abide by all terms and conditions ofeach applicable
pcrmit fbr any granrfunded activity. Upon requcst, the Grantcc must providc a copy ofall required, acquired,
and approved permits for the project.
13. Grant funds may notbe uscd to support ongoing efforts to comply with ccrtain legal rcquirements or actions
that were unanticipated, non-existellt, or unknown to the Department at the time of this Agreement's
execution. including regulatory and permit compliance requirements, non-compliance and citation t'ees. f'ees
resulting &om unanticipated pcrmit conditions. seftlemcnt agreements. and compliance with lbrmal or
informal enforccment actions to resolve violations ofapplicable rules and statutes (including consent ordcrs.
Closcd Without Olficial Enfbrcement agreements, etrrd similar enforcemcnt actions). Grant funds may be
utilizcd to support ongoing effbns to comply with permit-rcquircd conditions, as approvcd by the Rcsilient
Ilorida Program (c.g.. pre-, during-. and post-construction monitoring and mitigation elTorts).
Grants Funded lrith American Rescue Plan Act (ARPA) !'unds
1,1. Match Expenditure Monitoring. For any match-funded delir erable(s) identified in A[achment ]. (irant \\'ork
Plan, not acceptcd by rhe Department by thc Date of Expiration listed in Scction 3 to thc Standard Grant
Agreement (as modified by any properly executed amendment(s). as applicable), the Grantee must submit
Exhibit M. Match Expenditure Monitoring Form. to the Dcpartment prior to ARPA-t'unded grant closcout to
idcntify all remaining delivcrable(s) uhich arc to be complctcd solely using Grantcc match funding. failure
I
Re!. 9.9.2.1
Attachment 6-A
Page 2 of3
ro submit Exhibit M and all remaining Project delirerables to the Depa.rtment. as well as meet the Match
Requircments idcntified in Scction 7 to Aftachmcnt 2, may hinder thc Grantee's chances ofrccciving futurc
grant awards from thc Resilicnt Florida Program.
Attachment 6-\
Page 3 of 3Rer. 9 9.2.1
ATTACHMENT 8-A
Revised Contract Provisions for Coronavirus State and Local Fiscal
Recoven' Funds (SLFRF) Agreements
The Department. as a Non-Federal Entiq as defined by 2 CFR 1100.69. shall compll' with the lbltowing
provisions, whcrc applicablc. For purposes of this Grant Agreemcnt between thc Departmcnt and thc Grantcc.
the tcrm ''R!-cipient" shall mean "Grantee."
Funher. thc Dcpartment. as a pass-through entiry. also rcquires the Grantee to pass on thcsc requiremcnts to all
Iowcr tier subrccipients/'contractors, and to comply with thc provisions ofthc award, thc SLFRI implementing
rcgulation. including applicable provisions ofthc OMts Uniform Guidance (2 CFR Part 200). and all associatcd
terms and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub-
au'ards. Grantees can include these requirements by incorporating this Attachment in fte relaled subcontract
and,ior sub-awards, hou'cvcr for all such subcontacts and sub-a'wards, thc Grantec shall assumc thc role of thc
Non-Federal Entitv and the subrecipients shall assume the role ofthe Recipient.
2 CtR P.\RT 200..\PPE\DIX 2 REOI-iIRE}IENTS
L Administrative. Contractual. and Lcgal Remcdics
Thc tbllowing provision is requircd ifthe Agreemcnt is for more than $150.000. ln addition to any ofthe remedics
described elseuhere in the Agreement. ifthe Recipient materially f'ails to comply with the terms and conditions
ofthis Contract. including any Federal or State statutes. rulcs. or regulations. applicable to this Contract, the Non-
Fedcral Entity may takc one or morc ofthe following actions.A. Tcmporarily withhold payments pcnding conection ofrhe deficiency by rhc Recipient.B. Disallow (that is. deny both use of funds and anv applicable matching credit fbr) all or part of the
cost ofthe activiry or action not in compliance.C. Wholly or partly suspcnd or terminate this Contract.D. Take othcr remedies that may be lcgally available.
