HomeMy WebLinkAboutR-2024-165 FDEP Amendment no. 1 to Grant for SW 54 Court Stormwater ProjectRESOLUTION *O. ""-J!f,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA. AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY
OF DANIA BEACH AND THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FOR THE SW 54TH COURT
STORMWATER IMPROVEMENT PROJECT; PROVIDING FOR CONFLICTS:
FIJRTHER. PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 21, 2022, the City Commission approved Resolution 2022'171
authorizing the City to enter into an agreement with the Florida Department of Environmental
Protection (FDEP) for grant funds in the amount of $350,000 for the SW 54th Court Stormwater
lmprovement Project (Project): and
WHEREAS, on March 30. 2023, FDEP executed the Standard Grant Agreement 22FRP23
for the SW 54& Court Stormwater Improvement Project: and
WHEREAS, the FDEP has requested Amendment No. I to update to Attachments l. 2' 3'
5. 6. and 8. Exhibit A. F. and Exhibit H. FDEP has requested to add Exhibit J. Amendment No. 1
is made a part ofand incorporated into this Resolution by Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section l. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part oland 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 FDEP for the SW
54s Court Stormwater lmprovement 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are repealed to the extent of such conflict.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 l0 days after passage.
PASSED AND ADOPTED on
Motion by'
FINAL VOTE ON ADOPTION:
Commissioner Lori Lewellen
Commissioner Luis Rimoli
Commissioner Archibald J. Ryan
Vice Mayor Marco Salvino
Mayor Joyce L. Davis
201.1.
second by Canm A;mol;
ur^i^ou, -y/
Yes No
IV
ATTES
ELORA
CITY CLERK
APPROVED S TO FORM AND CORRECTNESS
I;UTSIS.
ATTORNEY
C .I t..DA
)RES.LUTT.N #20 24-I!5
n------
AMENDNIENT NO. I
TO AGRIEMENT NO. 22FRP23
BET\l EEN
FLORID-A DEPARTMENT OF ENVIRON!IENTAL PROTECTION
AND
CITY OI' DANIA BEACH
This Amendment to Agrcement No- 22FRP23 (Ageemcnt) is made by and bctwcen the Department ofEnvironmental
Protection (Department). an agency ofthc State ofFlorida. and City ofDania Beach (Grantee). on the datc last signed
below.
WHEREAS, thc Depadment entered into the Ageemcnt with thc Grantee for SW 54d Court Stormwatcr Project
( Project). effectivc March 30. 2023:
WHEREAS, thc Departmcnt has requcstcd an update to the Prolcct Title shall hercinafter changc fiom, SW 54d Court
Stormwatcr Project" to "Dania Beach SW 54th Court Stormwatcr lmplovement" with regards lo any and all past,
cunent, and future Projcct documents and communications directly conceming Agreement Numbcr 22FRP23:
WHEREAS, the DEPARTMENT has requested an update to Attachment l, Attachment 2. Attachment 3, Attachment
5, Attachment 6, Attachment 8, Exhibit A, Exhibit F and Exhibit H following updates from the oflice ofthe General
Counsel:
WHEREAS, the Departmcnt has requested to add Exhibit J to the Agreement as set fonh hercin; and,
Dcpartme[t's Grrnt Nlanager
Name: Hanna Tillotson
Address: Resilient Florida Program
3900 Commonwcalth Blvd, MS#230
Tallahassee. Florida 12399
Phone: 850-2.15-7540
Email: Hanna.Tillotson@FloridaDEP.gov
Altachmcnt l. Standard Terms and Conditions, is hercby dcleted in its cntirety and rcplaccd with Atlachment
l-A. Revised Standard Terms and Conditions. All rei'erences in the Agreement to Attachmenl I shall
hcrcinal'tcr rcfcr to Attachment I -A. Rcviscd Standard Tcrms and Conditions.
Attachment 2. Special Terms and Conditions. is hereby deleted in its entirery and replaced with Attachment
2-A. Revised Special Terms and Conditions. All ret'crences in the Agreement to Attachment 2 shall
hereinafter rcfcr to Attachment 2-A, Reviscd Special Terms and Conditions.
Attachment 3. Grant Work Plan. is hereby deleted in its entirelv and replaced with Attachment 3-A, Revised
Grant Work Plan. as attached to this Amendmcnt and hereby incorporated into the Agreement. All references
in thc Agreemelt to Attachmcnt 3 shall hercinafter refer to Attachmcrlt 3-A, Revised Grant Work Plan.
Attachment 5, Special Audit Rcquirements, is hereby deleted in its entircty and replaced with Attachment 5-
A, Rer ised Special Audit Requirements. anached hereto and made a pan of the Agreement. All references
l
DEP Agreement No.22FRP2I. Amendnrent No. l. Page 1 of3
WHEREAS, other changes to the Agreemelt are ncccssary.
NOW THEREFORE. the Department and Grantee hereby agree as follows:
l. Section 6. ofthe Standard Grant Agreement is hereby revised to the following:
5
6
in the Agrccmcnt to Attachment 5, shall hereinafter rcfer to Attachment 5-A, Rcvised Special Audit
Requirements.
Attachment 6. Progam Specific RequAements is hereby deleted in its entirety and replaced with Attachment
GA. Revised Program Specific Requirements, attached hereto and made a part of the Agreement. All
ret'erences in the Agreement to Aftachment 6, shall hereinafter rel'er to Attachment 6-A, Revised Program
Spccific Requircments.
Attachment 8, Contract Provisions SLFRF is hereby deleted in its entircty and replaced with Attachment 8-
A. Rcvised Contract Provisions SLFRF, attached hereto and made a part ofthe Agreement. All refcrences in
thc Agreement to Attachment 8, shall hercinafter refcr to Attachmcnt 8-A, Reviscd Contract Provisions
SLFRF.
Exhibit A, Progress Repon Form. is hereby dclcted in its cntirety and replaced with Exhibit A-1. Rcviscd
Progrcss Repon Form, attachcd hereto and made a part of the Agrcement. All referenccs in the Agreement
to Exhibit A shall hereinafter refer to Exhibit A-1, Revised Progress Report Form.
Exhibit F, Final Project Repon. is hereby deleted in its entirery and replaced uith Exhibit F-1. Revised Final
ProJect Report, attached hercto and made a pan ofthe Agreement. All refcrences in the Agreement to Exhibit
F. shall hereinat'tcr refer to Exhibit F-t, Rcvised Final Projcct Rcpon.
Exhibit H. Contractual Serviccs Certification, is hereby deleted in its cntirety and replaccd with Exhibit H-1.
Rcvised Contractual Sert'ices Ccrtification, attached hereto and made a part ofthe Agrccmcnt. All relercncesin the Agreemcnt to Exhibit H shall hereinafter rctbr to Exlfbit H-1, Reviscd Contractual Sen,ices
Ccrtification.
All other terms and conditions ofthe Agrccment remain in effect. Ifand to the extent rhat any inconsistcncy
mal' appear betrveen the Agreement and this Amendment. the prol isions of this Amendment shall control.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
s
l0
DEP Agreement No. 22FRP23. Amendment No. l, Page 2 of3
'7.
The partics agree to thc tcrms and conditions ofthis Amendmcnt and have dulv authorized their rcspcctive
represcntativcs to sign it on the dates indiqatcd bclow.
CITY OF DANIA BEA('II FLORIDA DEPARTMENT OF
EN VIRONMENTAL PROTECTION
Br:By
Authorized Sisnaturc Secrctan or Desisnee
Ana \1. Carc
Print Namc and Title
Dalc
ICMA ci Mana Alcx Reed. Dircctor ofthc Officc of Resilience and
Coastal Protection
Print Name and Titlc
Datc
List of attachments,exhibits included as pan ofthis Amendmcnt
Letter Numbcr DcscriptionSpccitv Tvpe
Attachment l-A Revised Srandard Terms and Conditions (l3 paqcs)
Attachmcnt 2-A Reviscd Special Terms and Conditions (3 pages)
Attachment 3-A Rcvisad Grant Work Plun (2 pages
Attachment 5-A R* iscd Special Audit Rcquirements (6 pagcs)
Attachmcnt 6-A Rer iscd Program Spccitic Rcquirement (2 pages)
Attachment 8-A Rcviscd Contract Provisions SLFRF (6 paqcs)
Exhibit A-l Revised Progress Repon Form ( I
Exhibit F-l Rer r.crl Final PrLr;ect Repon (2 pages)
Exhibit II-I Revised C ontracfual Services Certification (lrlase)
E\hibit J PUR 1808 Common ( arrier -A.ftestation (I Dage)
DEP Agreement No.22FRP23. Amendment No. l. Page 3 of3
STATE OF T-LORIDA
DEP-,\RTMENT OF E\\'IRON}IENT.{I PROTECTION
REVISED STANDARD TERNIS .{ND CO\DITIONS
.{PPI,ICABLE TO GRA\T AGREENIE\TS
,\TTACH}IT]\T I-A
Ro I 15 2023
-{ttachment 1-A
I ot l-l
l. Entire .A.greement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (A$cemcnt).
constitutes the entirc agreement between thc parties with respcct to the subjecl matter hereof and supersedes all prior
agrccmcnts, whether writtcn or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.2. GrantAdministration.
a. Order ofPrecedence. Ifthere are conflicting provisions among the documents that make up the Agreement, the
ordcr ofprecedcnce for interpretation ofthe Agreement is as follo*s:i. Standard Grant Agreemontii. Attachments other than Attachment l, in numerical order as designated in the Standard Crant
Agreementiii. Anachmcnt I, Standard Terms and Conditionsiv. Thc Exhibits in the ordcr dcsignated in the Standard Grant Agreementb. All approvals, uritten or verbal, and other $Titten communicatior among the parties, including all notices. shall
be obtained by or sent to the partics'Crant Managers. All written communication shall bc by electronic mail,
U.S. Mail, a courier dclivery service, or delivered in pcrson- Notices shall bc considcred delivcred when reflectcd
by an clectonic mail read receipt, a courier servicc dclivery receipt, other mail service delivcry receipt, or whcn
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
dclirered ar thc carlicst deli\ery rimc.
c. lfa different Grant Manager is designatcd by either pany after execution ofthis Agreement. notice ofrhe namc
and contact information ofthe neu Crant Manager uill be submifted in writing to the other parry and mainrained
in the respective partics' records. A change of Grant Manager does not require a formal amendment or changc
order to the Agrecmcnt.d. This Agrccmcnt may be amended, through a formal amendment or a change order, only by a wdtten agrccmcnt
between both parties. A formal amendment to this Agrcement is required fbr changes which cause any of the
following:
( I ) an increasc or dccrease in tle Agreement funding amount;
f2) a changc in Grant!'e's match requrrcmenrs:
(3) a change in the expiration date ofthe Agreement: and/or
(4) charges to thc cumulative amount of fimding transf'crs between approved budget categorics, as delincd in
Attachment 3, Grant Work Plan, that cxceeds or is expccted to excacd twenty percent (209i,) ofthe total budgct
as last approved b1' Department.