The remedies identifiedabove. do notpreclude the Recipient from being subject ro debarment and suspension under
Presidential Exccutive Ordcrs 12549and 12689. The Non-Federal entity shall have thc right to demand a refund,
eithcr in wholc or part. olthc funds provided to thc Rccipicnt lor noncompliance with thc tcrms ofthis Agrcement.2. Temrination for Cause and Convenicnce
Temrination for Cause and Convenicnce are addressed clscu,here in thc Agreement.
-'1. Equal Opportunity Clause
Thc fbllowing provision applies ifthc agrcement meets thc dchnition of"federally assisted construcljon conrract"
as dcfined by "ll CFR Pan 60-1.3:
During the pertbrmance oithis Agreement, the Recipienr agrees as follows:A. The Recipient will not discriminate against afly employee or applicant for employment because of
racc. color. religion. scx. sexual orientation. gender identity. or national origin. The Recipient will
takc affirmative action to ensure that applicants are employed. and that employees are treatcd durinc
employrnent \aithout regard to their race. color, religion, sex, sexual arientation, gender identity, or
national origin. Such action shall include, but not be limitcd ro thc following:i. Employmcnt. upgrading. demotion. or transferi recruitment or rccruitment advenising;
layerffor termination: ratcs ofpay or other forms ofcompcnsation; and selection for training.
including apprcnticeship. The Recipicnt agrees to post in conspicuous placcs, availablc to
employees and applicants for employment, notices to be provided setting fonh the provisions
of this nondiscrimination clausc.B. Thc Recipient will, in all solicitations or advertisements lbr employccs placcd by or on behal f of the
Rccipient, state that all qualified applicants will receive considcration for employment withour rcgard
to race. color. religion. sex- sexual orientation. gender identiry, or national origin.C. The Recipient rvill not dischargc or in any other manner discriminatc against any
employcc or applicant for employment because such cmployee or applicant has inquircd about.
discusscd, or disclosed the compensarion of the employee or applicant or another cmployee or
applicant- This provision shall not apply to instances in which an enrployee u ho has access
to the compcnsation intbrmation of other cmployees or applicants as a pan of such cmplo_,-ec's
Attachment 8-A
I of6
Re\ 6l":ll:l
essential job functions discloses the compcnsation of such other employees or applicants to
individuals *ho do not othen ise have acccss to such information. unlcss such disclosurc is in
response to a formal complaint or chargc, in furtherancc of an invcstigation, proceeding. hcaring, or
action. including an in\estigation conducted by the emplo;-er, or is consistent u'ith the Rccipient's
lcgal dut) to fumish information-
D. The Rccipient will send to each labor union or reprcsentative of workers with which hc has a
collective bargaining agrccment or other Agreement or understanding, a noticc to be provided
advising the said labor union or u orkers' representatives ofthe Recipient's commitments under this
section. and shall post copies of the notice in conspicuous placcs available to employecs
and applicants lbr employmcnt.E. The Recipient *ill comply with all provisions ofExecutirc Ordcr 11246 of Septembcr 2'+, l965.and
ofthe rules, regulations, and relevant orders ofthe Secretary ofLabor.
F. The Recipient rvill fumish all infbrmation and reports required by Executivc Order 11246 of
Septembcr 24. 1965. and by rules. regulations. and ordcrs of thc Secretary of Labor. or pursuant
thereto. and will permit access to his books, re'cords, and accounts by the administcring agency and
the Secretary ol Labor tbr purposes of investigation to ascertain compliance with such rules,
regulations. and orders.
G. ln the cvent of the Recipicnt's noncompliance with thc oondiscrimination clauses of this Agrcement
or with any ofthc said rules, rcgulations, or ordcrs, this Agreement may bc canceled, terminatcd, or
suspended in *'hole or in pan and the Recipient may be declared ineligible for funher Govemment
contracts or fcdcrally assisted construction contracts in accordance q'ith procedures authoriTed in
Executive Ordcr 11246 of September 24, 1965, and such othcr sanctiols may bc imposcd and
remedics invoked as provided in Executivc Order 11246 of Scptcmber 24' 1965, or by rulc,
regulation, or order ofthe Secretary ofLabor. or as other*ise provided by law.