A change order to this Agreement may be used uhen:
( I ) task timelincs within the currenr authorized Agreemcnr period change;
(2) the cumulative transfer offunds bctwccn approvcd budget categories, as dcfined in Attachment l, Granl Work
Plan, are less than twenty percent (20'%) ofth€ total budget as last approved by Department;
(3) changing the current funding sourcc as stated in thc Standard Gmnt Agrccment; and/or
(4) fund transfers bctwccn budgct calcgories for the purposes ofmceting match requirements.
This Agreement may bc amended to provide for additional scn ices ifadditional funding is madc a\ ailable by thc
Legislahrre.e- All days in this Agreement are calendar days unless othcrwise specificd.3. Agreement Duration-
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Granree shall be eligible
for reimbursement for rvork performed on or after the date ofexecution through the expiration date ofthis Agreement.
unless otherwise specified in Anachment 2, Special Terms and Condirions- Houever, lvork perlbrmed prior to the
execution ofthis Agrecment may be reimbursable or used for match purposes if permitted by thc Spccial Terms and
Conditions.
4. Deliverables.
Thc Crantee agrees to rcnder the sen ices or other units ofdelivcrables as set fonh in Attachment -3. Granl Work Plan.
The sen'iccs or other units ofdeliverables shallbe delivercd in accordance $ith the schedule and at thc pricing outlined
in thc Grant Work Plan. Delivenbles may be comprised of activities that must bc completed prior to Departmcnt
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
lonh in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agrecment.
5. PerformanceNleasures.
The Grantee . arants that: ( l) the sen'iccs will be performed by qualified pcrsonnel; (2) the seniccs uill bc ofthc
kind and quality describcd ir the Grant Work Plan: (l) thc services will bc pcrlormed in a professional and
workmanlike manner in accordance with industry standards and practices: (4) th€ serviccs shall not and do not
knowingly infringe upon the intellectual property rights, or any othcr proprictary rights, ofany thid party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safefy requirements and processes,
ifprovidcd by Department, tbr work donc at the Project Location(s). The Dcpartment resen es the right to investigatc
or inspcct at any time to determine whcthcr the sen-ices or <lualilications ollcred by Grantee mcet the Agreemcnt
requircmcnts. Norwithstanding any provisions herein to the contrary, uritten acccptance of a panicular delirerablc
does not tbreclose Depanment's remedies in the event deficiencies in the deliverable cannot be readily measured at
the timc of delivery.6. Acceptance of Deliverables.a. Acceptance Proccss. All deliverables must be received and acceptcd in writing by Department's Grant Managcr
bctbre payment. Thc Crantee shall work diligently to correct all deficiencics in thc delivcrable that remain
outstanding. within a reasonable time at Grantee's expensc. [f Departmcnt's Glant Manager does not accept thc
deliverables within l0 days ofreceipt. they will be deemed rejected.
b. Rcicction ofDeliverables. The Depanment reserves the right to reject dcliverables, as outlincd in the Crant
Work Plan, as incomplcle, inadequate, or unacceptablc duc, in whole or in part, to Grantcc's lack ofsatisfactory
pcrformance undcr thc terms ofthis Agreement. The Grantec's effofts to correct the rejectcd deliverables ll'ill
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activiries in accordance with the Grant Work Plan will rcsult in rejection ol the deliverable and the associatcd
invoice. Payment tbr thc rejectcd dcliverable uill not be issued unless thc rcjected deliverablc is made
acceptable to Department in accordance *'ith the Agreement requirements. The Department, at its option, may
allow additional timc wirhin which Grantee may remedy the objections noted by Department. Thc Crantee's
lailure to mate adcquatc or acceptablc deliverables aftcr a reasonable opportunity to do so shall constitute an
cvcnt ofdefault.7. FinancialConsequencesforNotrperformance,a. \I'ithholdinq Pa\ment. In addition to the specihc consequences explained in the Grant Work Plan andor
Spccial Terms and Conditiotrs. the Statc ofFlorida (Statc) reserves the right to u'ithhold payment when the
Grantee has lailed to perfoml/comply with provisions ofthis Agreement. None ofthe financial consequences
fbr nonperformance in this Agreement as more fully dcscribcd in the Grant Work Plan shall bc considered
penalties.
b. Invoice reduction
Il-(iranlee does nor mcct a deadlinc for any deliverable. the Department will reduce the inr oice by lo/o lor each
day the deadline is missed, unless an cxtension is approved in writing by the Department.
c. Corrective Actiqn Pl4!1. IfGrantee fails to correct all the deficiencies in a rejected deliverable *ithin the specified
timeframe, Dcpartment may, in its sole discretion, request that a proposcd Corrective Action Plan (CAP) be
submitted by GraDtee to Department. The Department rqquests that Grantce speci8/ the outstanding dehciencies
in thc CA?. All CAPS must be able to be implemented and performed in no morc than sixty (60) calendar days.
i. The Grantee shall submit a CAP u,ithin ten (10) days of the date of the written request tiom
Departmenr- The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days of rcccipt ofa CAP, Depanment shall notify Granlee in writing whether thc
CAP proposed has been accepted. Ifthe CAP is not accepted, Grantee shall have ten (10) days from
receipt of Deparhnent letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Departmcnt approval ofa CAP as spccified above may rcsult in Department's termination of
this Agreement for causc as authorized in this Agreement.
ii. Upon Dcpartment's notice of acceptance ofa proposed CAP. Grantee shall harc ten (10) days to
commence implementation ofthe accepted plan. Acceptance ofthe proposed CAP by Department
does not rclieve Grantee ol'any of its obligations under thc Agreement. [n the cvent the CAP lails
to correct or eliminate pcrformance dcficicncies by Grantee, Departrnent shall rctain the right to
Attachment l-A
2of13
Rs. e I5 litli
8.
a.
require additional or further remedial steps. or Io teminate this Agreement tbr f'ailure to perform.
No actions approved by Department or steps taken by Grantce shall preclude Dcpanment tiom
subsequcntly asserting any dehciencies in performance. The Grantee shall continue to implcment
the CAP u[til all deficicncics are correctcd. Reports on thc progrcss of the CAP will be madc to
Depanment as requested by Department's Crant Manager.
iii. Failurc to respond to a Dcpartment requcst for a CAP or lhilure to correct a deficiency in thc
pcrformance of thc Agrcement as spccified by Departmcnt may result in tcrmination of the
Agrccment.
PaymeIrt.
Pavment Process. Sub.ject to the tcrms and conditions cstablished by the Agrecmcnt, thc pricrng per delivcrable
established by thc Grant Work Plan, and the billing procedures established by f)epartment, l)cpartmcnt agrccs
to pay Grantee for sen ices rendered in accordance with section 215.422, Flo da Statutes (F.S.).
Taxcs. The Dcpartment is exempted from pa).ment ofStatc salcs, use taxes and Federal excisc taxes. The Grantcc,
ho$'ever. shall not be exempted from paying any taxes that it is sub.ject to. including State sales and use taxes. or
fur payment bl Grantee to suppliers lor taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Depanment's cxcmption number in sccuring such materials. The Grantcc
shall be responsible and liable for the payment ofall its FICA/Social Secuity and other taxes resulting from this
Agreement.c. Maximum Amount of Agreement. Thc maximum amount of compcnsalion under this Agrccment, rvithout an
amendment. is described in the Standard Grant Agreement. Any additional funds necessary for thc completion of
this Project are the responsibility ofGrantee.d. Reimbursement fbr Costs. The Crantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the complction, submittal, and approval ol cach deliverablc identified in thc Ciranr Work Plan.
Rcimbunement shall bc requestcd on Exhibit C, Paymcnt Rcqucst Summary Form. To bc eligiblc tbr
reimbusement, costs must bc in compliance with laws. rules, and regulations applicable to expenditures ofstatc
f'unds. including. bul not limited to. the Reference Cuidc for State Expcnditures. which can be accessed ar thcftrllowing wcb address https://\r1!'Ir.mvfl oridacfb.con/docs-stTaccountin s-and-auditinslibrarics/statc-
acencies,/teferencc-su ide-for-state-cxocnditurcs.odf.
Rural Communities and Rural Areas of Opoortuniw. lf Grantee is a county or municipality that qualifies as a
"rural community" or "rural area ofopportunity" (RAO) as defined in subsectian 288.0656(2), F.S., such Grantee
may request from thc Department that all invoice payments (i.e., cost reimbursement) undcr this Agrcemcnr be
dircctcd to thc rclcvant county or municipality or to thc RAO itsclf. Thc Department will agree to Grantcc's
rcquest if:
i. Grantee demonstrates that it is a count-v or municipality that qualifies as a "rural community" or
"rural arca ofopportunity" under subsecrion 288.0656(2), F.S.:ii. Crantec demo[strates current financial hardship using one ( | ) or more of thc "cconomic distress"
factors defined in subsection 288.0656(2)(c), F.S.;iii. Crantee's performance has been verified by the Department. which has determined thar Grantee is
eligiblc for cost reimburscmcnt and that Grantee's performancc has been complcted in accordance
with this Agreement's terms and conditions: andiv. Applicable federal and state la*(s), mlc(s) and regularion(s) allox.for such payments.
This subsection may not be construed to alter or limit any other applicable provisions offederal or state law, rule,
or regulation. A current list of Florida's dcsignatcd RAOs can be acccssed at the following web addrcss:
httDs://fl oridaiobs.orp./communifu -plannins-and-devclooment/rural-commun i -programs/rural-areas-of-
h
oppomlnrry.t'. Inr oicc Dctail All charges for sen'ices rendered or for rcimbursement of expenses authorizgd by Departmcnt
pursuant to the Granl Work PIan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be perlbrmed. The Grantee shall only invoicc Departmcnt lor deliverables that are complered in
aocordance with thc Grant Work Plan.
Statc Funds umcntatron.Pursuart to section 2 16. 1366. F.S.. if Contractor meets thc dclinition ofa non-protit
organization under section 215.97(2)(m). F.S., Contractor must providc the Department with documentation thar
indicates the amounl ofstate funds:i. Allocated to be used during the full tqrm of the contract or agreemcnt for rcmuneration to any
member ofthe board ofdirectors or an officer ofContactor.ii. Allocated under each payment by the public agency to be used fbr remuneration ofany member of'
the board ofdirectors or an officer ofthe Contractor.