H. The Recipient will include the portion ofthe sentence immediatell' preceding paragraph (l ) and the
provisions ofparagraphs ( I ) through (8) in avcry subcontract or purchase order unlcss exempted by
rules. rcgulations. or ordcrs of thc Secretary of Labor issued pursuant to section 2(N of Executivc
order I 1246 of September 2-1. 1965, so rhat such provisions will be binding upon each subcontractor
or vendor. The Recipient will take such action with respect to any subcontractor purchase order as
the administering agelcy may dircct as a means ofenforcing such provisions, including sanctions for
noncompliance..1. Contract Work Hours and Safctv S dirrds Act
5 Rirhts to Inventions Madc I Indcr Aprccnlcnt
lfthe Fcderal a* ard meets thc definition of ''funding aSreement" under 37 CFR $401.2 (a) and th!'Non-Fcdcral
awarding agency.
6. Clean air Acr r42 U.S. C. 14ot-767r o )- the Federal Watcr Polluti on ('ontol Act (33 U s c t25l-
Where applicable. if the Agreement is in excess of $100,000 and involves the employment of mechanics or
laborers. t-hc Recipicnt must comply with .10 U.S.C. 3702 and 3704. as supplcmented by Department of Labor
rcgulations (29 cFR Part 5). Under 40 U.S.C. 3702 ofthe Act. each Recipient must bc required to compute the
wages of cvcry mcchanic and laborer on the basis of a standard work week of .10 hours. Work in excess of the
staidard u.ork rveek is permissible provided that the $'orker is compensated at a rate of not less than one and a
hall'timcs rhc basic rate ofpay tbr all hours *orkcd in exccss oi40 hours in th!'$ork wcck. Thc requirements of
40 U.S.C. 3704 arc applicablc to construction work and provide that no laborcr or mechanic must be requircd to
u.ork in sunoundings or under working conditions uhich are unsanitary, hazardous. or dangerous. These
rcquiremenrs do not apply to rhe purchases of supplies or materials or articlcs ordinarily availablc on thc open
markct, or contacts lor transportation or transmission of intelligencq.
Entity or subrecipient u ishes lo enter into a contract xith a small business firm or nonprofit organization
rcgarding thc substitution of parties, assignment or performance of cxperimental. developmental. or rcscarch
*ork undcr that ''funding agrcement. thc Non-Fcderal Entity or subrccipient must comply with thc requircments
ofi7CFRparr.101,'RighritulnventionsMadcbyNonprofitOrganizationsandSmall Business Firms Under
Govemment Grants. Contracts and Cooperative Agreements," and any implementing regulations issued by lhe
1387). and F:PA Rcgulations
If thc Agrcement is in excess of$100.000. the Recipient shall comply with all applicable standards. orders or
regulations issued pursuanr to rhe clean Air Act (42 u.s.c. 7401-7671q) and the Federal wate! Pollution
Control
Rrt t l- ltill
Attachment 8-,{
2 oi6
,\D\II\ ISl'R{TIv
cneral Fedcral Re
Rcc ipicnts shall conrply with ttrc rcgulations liste d in 2 CFR 200, ,+8 C FR 3 I , and .10 U. S.C. ll0l aseq2. Rilhts to P ts and InventioDs Made Ljnder a Contract or Agreement
.1. ( ornoliancc ri ith thc Irailickins Victims Protection Act of2000 (2 CFR Part 175)
Recipients. their emplovees, subrecipients under this award. and subrecipients, employees may not:A. Engage in sevcre forms of tratficking in pcrsons during the pcriod of rime thar the award is in ef'fect;B. Procurc a commercial sex act during thc period of time thal the award is in et}'ect; orC. Usc forccd labor in the pertbrmancc of the award or subawards under thc a*.ard.-1. WhistleblouerProtccrion
Recipients shall comply wirh u.s.c. $4712. Enhancement of Recipient and subrecipient Employee
Whistleblowcr Protection. This requircmcnt applies to all awards issued aftcr July 1.2013 and eflcctive
Dccember I .1. 201 6 has been permanently extended (Publ ic La* (P. L. ) I 11-26 I ).