Re\.9'15.2021
Attachmert l-A
3ofl3
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State's the contract tracking system and maintained pursuant to section 215.985. F S., and must be
postcd on the Conaactor's website. if Contractor maintains a $-ebsite.
h. Interim Paymcnts. Interim payments may bc made by Department, at its discrction. if the completion of
deliverables to date have firu1been accepted in writing by Department's Orant Manager.
i. Firal Palment Request. A tlnal paymcnt rcquest should be submitted to Dcpartment no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However. all
work peformed pusuant to thc Crant Work Plan must be performed on or bcforc thc cxpiration date of the
Agreement.
Annual Appropriation Continsency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by thc Legislatwe- This Agrecment is not a commitment of futurc
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded. u,ith proper notice. at the discretion of Department if the Legislature reduces or eliminates
appropriations.
k. Intcrest Rates. All interest ratcs chargcd undcr the Agrccmcnt shall be calculatcd t)n thc prcvailing rate used b1thc State Board of Administration. To obtain the applicable interest rate, please refu to
hnps://wtw.mvfloridacfo.com/diyisiorL/aa./local-sovernmelts4iudsement-intcrcst-rates.l. Refund ofPalments to the Depanment. Any balance ofunobligated funds that have been advanced or paid must
bc rcfunded to Department. Any lunds paid in excess of the amount to which (irantee or subgrantee is entitled
undcr thc tcrms ofthe Agrgement must bc rcftndcd to Deparhnent. Ifthis Agreemcnt is fundcd with federal funds
and the Depanment is required to rctund the federal sovernment. thc Grantcc shall reftud the Departrnent its
share of those funds.9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorizcd in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost rcimbursement or match
rcqurrcmcnrs for rhe followrng budgct catcgories
a. SalarvAvases. Grantcc shall list personnel involved. position classitication, dircct salary rates, and hours spent
on the Project in accordancc with Attachment 3. Grant Work Plan in their documcntation for reimbursemcnt or
match requirements.b. Overhead,lndirect'General and Administrative Costs. [f Grantee is being reimbursed tbr or claiming match for
multipliers, all multipliers used (i.c., fringc benefits, overhead. indirect. and,or gcneral and administative rates)
shall be supported by audit. If Departmcnt detemines that multiplicrs charged by Grantee exceeded the mtes
supponcd by audit, Grantee shall bc required to reimburse such funds to Department within thirty (30) days of
w tten notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or rcimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required lrom Grantee.
Subcontracts which involve payments for direct salaries shall clearly idcntify thc pcrsonnel involved, salary rate
per hour. and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
andior general and administrativc rates) shall be supported by audit. If Departmcnt dctcrmincs that multipliers
charged bv any subcontractor cxccedcd the rates supported by audit, Grantee shall bc required to reimbursc such
funds to Department Dithin thirty (30) days of $,ritten notification. Interest shall be charged on the excessi\ c
rate. Nonconsumable andor nonexpendable personal properq- or equipment costing 55.000 or more purchased
lbr the Project undcr a subcontract is subject to the requirements set lorth in chapten 273 and,'or 274, F.S.. and
Chaptr"-r 69I-72. Florida Administrativc Codc (F.A.C.) andor Chapter 691-73. F.A.C., as applicable. The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensurc irs
subcontracts issued under this Agreement. ifany, impose this requirement. in writing. on its subcontractors.i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitivc basis. fixed-price subcontracts to consultants/conhactors in performing the
work described in Aftachment 3, Grant Work Plan. lnvoices submitted to Department for fixed-
price subcontracted activitics shall be supported with a copy of the subcontmctor's invoice and a
copy ofthe tabulation form lor the oompctitive procuement process (e.g.. InvitatioD to Bid, Request
for Proposals, or othcr similar competilive procurement document) resulting in the fxed-price
subcontract- The Grantee may request appro!'al ftom Department to a\l'ard a fixed-price subcontract
resulting from procurcmcnt methods other than those idcntificd above. ln this instance. Grantee shall
requcst the advance *'ritten approval from Department's Crant Managcr of the fixed price
Attachment 1-A4ofll
Rer. 9 I5 1023
negotiated by Grantee. The lener of request shall be supported by a detailed budget and Scope of
Senices to bc pcrformed by the subcontractor. Upon rcceipt of Department Grant Manager's
approval ofthe fixed-pricc amount. Grantee may procced in finalizing thc fixcd-price subcontract.
ii. If the procurement is subject to the Consultant's Compctitivc Ncgotiation Act under secrion
287.055, F.S. or the Brooks Act, Graltee must provide documentation clearly evidqncing it has
complied with the statutory or federal requirements.d. Travei. All requests for match or reimbursement of travel expenses shall bc in accordance with section I 12.061 ,
F,S,e. Direct Purc EquiDment- For the purposes of this Agreement, Equipment is defined as capital outlay costing
55,000 or more. Match or rcimbursement for Grantee's direct purchasc of cquipment is subject to specific
approval of Department, and does not includc any equipment purchased undcr the delivcry of sen'ices to be
completed by a subconractor. Includc copies of invoices or receipts to documcnt purchases. and a properly
completed Exlribrt B. Propen)- Reponing Form.f'. Rental,'Lease ofEouiDment. Match or reimbursement requests for rental/lease ofequipment must include copies
of invoices or receipts to document charges.g. Miscellaneous,'Other Expqnscs. If miscellaneous or other expenses. such as matcrials. supplics. non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation suppofiing these expenses must be itemized and include copies of
rcceipts or invoices. Additionally, indcpcndcnt ofGrantee's contract obligations to its subcontractor, Depanment
shall not reimburse any of the following tlpes of charges: cell phone usage: attomcy's f'ecs or court costs; civil
or adminishative penalties; or handling t'ees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acouisition. Reimbursement fbr thc costs associated with acquiring intercst and/or rights to rcal propeny
(including access rights through ingrcss/egress easements, leases, licensc agrccmcnts. or other sile access
agrccments; and/or obtaining record title owncrship ofreal property though purchase) must be supported by thc
following. as applicable: Copies of Propeny Appraisals. Environmental Site Assessments, Sun-eys and Legal
Descriptions. Boundary Maps, Acrcage Cerlification, Title Search Rcports. Title Insurance, Closrng
Statements/Documents, Dccds. Leascs. Easements. License Agreements. or othcr lcgal instrument documenting
acquired properE- interest andior rights. lf land acquisition costs are used to meet match requirements, Grantee
agrccs that thosc funds shall not bc uscd as match for any other Agreement supponcd by Statc or Fcdcral funds.
10. Status Reports.
The Grantee shall submit status reports quanerly. unless otherwise specificd in the Attachments, on Exhibit A.
Progress Rcpon Form, to Departmcnt's Grant Manager describing thc uork performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting pcriods end on March 31, June 30,
Scptcmber 30 and December 3 I. Thc Dcpartment will review the requircd reports submitted by Crantee $'idin thirty
(30) days.
ll. Retainage.
Thc lbllowing provisions apply if Depanmcnt withholds retainage under this Agrccmcntia. The Depanment reser!,'es the right to establish the amount and application oiretainage on the uork performed
under this Agreement up to the maximum pcrcentage described in Aftachmcnt 2. Special Terms and Conditions.
Retainage mav be withhcld from each payment to Grantee pending satisfactory completion ofwork and approval
of all deliverables.b. Ifcrantee f-ails to perform the requested *'ork or fails to perform the rvork in a satist'actory manner. Grantee shall
forleit its right to payment ol'thc rctainage associated with the \\'ork. Failurc to pcrlbrm includes. but is not
limited to, failure to submit the requircd dcliverables or failure to providc adcquatc documentation that the work
was actually pcrformed. The Departmcnt shall provide written notification to Grantee of the failure to perform
that shall result in retainagc tbrfciturc. Ifthe Grantee does not correct the failurc to perform \l'ithin the timeframc
stated in Department's notice, thc rctainage will be forfeited to Department.
c. No rctainage shall be released or paid tbr incomplete uork while this Agreemcnt is suspcnded.
d. Except as otherwise provided above, Crantee shall be paid the retainage associated u'ith the work. provided
Grantee has completed the work and submits an invoice for retainage held in accordancc with the invoicing
proce.lures under this Agrecmcnt.
12. Insurance.
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a. lnsurance Requirenrents tbr Sub-Crantees and. or Subcontractors. The Crantec shail require its sub-grantees
andror subcontractors, if an_r''. to maintain insurance coverage ofsuch rypcs and u'ith such tcrms and limits as
described in this Agrccment- The Grantee shall require all its sub-grantees and' or subcontractors, ifany. to
makc compliance with the insurance rcquircments ofthis A8rcement a condition ofall contracts that are relatcd
to this Agreement. Sub-grantees and/or subcontractors must provide proofofinsuance upon request.
b. Deductibles. The Dcpartment shall bc cxempt from, and in no way liable for, any sums ofmoney representing a
deductible in anv insurance policy. Thc paymcnt ofsuch deductible shall bc rhe sole responsibility ofthc
Grantce providing such insurancc.
c. Proof of Insurance. Upon execution oi this Agreemenl. Crantee shall pro\ ide Depanment documentation
dcmonstrating thc cxistence and amount for each tvpe ofapplicable insurance coverageprrnr !a pcrformance of
any work under this Agreement. Upon rcccipt of writtcn rcquest from Dcpanment, Grantee shall lumish
Dcpartment *'ith proof of applicablc insurance covcragc by standard form cartilicatcs ofinsurance, a self-
insured authorization. or other certification of self-insurance.
d. Dutv to Vaintain ( or erase. In the e\ ent that any applicable coverage is cancelled by the insurer for any
rcason. or ifGrantec cannot get adcquale coverage, Grantec shall irnmcdiatcly notify Depanmcnt ofsuch
cancellation and shall obtain adequatc rcplacement cavcrage conforming to thc requirements herein and providc
proofofsuch replacement coverage within ten (10) days af'ter the cancellation ofcoverage.
e. Insurance Trust. If the Grantee's iflsurance is provided through an insurance trust, the Grantee shall instead add
thc Dcpartment of Environmental Protcction, its cmployccs, and officers as an additional covercd party
evcryuhere thc Agrccment requires them to be added as an additional insurcd.
13. Terminatiotr-
a. Termination for Convenience. \Vhen it is in the State's best interest, Department may. at its sole discretion.
rcrminare rhe Agreemcnt iD wholc or in part by giving 30 days' written noticc to Gmntee. Thc Department shall
notify Crantee ofthc Lermination for conveniencc with instructions as to thc effective date oftcrmination or thc
spccific stage of work at which the Agrecment is to bc terminated. The Orantee must submit all invoiccs for
rvork to be paid under this Agrcement within thirt-y (30) days ofthe effectivc date of termination. Thc
l)epanment shall not pay an]' in! oiccs rcccir cd aftcr thiny (30) days of thc eflective date oI tcrmination.
b. Termination for Cause. The Depaflment may terminate this Agrccmcnt if any of the events ofdefault described
in thc Erents ofDctault provisions bclow occur or in thc cvent that Gmntcc fails to fulfiIl any of its other
obligatioas under this Agreement. Il al'ter termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations ofthc partics shall bc the same as ifthc termination had
bcen issued for thc convenience of Dcpanment. The rights and remedies of Department in this clause are in
addition to any othcr rights and rcmcdies provided by lalr or under this Agreement.
c. Crantee Ob[qations upon Notice ofleEl1ilalieL After recei pt ofa notice of termination or partial termination
unlcss as othcrwisc directed by Depanment, Grantee shall nor fumish any scrvice or dclivcrablc on the datc. and
to thl: extent specificd. in the notice. However, Grantee shall continue work on any portion ofthc Agreemcnt
not terminated. Iftha Agreement is tcrminated beforc performance is completed, Grantee shall be paid only tbr
that work satisfacrorily performed for which costs can be substantiated. The Grantee shall not be entitled to
rccor,cr any canccllation charges or lost protits.
d. Continuation ofPrcpaid Senices. If Dcpartment has paid for any sen ices prior to the expirati(rn. cancellation.
or termination ofthc Agreement, Grantce shall continue to provide Depanment with those scrviccs for \!hich it
has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid fbr but not rendcred.
e. Transition of Scn iccs UDon Terminatiotr,Exoiration. or Cancellation of thc Asreement- II'scrviccs providcd
under the Agrecmcnt are being tmnsitioned to another provide(s), Grantce shall assist in the smoolh transition
of Agreemenr senices to the subsequent provider(s). This requirement is at a minimum an alTirmative
obligation to cooperate wirh the new pro\ider(s). ho\r'cvcr additional requircments may be outlined in the Granr
Work Plan. The Grantee shall not pcrlirrm any sen ices alier Agreement expiration or termination, except as
nccessary to completc the transition or continued portion ofthe Agrecment, if any.
14. Notice of Default.
lf Orantee defaults in the performance of any covenant or obligation contained in the Agreement, including. any of
the events ofdefault. Dcpartment shall provide notice to Grantee and an opportunir-y to cure that is rcasonable undcr
thc circumstances- This notice shall state the nature ofthe t-ailure to perform and provide a time ccnain tbr corrcctinB
thc tailure. The noricc will also provide that, should thc Grantce fail to perform within the limc provided, Grantee will
bc lirund in default. and Department may terminate the Agrecment effective as of the date of reccipt of the default
noticc.
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6ofl3
15. Events of Default.
Provided such tailure is not the fault of Department or outsidc the reasonable control ofcranrcc. the following non-
cxclusive list ofcvents, acts, or omissions, shall constitute events ofdefaullia. The commitmcnt of any material breach of this Agreemcnt by Crantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the pe.formance of the qork. failure to resume work that has been discontinued within a reasonable time after
notice to do so. or abandonment ofthe Agreenrcnt;b. The commitmcnt ofany matcrial misreprescntation or omission in any materials, or discovery by the Depanmcnt
of such, madc by the Grantec in this Agreemcnt or in its application for funding:c. Failure to submit any of thc reporls required by this Agrecment or having submitted any rcport \r'ith incorrcct.
rncomplele. or insuffi cicnt rnformation;d. Failure to honor any term ofthe Agreement;e. Failure to abidc by any statutory, regulatory, or licensing requircment, including an entry of an order revokrng
thc certificatc of authority grantcd to the Grantee by a statc or other licensing authority;i Failure to pay any and all cntities, individuals, and fumishing labor or matcrials, or failure to make payment to
any other entities as required by this Agreement;g. Employment of an unaulhorized alien in thc pcrformance ol the \r'ork. in riolation ol'Section 274 (,4) ol'thc
lmmigration and Nationality Act;h. Failure to maintain the insurancc requircd by this Agrcemcnt;i. One or more of the following ctcumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day pcriod. Grantee (including its rcceivcr or trustce in barkruptcy) providcs to Dcpartment adequatc
assuranccs, rcasonably acceptable to Depanmcnt, ofits continuing ability and uillingness to fullill its obligatrons
under the Agreement:
Entry of an ordcr lbr reliefundcr Title 1l ofthe United Statcs Code:
The making by Crantee ofa gencral assignment for the bencfir oIcreditors;
The appointment of a general recciver or trustce in bankruptcy of Grantee's busincss or propcny;
andr oIiv. An action b1 Grantee under any state insolvency or similar la\r lbr the purpose of its bankruprcy,
rcorganization. or liquidation.
16. Suspension of Work.
The Departrnent may, in its sole discretion, suspend any or all activities under the Agreement, at any time. when rt is
in thc best intercst ofthe Statc b do so. The Department shall providc Grantec written notice outlining the paniculars
ofsuspension. Examplcs ofreasons for suspension include. but are not limited to, budgetary constraints. declaratrL,n
ofemergency. or other such circumstances. After receiving a suspension notice. Grantee shall comply u.ith the notice.
Within 90 davs, or any longer pcriod agreed to bv the parties. Department shall cirhcr: (1) issue a norice authorizrng
rcsumption of work, at which time activity shall resume; or (2) tcrmirate thc Agreement. Il-the Agreemenr rs
tcrminatcd after 30 days ofsuspcnsion, the noticc ofsuspension shall be deemed to satisfy the thirty (30) days' noricc
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
Thc Crantee shall not be responsiblc tbr delay resulting from its failurc to perlbrm ifneitherthe t-ault nor the negligcncc
ofGrantee or its cmployees or agents contributed to the delay and thc delay is due directlv to acts of God, wars, acts
of public enemics. strikes, fircs, floods, or other similar cause wholly beyond Crantce's control, or for any ol'thc
forcgoing that afl-ect subcontractors or suppliers if no altemate source of supply is available to Grantee- In casc of
any delay Grantee belieles is excusable, Grantee shall trotify Department in q,riting of the delay or potenrial delay
and describe the cause ofthe delay cither (l) r'ithin ten days after the causc that crcates or will crcate the delay lirst
arose. if Grantee could reasonably lbresee that a delay could occur as a result; or (2) if delay is not reasonahly
fbreseeable, within five days aticr the date Grantee first had rcason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRA\TEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordancc with this paragraph is a condition precedent to such remcdy. Ncr
claim for damagcs, othcr than for an extension of timc, shall be asserted against l)cpartment. The Crantee shall not bc
entitled to an incrcase in thc Agreement price or paymcnt of any kind from Dcpartment tbr direct. indircct,
consequential. impact or other costs, expenses or damages, including but not limitcd to costs of acceleration or
incfficiency. arising because of delay. disruption. interferencc. or hindrance ftom any causc whatsocver. [f
performance is suspended or delayed, in whole or in pan, due to any ofthc causes described in this paragraph. atier
the causes have ceased to exist Crantee shall pertbrm at no increased cost. unless Department determines- in its sole
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Rcv. 9i l5/2023
discretion. that the delay $ill significantly impair the value ofthe Agreement to Department. in \4'hich case Department
mayr ( I ) accept allocated pcrformance or deliverics tiom Grantee. provrded that Grantee grants preferential treatmcnt
to Department \r'ith respect to products subjected to allocation: (2) contract u'ith othcr sources (without recourse to
and by Grantee for the rclatcd costs and expenscs) to replace all or pan ofthe products or seniccs that are the subject
ofthe delay. which purchases may be deducted from the Agreement quantity: or (3) terminate Agreement in whole or
in parl.
l8- lndemnilication.
a. Thc Grantee shall be t'ully liable for the actions of its agents, employees, partncrs. or subcontractom and shall
fully indemnify, defend, and hold harmless Dcpartrnent and its officers, agents. and cmployees. from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damagc to real or personal tangiblc property allegcd to be caused in raholc or in
pan by Grantee, its agents, employees, parmers, or subcontractoE; provided, however, that Grantee
shall not indemniry for that portion ofany loss or damages proximatcly caused by the negligcnt act
or omission of Department;
ii. thc Grantcc's breach ofthis Agrccment orthe ncgligent acts or omissions ofGrantee.
b. The Granree's obligations under the preceding palaglaph with respect to any legal action are contingent upon
Departmcnt giving Grantce: ( I ) written notice of any actior or threalened action: (2 ) the opponunity to lakc over
and scttle or defend any such action at Grantee's sole expensc: and (3) assistancc in defending the action at
Grantee's sole expense. Thc Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Departmelt in any legal action without Crantee's prior wriften colsent, which shall not be unreasonably
withheld.c. Notwithstanding sections a. and b. above, thc following is thc sole indemnification provision rhat applics to
Gralrrees rhat are govemmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or lr'rongful acts of its employecs and agents. Houcver. nothing contained herein shall conslitute a
wair cr by either pany of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing hcrcin
shall bc consmred as consent by a state agency or subdivision ofthc Statc to be sucd by thlrd parties in any matter
arising out ofany contract or this Agreement.
d. No provision in this Agreement shall require Depanment to hold harmless or indcmnily Grantee, insure or assume
liability for Grantec's negligence, waive l)epartment's sovereign immunit-v undcr the larvs of Florida. or
othcr$,isc impose liabiliry on Department for which it would not othenvise be responsible. Any pro!'ision.
implication or suggestion to the contrary is null and void.
19. Limiration of Liability.
The Dcpartment's liability for any claim arising fiom this Agreemcnt is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance ofcompensation due tbr goods or sewices rendered pursuant to .md in
compliancc with the terms of the Agreement. Such liabitity is further limited to a cap of $100,000-
20. Remedies.
Nothing in this Ageemenr shall be construcd to make Grantce liable tbr force majcure events. Nothing in this
Agreement. including financial consequences for nonperformance. shall limit Department's right to pursue its
remedics for other t-vpes of damages under the Agreement. at law or in equity. Thc Department may. in addition lo
other rcmcdics available to it. at law or in equity and upon notice to Crantee, retain such monics from amounts due
Grantee as may be necessary to satisry any claim for damages, penalties, costs and the likc asserted by or against it.