Rights to inventions made under this assistance agreement are subjecr to federal patent and licensing regulations
which are codified ar Title 37 CFRPan 401 and Title 35 U.S.C. 200 through 212.
R.\ 6 li :0:.r
,\ttlchmcirt ll ,{
I()1 h
Act as amended (33 U.S.C. l25l- 1387). and by thc EPA (40 CFR Pan l5). violations must be reportcd to thc
Fcrleral Awarding Agcncy and the Regional Office ofthe Environmental Protection Agency (EPA).i. Thc Grantee shall includc these requircments tbr the Clcan Air Act and thc Fedeml Water Pollution
Act in each subcontract exceeding $ 100.000 finaaced in u'hole or in part with SLFRF firnds.7. Debarment and Susoension (Executive Orders 125.19 and 126119)
The Rccipient certities that it is not listed on thc govcmmentwide cxclusions in the Systcm for Award
Managemcnt (SAM). in accordance with rhe OMB guidclines at 2 CFR 180 and 2 CF 1200 that implcment
Executilc Orders 125.19 (3 CIFR part 1986 Comp., p. lll9) and 12689 (3 CFR pan 1989 Comp., p. 235),
''Debarment and Suspension."8. Bvrd Anti-Lobbvinq Amcndmcnt (31 U.S.C. 1352)
The Rccipient cenifics that it will not and has not used Federal appropriatcd funds to pay anv person or
organization for inlluencing or attempting to influencc an officer or employce of any agency, a membcr of
Congress. officer or employee ofCongress, or an employee ofa member ofCongress in connection with obtaining
anl Federal contract. grant or an!./ othcr a\r'ard covered by 3l U.S.C. 1352. lf applicable. thc Recipienr shall
disclose anv lobbying uith non-Federal funds fiat takes place in connection with obtaining anl' Federal auard.
using form SF-LLL. available at:
hltps: appl\0r.erants.eo\ anpl\ forms sample SFLLL I :_P-Vl.:.pdLi. Grantees uho apply or bid for an award of$100,000 or more shall file the required cenification.
Each ticr certifies to the tier above that it will not and has not uscd federal appropriatcd funds to pay
any person or organization for influencing or attempting to influence an ofllcer or emplovec ofanv
agency. a membcr of Congress, officer or employee of Congrcss. or an employec of a membcr of
Congress in connection with obtaining any federal contlact, gmnt, or any other award covered by
3l U.S.C. $ 1352. Each ticr shall also disclosc any lobbying with noo-l'ederal tunds that takes place
in conncction with obtaining any fedcral award. Such disclosures are forwarded from tier to ticr. up
to the rccipient.9. Procurement of Recoyered Materials
The Recipient must comply with Section 6002 of the Solid Wasre Disposal Act. as amended bv the Resource(-onservation and Rccovery Act as described in 2 CFR pan 200.322.
10. Prohibition on Cenain Telecommunications and Vidco Surveillance Scrviccs or F,quiomcnt
Thc Rccipients and subrecipients arc prohibited from obligating or cxpending loan or grant funds to procurc or
obtain; extend or renew a conlract to procure or obtain; or enter into a contract (or extend or renen a contract) to
procure or obtain equipment. scn ices, or svstems that uses covered tclccommunications equipmcnt or scrvices
as a substantial or csscntial component of any system. or as critical tcchnology as partof any systcm. See Scction
8li9 of Public La\r ll5-232 (National Defense Authorization Act20l9). Also, see 2 CFR200.216 and200.17l.
I 1. Domestic Prel'erences tbr Procurement
The Recipients and subrecipicnts must. to the greatcst extcnt practical, give prct'erence to the purchasc.
acquisition. or use ofgoods. products, or materials produced in the United States in accordance with 2 CFR
200.322.
A. This award, related subawards. and related contacts over thc simplified acquisition thrcshold and all
cmployccs raorking on this a.,l ard. relate'd subauards, and rclated contracts over thc simplificd
acquisition threshold are sub.ject to the whistleblot\er rights and rcmcdies in thc pilot program on award
recipient employee whistleblo*'er protections established at .ll U.S.C. ,1712 by section 828 of the
National Dclense Authorization Act lor Fiscal Year 2013 (P.L. I l2-239).
B. Recipients. their subrccipients, and their contractors awarded contracts over thc simplified acquisition
threshold related to this au'ard. shall inform their emplol'ees in writing- in the predominant language of
the workforce, of the employee whistleblowcr rights and protections under 4 I U.S.C. 471 2.
C. The Recipicnt shall insert this clause, including this paragraph C, in all subawards and in contracts ovcr
the simplified acquisition threshold related to this award: best efibrts should b€ madc lo include this
clause. including this paragraph C in any subauards and contracts awarded prior to the etfective date of
this provision.
5. Notification ofTerminaliqn (2 CFR d 200.340)
In accordance with 2 CFR:r 200.340. in thc cvcnt that the Agrccmcnt is terminated prior to the end ofthc period
ofpertbrmance duc to the Rccipicnt's or subcontractor's material failure to comply uith Fcderal sututes,
reguiations or the terms and conditions ofthis Agreement or the Federal award, the termination shall be reported to
rhe Officc ofManagement and Budget (OMB)-designatcd integrity and pertbrmance systcm, acccssible through
Syslem lirr Arvard Management (SAM) curently the Fcdcral Awardee Performancc and Integnty Information
System (FAPIIS). The Non-Fcderal Entit), will notiry thc Recipicnt ofthe tcrmination and the Fedcral
requirement to repon rhe rerminarion in FAPIIS. See 2 CFR $ 200.340 for rhe requirements of the notice and the
Recipicnt's rights upon tcrmination and lollowing tcrmination.
6. Additional Lob o Rco cntsnulrenl
A. The Recipient certifics that no funds providcd undcr this Agreemcnt have bcen used or will be used to
engage in the lobbying of thc Federal Govcmmcnt or in litigation against thc Unitcd States unlcss
authorized under existing 1aw.
B. The Lobbying Disclosure Act ol-1995, as amended (2 U.S.C. $l6l)l ct seq ). prohibits any organization
describcd in Section 501(c)(il) of the lntemal Rerenuc Code. from receiving t-edcral funds through an
award. grant (andior subgrant) or loan unless such organization *arrants that it does not. and u'ill not
engage in Iobbying aclivities prohibited by the Act as a special condition ofsuch an a$ard. grant (and/or
subgrant). or loan. This restriction does not apply to loans madc puruant to approl'ed rcvolving loan
programs or to contracts arardcd using proper procurcmcnt procedurcs.
Cl. Pursuant lo 2 CFR $100.'150 and 2 CFR $200.'154(e). the Recipient is hereby prohibited from using funds
providcd by this Agreement for membership dues to any entily or organization engaged in lobbying
activities.
Incrcasing Seat Bc'lr Use in rhe Unitcd Sutcs1
Pursuant to Executive Order 130,13,62 FR t9217 (Apr. 18. t997). Crantee is encouraged to adopl and
enforcc on-thc-job seat belt policies and programs lbr its cmployccs when operating company-owncd,
rcntcd or personally owned vehicles-
8. Reducins Te\t Messasinc Whilc Drivine
Pu$uant to Executive Order 13513.7.1 FR 51225 (Oct. 6,2009), Crantee is encouraged to adopt and entbrce
policies that ban text messaging while driving and establish workplace safety policies to decrease accidents
caused by distracted drivers.
I I hiform Relocation Assistance and Real ProDero' Acquisitions Act of 1970
Where applicable. -12 U.S.C. $l 4601-4655 and implementing regulations apply to this Agreement
COMPLIANCtr WITH ASSURANCES
l. Assurances
RccipiL'nts shall comply *.ith all applicable' assuranccs made by the Depanmcnt or the Rccipienr to thc Fedcral
Cor cmmcnt dur|ng the Grant application process.