21. Waiver,
Thc dclay or failure by Department to exercise or cnforce any of its rights under this Agreement shall not constitute
or bc dccmed a waiver of Department's right thercaffer to enforce those rights. nor shall any single or partial cxercise
ofany such right preclude aDy other or further exercise thereofor the exercise of any other right.
22- Strtutory Notices Relating to Unauthorized Employment and Subcontracts.
a. Thc Department shall considcr the emplofnent by any Gmntee of unauthorized alicns a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly cmploys unauthorized
aliens, such violation shall be cause forunilateral cancellation ofthis Agreement. The Grantee shall be responsible
lor including this provision in all subcontracts with private organizations issued as a result ofthis Agrcement.
b. Pursuant to sections 287.133, 287. t34, and 2tt7.137 F.S., the folhwing restrictions apply to persons placed on
thc convicted vendor list. discriminatory \endor list, or the antitrusl !iolator vendor list:
pcrson or affiliate who has been placed on thc convicted vendor listi. Public |nlilv Crimc. A
following a conviction for a public entity crime may not submit a bid, proposal, orreply on a contract
ro provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity firr thc construction or repair ofa public building or public work; may
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not submit bids. proposals. or replies on leases ofreal property to a public entity: may not be a$ arded
or perform work as a Grantee. supplier. subcontractor. or corsultant under a contract with any public
entity: and may not transact business uith any public entity in exccss of the threshold amount
providcd in section 287.017. F.S.. for CATEGORY TWO for a period of36 months following the
date of being placed on the convicted vendor list.
ty or aftiliate who has been placed on thc discriminatory vcndor
list may not submit a bid, proposal, or reply on a contract to providc any goods or scrvices to a
public cntity: may not submit a bid, proposal, or reply on a contact with a public entity for thc
construction or repair ofa public building or public work: may not submit bids. proposals. or replies
on leases of rcal property to a public entiry; may not be awarded or pcrform u'ork as a contractor.
supplier, subcontractor, or consultant under a contract with any public cntity: and may not transact
business with any public entity.iii. Antitrust Violator Vendors. A pcrson or an allllratc uho has been placcd on thc antitrust \ iolator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid. proposal, or reply on any contract to provide any good or services to a public enrit):
may not submit a bid. proposal, or reply on any contract with a public cntity for the construction o.
repair of a public building or public work: may not submit a bid, proposal, or reply on leases ofreal
propcrry to a public entity: may not be a*'ardcd or perform work as a Grantee. supplier.
subcontractor. or consultant under a contract with a public entity, and may not l-ransact new busincss
with a public cntity.iv. Notification. The Grantec shall notify Departmcnt if it or any of its supplicrs, subcontracors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vcndor list during the life of the Agrcemcnt. The Florida Dcpartmelt of Management
Services is rcsponsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Qucstions regarding thc discriminatory rendor list or
antitrust violator vendor list may be directed to the Florida Departmcnt of Managcmcnt Scrvices,
Officc of Supplier Diversity, at (850) 487-0915.
23. Compliance with Feder.l, State arld Local Laws.a. Thc Grantee and all its agents shall comply *ith all federal, statc and local regulations. including, but not limited
to. nondiscrimination. uages. social securiry. rvorkers' compensation. licenses, and registration requirements.
Thc Cranlee shall includc this provision in all subcontracts issued as a rcsult ofthis Agreement.b. No pcrson, on the grounds of race, crced, color, religion, national origin, age, gender. or disability, shall bc
excluded from participation in; be denied the proceeds or benelits of or be otherwise subjected to discriminarion
in pertbrmance ofthis Agreement.c. This Agreement shall bc govcmcd by and construed in accordancc with the laws ofthe State ofFlorida.d. Any dispute conccming pcrformance of thc Agrecmcnt shalJ bc processed as describcd hcrein. Jurisdii:tion for
any damagcs arising undcr the terms of the Agrccment will be in the courts ofthc Statc. and venue rvill bc in the
Second Judicial Circuit. in and for Leon Counry. Except as otheru'ise provided by larv, the parties agree to be
rcsponsible for their own attomey fces incuned in connection with disputes arising under the tcrms of this
Agrcement.
24. Build America, Buy Amcrica Act (BABA) - lnfrastructure Projects with Federal Funditrg.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds uDder the American Rescue Plan Act. Also, this proyision does not applv where
there is a valid waiver in place. However, the proyision may appl!,to funds expended before the waiver
or after expiration of the waiYer.
Ilapplicablc. Recipicnts or Subrecipients ofan auard ofFederal financial assistance from a program lbr
inl'rastructure are requircd to comply with the Build America, Buy America Act (BABA). including thc
lbllowing provisions;
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes.
t'rom the initial melting stage through the application ofcoatings. occurred in the United States;
b. All manufactured products used in the projecl are produced in the United States-this means the manut'actured
product \\as manufacturcd in the Unitcd Statcs; and the cost ofthc components of thc manul'actured product
that arc mincd, produccd. or manufacturcd in the United Statcs is greater than 55 pcrccnt ofthe total cost ofall
componcnts ofthe manuthctured product, unlcss another standard fbr determining thc minimum amount of
domcstic content ofth(] manufactured product has been established under applicablc law or regulation; and
ii. Discriminatory Vendors. An cnti
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c. All construcaion materials are manufactured in the United States-this means that all manufacturing processes lor
rhe construction material occurred in the United States.
The Buy America prefcrence only applies to anicles, materials, and supplies that arc consumed in, incorporatcd
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment. and supplies, such as
temporary scaffolding. brought to the construction site and remored at or before the complction olthe
infiastructurc project. Nor does a Buy America preference apply to equipmcnt and fumishings. such as movable
chairs, desks, and portable computer equipment, that arc used at or within the finished infrastructure project but
arc not an integral part ofthc structure or permanently affixed to the infrastructure project.
25. lnvesting in America
Crantees ofan award for construction prqects ln whole or in part by the Bipartisan Infrastructure Law or thc
Inflation Reductioo Act. including the following provision:
a. SignageRcquircments
a. Investing in America Emblem: The recipient will ensure that a sign is placed al construction
sites supponed in wholc or in part by this award displaying thc official lnvesting in Ameica
emblem and must identiS/ the project as a "project funded by President Biden's Bipartisan
lnlrastructure Law" or "project funded by President Biden's Inflation Reduction Acl" as
applicable. The sign must be placcd at construction sites in an easily visiblc location that can be
directly linked to the work taking place and must be maintained in good condition throughoul the
constructiol pcriod.
Thc recipient will ensure compliance with thc guidelines and design specifications provided by
EPA for using thc official Investing in America cmblcm availablc at:
httos:tlwu'u'.eoa- sov/in ln\'estlns-amerlca-stqna ge
b. Procuring Signs: Consistent with section 6002 of RCRA. 42 U.S.C. 6962. and 2 CFR 200.323.
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considcrcd an allowablc cost under this assistance agreement provided that the costs
associared with signage are reasonable. Additionally, to incrcasc public awareness ofprojecls
scning communities where English is not the predominant language, recipients arc cncouragcd to
translate the language on signs (excluding the official lnvesting in America emblem or EPA logo
or scal) into thc appropriate non-English language(s). The costs ofsuch translation arc allowablc.
provided the costs arc reasonablc.
26. Scrutinized Companies.a. Grantce certifies that it is not on the Scrutinized Companies that Boycott lsrael List or engaged in a
boycott oflsrael. Pursuant to scction 287.135, F.S.. the Departmcnt may immediately terminate this
Agreement at its solc option ifthc Grantee is found to have submined a false cenification; or ifthe
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycoft
of Israel during the term ofthc Agrcement.
b. Ifthis Ageement is for more than onc million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
scction 287.135, F.S. Pursuant to section 287.135, F.S.. the Department may immediately terminatc
this Agreement at its sole option ifthe Grantee is found to have submined a falsc certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in thc Iran Petrolcum Energy Scctor List, or engaged with busincss
operations in Cuba or Syria during the term of the Agreemcnt.
c. As providcd in subsection 287.135(8). F.S.. if federal law ceascs to authorize thcse contracting
prohibitions, then they shall become inoperati!e.
27. Lobbying and Integrity.
Thc Grantee agrecs that no funds rcccived by it under this Agreement will be expended for the purpose of lobbying
thc Legislature or a State agency pu$uant to section 216.347. F.S., except that punuant to the requirements ofsectitrn
21i7.05S(6). F.S.. during the term of any executed agreement betlveen Grantee and the State. Grantee may lobby the
exccutive or legislative branch conceming the scope of services. performance. term, or compensation rcgarding that
agreement. Thc Grantee shall comply with sections I 1.062 and 216.347, F.S.
28. Record Keeping.
The Graotee shall maintain books, records and documents directly peninent to performance under this Agreemcnt in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Dcpartment. thc Statc. or their authorized represcntativcs shall halc access to such records for audit purposes during
Attachment I-A
t0 of l3
Rev. 9/15/2023
the term ofthis Agreement.md for five (5) years follorving the completion date or termination ofthe Agreement. In
thc event that any lvork is subcontracted, Grantee shall similarly requirc each subcontractor to maintain and allow
access to such records for audit purposes. Upo[ request of Dcpartment's Inspector General. or other authorized
State official, Grantec shall provide any typc ofinformation the lnspector General deems relevant to (;rantcc's
integriry or responsibilit). Such information may include. but shall not be limited to, Grantee's business or financial
rcc<lrds. documcnts. or files ofany rype or form that ref'er to or relate to Agreement. Thc Grantce shall retain such
rccords for thc longer of: (l) thrcc years aliqr the expiration ofthe Agrccment; or (2) thc pcriod required by thc
Gcneral Records Schedules maintained by the Florida Departmcnt of Statc (availablc at:
http:,//dos.myflorida.com/libran-archivcs/rccords-manaeemcnt/general-rccords-schedules/).
29. Audits.a. InsDector General. Thc Grantee understands its duty, pursu.rnt to scction 20.055(5). F.S.. to coopcrate with the
inspector gcncral in any investigation, audit, inspection, review, or hcaring. Thc Crantee will comply wirh this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
rcquircmcnt, in writing, on its sub-grantees and/or subcontractors, respcctitely.b. Physical Access and Insoection. Department pcrsonncl shall be giren access to and may obscrrc and inspect
work being pcrformed under this Agrccmcnt. r'ith reasonable noticc and during normal busincss htrurs. including
by any of the following methods:i. Grantee shall provide access to any location or facility on which Grantee is pertbrming work, or
storing or staging equipment. materials or documents:ii. Grantec shall permit inspcction of any facility, equipmcnt. practiccs. or operations rcquired in
performance ofany u'ork pursuant to this Agreement; and,iii. Grantee shall allorv and facilitate sampling and monitoring of any substances, soils. materials or
p.rameters at any location reasonable or nccessary to assure compliancc with any work or legal
rcquircmcnts pursuant to this Agreemcnt.c. Special Audit Requircmcnts. The Grantce shall complyuiththe applicable prcvisions containcd in Attachmenr
5. Special Audit Requirements. Each amendmeot that authorizes a funding increase or decrease shall include an
updated copy of Exhibit I , to Attachment 5. IfDepartmcnt fails to providc an updatcd copy ofExhibit I to includcin each amendment that authorizcs a funding incrcasc or dccrcase, Grantee shall request onc from thc
Departmcnt's Grants Manager. The Grantee shall considcr the rype offinancial assistance (fedcral and/or statc)
identified in Attachment 5. Exhibit I and determine whether the terms ofFederal and-/or Florida Sinsle Audit Acr
Requircmcnts may lirrthcr apply to lower tier transactt)ns that mav be a result ol'this Agreement. For federal
financial assistance. Grantce shali utilizc the guidan(c provided undcr 2 CFR i200.31I lbidetermining whether
the relationship represents that of a subrecipient or vendor. For State tlnancial assistance, Gruntee shall urilize the
form entitlcd "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vcndor Detcrmination" (form
number D!S-A2-NS) that can be found undcr thc "Links/Forms" scction appearing ar the follo\,,.ing \ebsirc:
httpsi\Lapps. fl dfs.com\lsaa.d. Proof of Transactions- ln addition to documentation pro! ided to suppon cost reimburscment as dcscribed herein.
Department may periodically request additional proofofa transaction to evaluate the appropriateness ofcosts to
the Agrccmcnt pursuant te State guidclines (including cost allocation guidelines) and fbderal. if applicablc.
Allowablc costs and unilbrm administrative requirenrents for federal programs can bc found undcr 2 CFR
200. The Dcpanment may also requcst a cost allocation plan in support of its mulriplicrs (orcrhcad, indirecr.
general administrative costs, and fringe benefits). The Grantee must provide the additional proof \rithin rhirry
(30) days ol'such rcqucst.
No Commineline of Funds. The accounting svstems lbr all Grantces must ensurc that thesc lunds arc not
comminglcd with funds from other agencies Funds from cach agency nrust be accountcd for scparatcly- Grantees
are prohibited tiom commingling funds on either a program-by-program or a project-by-pro1ect basis. Funds
specilically budgeted and",or receivcd for one projcct may nor be uscd ro support another proJcct. Wherc a
Grantcc's. or subrecipienfs, accounting systcm cannot comply with this rcquiremcnt, Grantee, or subrecipient,
shall establish a system to provide adcquatc fund accountability for cach project it has been awardcd.i. If Departmcnt finds that thcse funds havc been commingled. Depanment shall harc thc right to
demand a refund. either in .r,rhole or in part. ofthe funds provided to Grantee under this Ageement
lor non-compliance with the material terms of this Agrccmenl. The Grantee. upon such writtc-n
notification fiom Departmcnt shall refund. and shall forthwith pay to Dcpartment, thc amount of
money demanded by Department. Interest on any refuDd shall be calculated based on the prevailing
rate uscd by thc State Board of Administration. Intcrcst shall be calculatcd fiom rhe dare(s) rhe
Rcv.9i I5,/2021
Attachment l-A
ll of l-l
original payment(s) are receivcd from Department by Crantee to the date repayment is made by
Gmntee to Department.
ii. In the event that the Grantcc rccovers costs, incurrcd under this Agreement and rcimbursed by
Department, tiom another sourcc(s), Grantee shall reimburse Department for all rccovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the pavment(s) are recovcred by Grantee to the date repayment is
made to Departmcnt.iii. Nolu'ithstanding the rcquirements ofthis section, the abovc rcstrictions on commingling funds do
not apply to agreements whcre payments are made purcly on a cost reimbursemcnt basis.
30. Conflict of Interest.
The Grantec covcnants thal it presently has no interest and shall not acquire any intcrest which would conflict in any
manner or degrcc with the performancc of services required.
31. lndependent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Depanment.
32. Subcontractitrg.a. Unless otherwisc spccified in the Special Tcrms and Conditions, all sen'ices contracted for are to be performed
solely by Crantee.b. The Depanmcnt may, for cause, require the replacement ofany Graltee employee. subcontractor. or agent. For
cause, includcs, but is not limited to, technical or training qualifications, qualiry ofwork, change in sccurity status.
or non-compliance with an applicable Dcpartment policy or other requircmcnt.
c. Thc Dcpartmcnt may, for cause, deny acccss to Department's secure information or any facility by any Crantee
employcc, subcontractor, or agent.d. The Department's actions under paragraphs b. or c. shall not relievc Grantee ofits obligation to perform all work
in compliance u ith the Agle€ment. The Grantee shall be responsible for the payment ofall monies due under any
subcontract. Thc Depanment shall not bc liable to any subcontractor tbr any expenses or liabilitics incurred under
any subcontract arld Grantee shall be solely Iiable to the subcontractor for all expenses and liabilities incurred
under anl- subcontract.
e. The Depanment will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Depafiment's f'acilitics, unless the basis of Dcpartment's denial is safety or securiry considcrations.
f. The l)epartmcnt supports diversity in its procurement program and rcqucsts that all subcontracting opportunities
afforded by this Agreement embracc divcrsity enthusiastically. Thc award ofsubcon[acts should rcflect the full
diversity of thc citizens of the State. A list of minority-owncd firms that could be offercd subcontracting
opportunities may be obtained by contacting the Office of Supplier Divcrsity at (850) 487-0915.
g. The Grantec shall not be liable for any cxccss costs for a failurc to pcrform. ifthe failure to perform is caused by
rhe default of a subcontmctor ar any tier. and if the cause of the default is completely beyond the control ofboth
Grantee and thc subcontractor(s). and r!ithout thc fault or negligencc ofcither, unless the subcontracted products
or seniccs *,cre obtainable from other sourccs in sufficient timc irr Grantce to meet the rcquired delivery
schedule.
J3. Guarantee of Parent Compatry.
IfGrantee is a subsidiary ofanother corporation or other business entity, Grantee asserts that its parcnt company will
guarantee all ofthe obligations ofGmntec tbr purposes offulfrlling the obligations ofAgreement. In thc cvcnt Grantee
is sold during thc pcriod the Agreement is in cffcct, Grantee agrces that it will be a requirement of salc that the nell'
parent company guarantee all of the obligations of Crantee.
34. Survival.
The respecrive obligations ofthe parties. which by their nature would continue beyond the tc.mination or expiration
of this Agreement. including without limtation, the obligations regarding confidentiality. proprietary interests. and
public rccords. shall survive termination, canccllation. o. cxpiration of this Agreement-
35. Third Parties.
Thc Departmcnt shall not be deemed to assumc any liability for thc acts. t'ailures to act or negligencc of Grantcc, irs
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party- This
Agreement does not and is not intendcd to conttr any rights or remedies upon any person othcr than the parties. If
Depanment conscnts to a subcontract. (irantee will specilically disclose that this Agreement does not crcate any third-
party rights. Furthcr, no third parties shall rely upon any ofthe rights and obligations crcated undcr this Agreement.
36. Sererabilitt.
Il a court of compctenl jurisdiction dccms anl term or condition herein void or uncnforceable. the other pro\ isrons
are severable to that loid provision, and shall rcmain in full tbrcc and cffcct.
Attachment l-A
l2 of 13
Rcv. 9/15/2023
37. Grantce's Employces, Subcontractors aod Agents.
All Grantee cmployccs, subcontractors. or agcnts performing work undcr thc Agreement shall bc properly traincd
technicians who mcct or exceed any specified training qualifications. Upon rcqucst, Grantee shall fumish a copy of
technical ccnilication or other proofofqualification. All employees. subcontracton, or agents pcrforming u ork under
Agreement musr comply with al1 securiry and administrative requirements of Department and shall comply rith all
controlling laws and regulatiols relevant to thc scr\ ices they are pror iding undcr the Agreement-
38. Assignment.
The Grantee shall not sell. assign. or transltr any of its rights. duties. or obligations under the Agrccmcnt. or under
any purchase ordcr issued pursuant to the Agrecmcnt. \r'ithout the prior written colsent of Departmcnt. [n the event
ofany assignment. Grantee remains secondarily Iiable lor performancc olthc Agrccment. unless Departmcnt expressly
waives such secondary liability. The Departmcnt may assign the Agrccmcnt with prior writtan notioc to Crantec of its
intent to do so.
39. Compensation Report.
Ifthis Agreemenr is a solc-source. public-privatc agreement or ifthe Grantce. through this agreemcnt with thc State.
annuallv rcccivc 50"o or more oftheir budgct from the State or fiom a combination ofState and Fedcral funds. the
Grantee shall provide an annual report. including the most recent IRS Form 990. detailing the total compensation lor
thc e[tities' exccuti! c leadership teams. Total compcnsation shall includc salary, bonuses. cashed-in lcarc. cash
equivalents, severancc pay. retirement benefits. dcfcrred compensation, rcal-propery gifts, and any othcr payout.
The Grantcc must also inform the Departmcnt ofany changes in total cxccutive compensation bct[ecn the annual
reports. All compensation reports must indicate what percent ofcompensation comes directly from the State or
Federal allocations to thc Grantee.
40. Execution in Counterparts aDd Authority to Sig[.
This ASreement, any amendments. and;or change orders related to the Agreement. may be executed in counterpans,
each of lvhich shall bc an original and all of which shall constitute thc same instrument. ln accordancc $ith thc
Elcctronic Signaturc Act of 1996. electronic signatures. including facsimilc transmissions. may be uscd and shall have
the same tbrce and ctlcct as a r,r'ritten signaturc. Each person signine this,{greement warants that hc or she is duly
authorized to do so and to bind the respecti!'e parq, to the Agreement.
Rev.9/15/2013
Attachmelt l-A
l3 of l3
STATE OF FLORIDA
DEPARTMENT OF EN-VIRONNIf, NTAL PROTECTION
Revised Special Tcrms and Conditions
AGREE\IE\T NO. 22FRP23
ATT..ICH}IE\T 2-.{
These Special Tcrms and Conditions shall be read together with gcncral terms outlined in the Standard Terms and
Conditions, Attachment l. Whcrc in conllict, thesc more spccilic terms shall apply.
l. Scope of Work.