FEDERAL REPORTING REOUIREMENTS
I, FFATA
Grant Recipients awarded a new Federal grant greater than or equal to 530,000 awarded on or after October I
2015. are subject to the I-F'ATA the Federal Funding Accountability and Transparency Act ("FFATA") of2006
The FFATA legislation requires that information on federal awards (federal financial assistance and
expenditures) be made available to the public via a singlc, searchable website. which is www.USASpending.goy
Attachment 8-A
4 of6
Re! 5'2?r2024
Thc Grantee agrces to provide the information necessary, t! ithin one (l ) month ofexecution, lbr the Department
to comply with this requircment-
DEPART}IENT OF TRE.{SURY-SPECIFI('
rl hts lianc
Rccipients of l'cderal financial assistancc from the Trcasury arc rcquired to meet legal requiremcnts relating to
nondiscrimination and nondiscriminatory use of Fedeml funds. Thosc requiremcnts include ensuring that entitics
receiving Federal financial assistance fiom the Treasury do not denv benefits or sen'ices or otherw,ise disc minate
on thc basis of race. color. national origin, (including limitcd English proficiencl'). disability. age. or scx (including
sexual orientation and gcnder identity), in accordanoe \r'ith thc following: Titlc- VI of Civil Rights Acts of 1973
(Scction 504), Public Lau 93-112, as amended by Public Law 93-516.29 U.S.C. 794; Title IX ofthe Education
Amendments of 1972 (Title IX).20 U.S.C. 161t1 et seq.. and the Department's implementing regulations,3l CFR
28: Agc'Discrimination Act of 1975. Public Larv 94-135.42 U.S.C.6l0l et scq.. and thc Departmcnt ofTreasun
implcmenting rcgulations at 3l CFR part 23.
The Dcpartmcnt of Treasury \r.ill rcquest information on rccipients' compliancc rrith Titlc VI of the Civil Rights
Act of 1964. as applicablc. on an annual basis. This information may include a narrative dcscripting thc rccipient s
compliance with Title Vt. along with other questions and assumnces.
SLTIIF-SPE('I FI C
I Periorl of nl1irDCe
The Department must obligate all t'unds from SLFRI by December 31, 2024. and all such obligared tunds must
be cxpended by Dcccmbcr 31. 2026. As such. the Contractor must submit all invoices by Scptembcr 30. 2026.
unlcss approvcd in witing by rhc Dcpanment.
2. Eouioment and Real Dertv Mana!rement
Any purchase of equipment or real property with SLFRF funds must be consistent with the Uniform Guidance
at 2 CFR Pan 200. Subpan D. Equipment and real propeny acquircd under this program must be used for rhc
originaliv authorized purposc. Consistent with 2 CFR 200.lll and 2 CFR 200.11j. any cquipmcnt or rcal
propeny acquired using SLFRF t'unds shall vest in the non-Federal entity. Any acquisition and maintenance of
equipment or rcal propcrty must also be in compliancc with relevant la\!s and regulations.
SLFI{F If-FR,\STRUCTL RE PROJECTS
For all infiastruchue projects, the Grantee shall provide thc following prqect information on a quanerly basis
to the Depanment:
i. Projected,actual construction start date (month/year)
ii. Projected./actual initiation of operation date (month/year)
iii. Location details
SI-FRF I\FR.\STRLCTI'RE P oJECTS OvER $10 \IILLIO\
For infrastructure projects over Sl0 million, the following provisions apply:l. Wage Certification
Grantces may provide a ccrtification that all laborers and mechanics employed by Grantcc in the pcrlbrmancc
ofsuch project are paid wages at the rates not lcss than those prevailing, as derermined by the
U-S Secretary of Labor in accordance rlith the Davis-Bacon Act, for the corresponding classes of laborers and
mcchanics employed proJccted of a charactcr similar to thc cotrtract work in the civil subdivision of Florida in
which the r,rork is to be pcrformcd. lfthe Grantee does not provide such certification. thc Grantee must providc
a projcct employmcnt and local impact repon dcEiling:i. The number ofemployees ofcontractors and sub-contractors working on the project;ii. Thc number ofemployees on thc projcct hired dircctly and hired through a third partv:iii. The r.r ages and benefits ofu.orkers on the project by classification; andiv. Whethcr those wagcs are at rates less than thosc prevailing.
Grantee must maintain sufficient records to substantiate this information upon request.2. Proiect Labor Agreemenls
Grantees may provide a certification that the project includes a project labor agreement, meaning a pre-hirc
Attachment 8-A
Re\- 627 2024 5 0f6
collective bargaining agrecmcnt consistent with thc scction 8(0 ofthe National Labor Relations Act (29
U.S.C. 158(0). [f the Crantee docs not provide such certification, the Grantec must providc a project
workforce continuity plan, detailing:i. Ilox the Grantee will ensue the project has ready access to a sufficient supply of
appropriately skillcd and unskilled labor to ensure high-quality constmction throughout thc
tife of the project;
ii. How the Grantee will minimizc risks of labor disputes and disruptions that would
jeopardize timeliness and cost-effectiveness of the project;
iii. Hou' the Grantee rvill provide a safe and healthy workplace that avoids delays and costs
associatedwith \iorkplace illnesses. injuries. and latalities:iv. Whcthcr workers on the project will receive *ages and bencfrts that will securc and
appropriately skilled workforce in the context ofthe Iocal or regional labor market; and
v. Whether the project has completed a labor agreement.
I. Olhe r Rcpo Rceuirenrcnts
Granrees must report whcthcr thc project prioritizes local hires and whether the projcct has Community
Bcrcfit Agrcement, with a description ofany such agreement, ifapplicable.
SLFRF WATER & SEWER PROJECTS
For water and se\r' proJects, Grantees shall provide the following information to the Depanment once the project
starts. as appliable:
i. National Pollutant Discharge Elimination System (NPDES) Permit Numbcr. for projects aligned
$ ith the Clean water State Rcvolving Fund
ii. Public Water Systcm (PWS) ID number. lor projccts aligned with the Drinking Water State
Rcvolving Fund.
Itc\ 6 'i :r):l
Attachmetrt 8-A
6 of6
STATE OT F'LORIDA
DEP.\RI'\IE\T oF E\\'I Ro\NIE\T.\t, PROTECTIO\
RESILIE\I' T-LORID.\ (;R\\'I' PROGR,.\}I
EXH I BI't A-l
I{E\-ISED PROGRESS REPoRT FORNT
The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be
tbund on the Department's website at the link below. Each progress report must be submitted on the cunent
form. Thc Department will notity grantecs of any substantial changes to Exhibit A that occur during the
-erant agreement period-
https://fl oridadep. gov/Resilicnt-Florida-Prosram/Grants
Re\. ? I l0l.+
Exhibit A-1. Page I ol I
STATE OF FLORIDA
DEPARTNIEN'I' OF ENVI RONMENTAL PROTECTION
RESILIENT FLORIDA CRANT PROGRA.M
RE\'ISED CONTRACTUAL SERVICES CERTIFICATION
Exhibit H-l
Required.for all grant agreements that include Contractual Services as an expendilure category
DEP Agreement Number' 23FRP30
project Title: Dania Beach Lift Station 4 Mitigation
Grantee: City of Dania Beach
Subcontractor
Note: Submit separate Exhihit H Cefi$cation.for eaL'h additiohdl suh(ontra(tor
Prior to making a request for payment of contractual sen'ices, the Grantee must provide the
following to the Department Grant Manager then responsible for the Grantee's Resilient Florida
Grant Program grant agrcement:
1. Documentation ofthe Grantee's procurement process, as consistent with Attachment l,
Paragraph 9(c) and Attachmcnt 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) selected Io perform certain task(s) under the Grantee's rclevant grant
agreement;
4. A copy of the Grantee's executed subcontract agreement, as required by Attachment 2,
Paragraphll;and
5. This Exhibit H, signed and dated by thc Grantce's own (non-Departmcntal) granr
manager.