The Project fundcd under this Agreement is Dania Beach SW 5.1th Court Stormwater Improvement. The Project is
defined in more detail in Attachment 3- Grant Work Plan.
Duration.
Reimburscmcnt Period. Thc rcimbursement period for this Agreement is the same as thc tcrm ofthc Agrccment
Extcnsions. There are extensions available for this Prqcct.
Sen ice Pcriods. Additional service periods may be added in accordance with 2.a above and are contingent upon
proper and satisfactory technical and administativc pcrformance by the Grantee and thc availability of funding
3. Payment Provisions.a. Compensalion. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreemcnt as described in Attachment 3.
b. lnvoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pav. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursem!'nt lbr costs or availability tbr costs to meet matching requirements shall bc limited to the lbllowing
budget categorics. as defined in the Rcfqrcncc Guidc for Statc Expenditures, as indicatcd:
2.
a_
b.
c.
Cateeory
SalariesAVages
Overhead,{ndirect/General and Adminishative Costsa. Fringe Benefits, N/A.
b. lndirect Costs, N/A.
Contractual (Subcontactors)
Travel. in accordance ta'ith Section I12. F.S.
Equipment
Rental/Lease of Equipment
Misccllaneous/Other Expenses
Land Acquisition
5. Equipment Purchase.
No Equipmcnt purchascs shall bc fundcd under this Agreenrcnt.
6. Land AcquisitioD.
There uill bc no Land Acquisitions funded under this Agreemcnt
7. Match Requirements
The Agrecmcnt rcquires at least a 50o/o match on the part of the Crantee. Therefore, the Grantee is responsiblc for
providing $350.000 through cash or third party in-kind to\r'ards thc project funded undcr this Agreement. The
Grantcc may claim allou,able projcct cxpenditures made on July l, 2021 or afler for purposes ofmeeting its match
requircmcnt as identified above.
Reimbursement
tr
Match
tr
tr
tr
tr
C
D
!
tr
tr
tr
trx
o
tr
C
tr
tr
R.\ 8 8 :1121
-{ttachment 2-A
Ittl I
Each paymcnt rcquest submiftcd shall document all matching funds and/or match cllorts (i.e., in-kind scrviccs)
provided during thc period covercd by each request. The final payment u'ill not be proccssed until the match
requirement has been met. If, upon completion ofthis Project. actual Project costs arc lcss thao the tolal estimatcd
Project costs. and there are no pcnding payment requests. the Grantcc's required match may be reduced
proportionatcly. as long as at leasr a 50q/o match ofthe actual total cost ofthe ProJect is provided by the Grantec and
the reduced amount satisfies statutory and program rcqutemcnts.
8. InsuranccRcquircmcnts
Re uired Covera At all times during the Agreement the Crantee, at its sole expense. shall maintain insurcnce
coverage of such qpes and u'ith such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liabiliry and obligations under the
Agreement. All insurance policies shall bc through insurers liccnsed and authorized to issue policies in Florida. or
altemati\cly, Grantee may providc covcrage through a sell-insurance program established and operating under thc
larls of Florida. Additional insurancc requirements for this Agreement may bc requircd else&here in this
Agreemenl however the minimum insurance requircments applicable to this Agreemcnt are:a. Commcrcial Gcneral Liabilitv Insurance.
Thc Grantee shall providc adcquatc cornmercial gencral liability insurance coveragc and hold such liability
insurance at all times during the Agreement. Thc Dcpartment, its employecs. and officers shall be namcd
as an additional insured on any general liability policics. The minimum limits shall be 5250,000 for cach
occurrcnce and 5500.000 policy aggrcgate.b. CommercialAutomobilelnsurance.
lfthc'Grantee's duties include the use ofa commercial vchicle. the Grantee shall maintain automobilc
liability. bodily injury, and property damage coverage. lnsuring clauses for both bodily injury and property
damagc shall provide coverage on .Ln occurrence basis. The Department. its cmployces, and officcrs shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
fo llows:
$200.000/300.000 Automobile Liability for Company-Owned Vehicles. ifapplicable
$200.00Oi 300,000 Hired and Non-o\ined Automobile Liabilitv Covcragec. Workcrs' Compensation and Employer's Liability Covcrage.
Thc Grantcc shall provide workers'compensation, in accordance uth Chaptcr 4.10. f.S. and employcr
liability coverage with minimum limits ofS100,000 pcr accident, $100,000 per pcrson. and $500.000
policy aggregate. Such policics shall cover all cmployees engaged in any work under rhe Glant.d. Othcr Insurance. None.
9. QualityAssuranceRequirements,
There are no spccial Qualiry Assurarcc rcquirements undcr this Agreement
10. Retainagc.
No retainage is required under this Agreeme[t
11, Subcontractitrg.
The Grantee may subcontract work under this Agreement without the prior written conscnt of the Departmant's
Grant Managcr cxccpt for certain fixcd-price subcontracts pursuant to this Agreement. which require prior approval
The Grantcc shall submit a copy of thc cxecuted subcontmct to the Department prior to submifting any invoiccs ftrr
subcontracted uork. Regardless ofany subcontract, the Grantce is ultimately rcsponsiblc for all work to be
performed undcr this Agreemcnt.
12. State-owned Land.
The work \,'ill not bc pcrformcd on Statc-o\aned land
Attachment 2-A
2 oi3
13. Officc of Policy and Budgct Reporting.
There are no special Office ofPolicy and Budget reporting requirements for this Agreement.
Rev.8,il20:l
14. Common Carrier.a. Applicable to contracts \r'ith a common carricr firrnrpersoD corporation that as a regular business
transpons pcople or cornmoditics fiom place to placc. tf applicable. Contractor must also fill out and
retum PUR 1808 before contract execution. IfContmctor is a common carrier pursuant lo section
908.1 I 1( I )(a), Florida Statutes, the Department will terminate this contract inmediately ifContractor is
tbund to be in violation ofthc law or the attestation in PUR 1808.
b. Applicablc to solicitations for a common carrier Bctbre contract cxccution, the $-inning Contractor(s)
must fll out and rctum PUR 1808, and attest that rt is not willfully pmviding any servicc in furtherance of
transporting a pcrson into this state kno$ing that thc pcrson unla,;r'fully present in the Unitcd States
according to thc terms ofthe fedcral lmmigration and Nationality Act,8 U.S.C. ss. I l0l et seq. The
Department \r'ill terminate a contact immediatcly if Contractor is found to be in violation ofthc law or thc
attestation in PUR 1808.
Re\ N r lll:l
Attachmcnt 2-A
I ol'l
STATE OF FLORIDA
DEP.\RT\IE\T OT' E\\'IRO\\IE\TAI- PROTECTIo\
RE\'ISED G R,{}_T WORK PLA\
.{CREE\IENT \O. 22FRP23
ATTACH}IENT 3-A
PROJECT TITLE: Dania Beach SW 54th Court Stormwater Improvement
PROJECT LOCATION: The Project is located in the City of Dania Beach within Broward County.
Florida.
PROJECT DESCRIPTION:
The City of Dania Beach (Grantee) will implement the Dania Beach SW 54th Court Stormwater
Improvcmcnt (Project) includcs the installation of ncw catch basins inlets, drainage piping and rcgradcd
srvales. A stormwater pipc network consisting ol l5-inch and l8-inch Reinlbrced Concrete Pipes uill be
installed along SW 54th Court connecting the lowJying areas ofSW 54th Court. This proposed stormlvater
systcm will connect to a stormwater systcm that already exists on SW 40th Avenuc cast of thc projcct site.
This intcrconnection will allow stormwatcr on SW 54th Court to discharge into a lake located north of the
project site. Water qualitv treannent will be provided to the project area by regrading grassy areas within
the right-of-way into srvales. Overall. the proposed stormrvater improvements will alleviate tlooding
throughout SW 5.1th Coufl and provide additional water quality treatment and storagc prior to dischargrne
into the Iake north ofthe site. This project includes construction actiyities only.
TASKS AND DELIVERABLES:
Description: The Grantcc will construct stormwater impro\cmcnts on SW 5.16 Court uhich includcs new
catch basin inlets, drainagc piping and rcgrading swales, and intcrconncction u.ith SW 40'h Avenue
stormwater system, in accordance with the construction contract documents. Project costs associated with
the Clonstruction task include work approved through construction bids andr'or construction-phase
enginecring and monitoring scrviccs contracts. Eligiblc activities may includc mobilization.
demobilization. construction observation or inspection sen'ices. physical and environmental surveys. and
mitigation projects. Construction shallbe conducted in accordance rr'ith all Iocal, state. and federal permits.
Deliverables: Thc Grantcc will submit:. l.l: List ofpermit type, number, and issuing entity for all local, state, and federal permits required
lbr the Project;o 1.2: A copy ofthe final design and record (as-built) drawings;. 1.3: A Ccnificate ofCompletion signcd by a Florida-registered Professional Engineer; and. 1.4: Coordinatc tinal site visit with Departmcnt and submit the Closeout Sitc Visit Form received
tiom assigned Field Agent.
PERFORMANCE MEASURES: The Grantee will submit all deliverables lor each task to the
Departmcnt's Grant Manager on or beforc the Task Due Date listed in thc Project Timelinc. The
Depanment's Grant Managcr will revicw thc deliverable(s) to \ eril\' that they mcct the specit-icarions rn
the Crant Work Plan and the task description. to include any work being performed by any subcontractor(s).
and will provide written acceptance or denial ofthe deliverablc(s) to thc Grantee within thirty (30) calcndar
days. Tasks may includc multiplc deliverablcs to be complctcd. The Depanment will accept partial and full
DEP Agreement No.: 22FRP23
Page I of2
Rer. I l l.l-l
Task I - Construction
CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the
Department at one hundred percent (100?;) completion and by the specihed due date listed in the
Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding
Amount(s) paid to Crantcc in proponion to the percentage of thc dclivcrablc(s) not fulll completed and/or
submitted to the Department in a timely manner.
PAYMENT REQUEST SCHEDULE: Following the Grantce's full or partial completion of a task's
dclivcrable(s) and acceptancc by thc Dcpartmcnt's Grant Manager, the Grantec may submit a payment
request fbr cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment
requcsts must be accompanicd by thc Dclivcrable Acceptancc Lctter: the Exhibit A, Progress Rcport Form.
dctailing all progress madc in the invoicc pcriod: and supponing fiscal documentation including match. if
applicable. Interim pa-vments will not be accepted. Payment requests will not be accepted until all required
Exhibit A, Progress Rcport Forms, have bccn submitted to the Dcpartment's Granl Manager for all rcponing
periods dating back to thc Agrccment Bcgin Date. Upon thc Dcpartment's receipt of the aforemsntioncd
documcnts and supporting liscal documcntation, thc Dcpartmcnt's Grant Manager will have tcn (10)
rvorking da1's to revierv and approve or deny the payment request.