By signing belou,. I ccrtify that, on behalf of the Grantce, I have providcd all the information
required by items l. through 4. of this exhibit, as stated above, to the Department Grant Manager
currently responsible fbr 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-
Depanmental policies and procedures for subcontractors.
Grantcc's Grant Manager Signarurc
Print Namc
Datc
Rc\ ,18:02.1
STATE OF FLORIDA
DEPARTM ENT OF ENVIONMENTAL PROTECTION
MATCH EXPENDITURE MONITORING FORM
RESILIENT FLORIDA PROGRAM
Exhibit M
Only applicable lbr grant agreements funded by the American Rescue Plan Act (ARPA) funds
DEP Agreement Number: 23FRP30
Project Title:Dania Beach Lift Station 4 Mitigation
Grantee: City of Dania Beach
If the ARPA-funded portion of the above-identified grant is completed or the Grantee has receir.ed the
llnal reimbursement ol ARPA t'unds available in the Agreement, and the Project is not completed bv the
Date of Expiration listed in Section 3 to the Standard Grant Agreement (as modified by any properll.
executed amendment(s). as applicable), then this Exhibit will apply, as per Paragraph l,+ to Attachment 6.
Program-Specific Requirements. The Grantee will complete and submil thisExhibit to ResilicntFloridr(irantsiilltrridaDEP.sc'r'either prior to or u.ith the final Exhibit C. Payment
Request. This Exhibit must be submitted to the Department in order to formally close out the grantin the Florida Accountability Contract Tracking System (FACTS) and to identify all remaining
deliverablels) which are to be completed solely using the Grantee's match funding.
The Department u ill conduct monitoring of the Project, *'hich vvill extend bevond the Agreement's Date
of Expiration, in order for the Cmntee to submit all remaining Project deliverables and meet the Match
Requirements establishcd in Scction 7 to Attachment 2, Special Terms and Conditions. Monitoring will
bc concluded once all remaining Project delilerables required by this Exhibit havc been receivcd and
accepted in writing by the Depanment. The remaining match-tunded Project deliverables, as identified
belou'. will be submitted after the Task Due Date listed in the Project Timeline and Budget Detail table.
The Grantee u'ill assist the Department in completing the Project's match-funded monitoring activities
by submitting the lbllorving to the Department:
I . An Exhibit A. Progress Report Form. submitted no later than twenty (20) calendar days following
the completion ofeach quarter. as identified here: Quarter 1: Jul Sep: Quarter 2: Oct Dec:
Quarter 3: Jan - Mar: and Quaner .1: Apr - Jun: until the Project is completed. and monitoring is
no longcr rcquired.2. An Exhibit C, Match Detail Form, and all supporting fiscal documentation, submitted no latcr than
twenty (20) calendar days following the completion ofcach quarlcr. as identificd above: until the
Project is complctcd, and monitoring is no longcr rcquired.3. Notice ol'tjnal Project complction, including thc date ofcompletion. submitted to the Department
no later than thirty (30) days ibllowing the completion datc ofthe Project.:1. Full submission of rcmaining match-funded deliverablcs lbr all Project tasks. as listed in rhc table
below (usc additional pages. if nccdcd).
Rer. 9.9.2-1
Exhibit M
I of 2
Task
Number
Drliverablc
Number Deliverable Description
Failurc to submit this Exhibit and all rcmaining Prtlcct deliverables to thc Dcpartment, as wcll as mcct thc
Match Requircmcnts identificd in Section 7 to Attachmcnt 2, may hinder the Grantcc's chanccs ofreceiving
luture grant awards from the Rcsilicnt Florida Program.
Certifrcation: Bl signing below, I certity that, on behalt'olthe Grantee listed above. the remaining match-
funded delivcrable(s) along with all relatcd monitoring activitics will be providcd to thc Dcpartment as
described in this Exhibit.
Grantee Grant Manager Name
Grantee Grant Manager Signarure Date
R* . 9.9.2.1
Exhibit M
2 of2