PROJECT TIN! ELINE AND BUDCET DETAIL: Thc tasks must be complctcd by, and all dclivcrables
receivcd by, the corresponding task duc datc listed in the tablc bclow. Cost-rcimbursable grant tunding
must not exceed the budget amounts indicated below. Requests fbr any change(s) must be submitted prior
to thc currcnt task due datc listcd in thc Projcct Timclinc. Rcquests are to be sent via email to the
Depanmcnt's Grant Managcr. with the dctails of thc rcqucst and thc reason for thc request made clcar.
DEP Agreement No.: 22FRP23
Page 2 of 2
Task
No.Task Title Budget
Category
DEP
Amount
IIatch
Amount
Total
Amou[t
Task Start
Date
Task Due
Date
I Construction Contrachral
Services s350.000 $350.000 s700.000 Upon
Execution 06t3012026
Total:s150.000 s350,000 s700.000
Rer. l .l l.l-l
deliverables. Incomplete deliierables will not be accepted. A "partial deliverable" is detined as a
deliverable consisting of one ( I ) or more (but not all) subcomponents listed in the deliverable list tbr a
single task. where such subcomponent(s) are delivered to the Department at one hundred percent ( 10070)
complction. A "full dclivcrable" is defincd as a deliverablc comprising all subcomponcnts Iisted in the
deliverable list for a single task, all delivered to the Department at one hundred percent (10070) completion.
An "incomplete deliverable" is defined as a deliverable for which one hundred percent ( 100%) completion
has not becn achieved for any ofthe subcomponents listed in thc deli\erable list for a singlc task. A task is
considered one hundred percent (100%) complete upon the Department's receipt and approval of all
deliverable(s) listed within the task and the Department's approval provided by the Deliverable Acceptance
Letter.
STATE OF FLORIDA
DEP-\RT}IENT OF ENVIRO]\INIE\TAL PROTECTION
Revised Special Audit R€quirem€nts
(State and Federal Financial Assistance)
Attachment 5-A
The administration of rcsourccs ara arded by thc Department of Environmental Proteclion (which may be reJbrred n
as lhe "Department", "DEP", "FDEP" or "Granktr", or other narie ih the agreement) lo the rcciprent \thich ma| be
referred to as the "Recipient", "Grantee" or other ndme in the agreemen4 may be subject to audits and/or monitoring
by the Department ofEnvirQnmental Protection, as described in this attachment.
MoNIToRING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200. Subpan F-Audit Requirements. and
Scction 215.97. F.S.. as reliscd (see 'AUDITS" below). monitoring procedures may include. but not bc limired to.
on-site visits by DEP Department stafi limited scope audits as defined by 2 CFR 200.425. or other procedures. By
entering into this Agreemcnt, thc recipient agrccs to comply and coopcrate with any monitoring proccdurcs/processes
deemed appropriate by the Depadment of Environmental Protection. ln the event the Depanment of Environmental
Protection dctcmincs that a limited scope audit ofthc rccipient is appropriate, the recipicnt agrccs to comply with any
additional instructions provided by the Department to the rccipient regarding such audit. The recipient further agrees
to comply and cooperate [ith any inspccrions. rcriews. investigrtrons. or audits dccmcd necessan'by thc Chief
Financial Officer (CFO) or Auditor General.
,A.UDITS
PART I: FEDER{LLY FUNDED
This part is applicable ifthe rccipicnt is a State or local govemment or a non-profit organization as defined in 2 CFR
s:00.330
A recipient that expcnds S750,000 or morc in Fcderal awards in its hscal year, must have a single or program-
specific audit conducted in accordance with the provisions of2 CFR Pan 200, Subpart F. EXHIBIT 1 to this
Athchment indicatcs Federal funds awarded through thc Dcpartmenl of Environmenlal Protection by this
ASreement. In detcrmining thc fedcral awruds expended in its fiscal year, thc recipient shall considcr all
sources of federal awards, including federal resources received frqm the Depanmcnt of Environmental
Protection. The determination of amounls of federal a$'ards expended should be in accordance $.ith the
guidelines established in 2 CFR 200.502-503. An audit ofthe recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements ofthis parr.
For the audit requirements addressed in Part l, paragaph l, the recipient shall t'ultill the requirements relative
to auditee responsibilitics as providcd in 2 CFR 200.508-512.
A rccipient that cxpcnds less than 5750.000 in federal au ards in its fiscal year is not required to have an audir
conducled in accordance with the pmvisions of 2 CFR Pan 200, Subpart F-Audit Requircmcnrs. If the
recipient expends lcss than 5750,000 in f'cdcral au'ards in its fiscal year and eiects to havs an audit conductcd
in accordance with thc provisions of 2 CFR 200, Subpart F-Audit Requiremcnts, thc cost of the audit must
bc paid ftom non-t'cderal resowces (i.c.. the cost of such an audit must bc paid fiom recipient rcsourccs
obtained from other l'ederal entities.
The recipient ma1'access information regarding the Catalog of Fedeml Domestic Assistance (CFDA) ! ia the
internet at https :/, sam.so\, /ceqtent/assistarce-listings.
l
BGS.I)IPJ5:I5
Attachment 5-A
I of6
rc\ rr.d 1l s:ol:
P.\R I II: SIATE FL \DED
This part is applicable if thc rccipient is a nonstatc cntit-y as dehned by Section 2 I 5.97( f). Florida Statutes
In the eyent that the recipient expends a total amount of state financial assistance equal to or in excess of
5750,000 in any hscal year ofsuch rccipient (for fiscal years ending Junc 30. 2017. and thereafter). the
rccipient must have a Statc singlc or proJeclspecific audit for such fiscal ycar in accordance with Section
215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial ,\ssistancci and Chapters 10.550 (local
governmental entitics) or 10.650 (nonprofit and for-profit organizations), Rulcs of thc Auditor General.
EXHIBIT 1 to this lbrm lists thc state financial assistance awardcd through the Department ofEnvtonmcntal
Protection bv this agreemcnt. ln dctcrmining the state financial assistancc cxpcnded in its fiscal year. thc
recipient shall consider all sourccs oi state financial assistance. including statc linancial a.ssistance received
l'rom the Department of Environmcntal Protection, other statc agencics. and othl.r nonstate entities. Statc
financial assistance docs not includc f'ederal direct or pass-tkough awards and resources received by a
nonslate entiq for Federal program matching requirements.
In connection \\'ith the audit requirements addressed in Part ll. paragraph l: the recipient shall ensure that the
audit complies uith the requirements of Section 215.97(8), Florida Statutcs. This includes submission of a
financial repoiing package as defined by Section 215.97(2). Florida Statutes. and Chapters 10.550 (local
govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthc Auditor Gcncral.
II thc recipient expends less than $750.000 in state financial assistancc in its llscal year (for fiscal year ending
Junc 30. 2017, and thereaftcr). an audit conducted in accordance with thc provisions of Section 215.97,
Florida Statutes. is not required. ln the event that the recipient expends less than 5750.000 in state financial
assistance in its fiscal year. and clccts to havc an audit conductcd in accordancc r.l'ith thc provisions ofSection
215.97. Florida Statutes. the cost of the audit must be paid from the non-state entit\''s resources (i.e.. the cost
of such an audit must be paid from the recipient's resources obtained fiom othcr than Statc cntities).
For inlormation rcgarding thc Florida Catalog ofState Financial Assistancc (CSFA). a recipient should access
the Florida Single Audit Act ucbsitc located at hnos://apos.fldls.com'lsaa lbr assistance. ln addition to thc
above rvebsites. the folbqing wcbsitcs may be accessed for information: L!'gislature's Websitc at
l
.l
httD:, illar-t\'. les. slate. fl . us/Welcomc/indcx.clil . Statc of Florida's wcbsitc at httD:r'wrr\\'.mvflorida.com/.
Dcpartmcnt of Financial Senices' Website at hflp://ww1!.fldfs.con and thc Auditor General's Website at
httrr:.//'\&1l1!'.myfl orida.com/aud gcr/.
PAR'l' Ill: OTHIR AUDIT REQtiIREMENTS
INOTE: This part would be used to speL-ify, any additional audit requirer ents imposed by the State awdrding entit!-
tfutt dre solely d manet of that State awar.lihg ehtity's polict (i.e., lhe audit is nol reqtrired by Federal or State laws
dhd is not ih conJlict with other l'ederal or Slate a dit requiret ents). P rsudnt to Section 2 1 5.9718), Florida Stal tes,
State agencies nay conduct or arrangeJitr adits o1 Statefnancial assistance thal are ifi dddilion lo dudits conduaed
in aconlance u,ith Section 21 5.97, Florida Statutes. ln such an evenL the State a\+anling agency mrst arrange Jor
litnding the full cost ofsuch additional audits.)
P,\R I I\ : IIEPORT St B\lISSIO\
Copies of reporting packagcs fbr audits conducted in accordance with 2 CfR Part 200. Subpart F-Audit
Requirements, and required by PART t ofthis tbrm shall be submifted, when required by 2 CFR 200.512, b1
or on behalfofthe rccipicnt dircctlv to the Federal Audit Clea nghousc (FAC ) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR $200.501(a) (the number ofcopies required by
2 CFR {200.501(a) should be submtted to th€ Federal Audit Clearinghouse). at the follouing addrcss
lr(is-l)liP 5i,tli
Attachment 5-,4
I of6
rc\r'cd 1l 8:l)ll
I
I
l
By Mail
Federal Audit Clearinghouse
Bureau of the Census
l20l East loth Sreet
Jcffersonville. IN 47132
Submissions ofthe Singlc Audit reporting package for fiscal pcriods cnding on or after January l,
2008, must be submittcd using the Fedcral Clearinghouse's lntcrnct Data Entry System $'hich can
be found at htm:rharycstcr.ccnsus. gov/facweb/
Copies of financial reporting packagcs required by PART II ol this Atbchmcnt shail be submitted by or on
hehalfofthe recipient dircctly to each ofthe follo!1ing:
A. The Depanment of Lnr ironmental Prorection at one of ihc tbllou ing addresses:
By Mail:
Audit Director
Florida Departmcnt of En!ironmental Protection
Office of lnspector General, MS 40
3900 Commonwcalth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor Gcncral's OfIice at the following address
Auditor Gcneral
Local Govemment Audits,'3,12
Claude Pcppcr Building, Room 401
I I I West Madison Street
Tallahasscc. Florida 32399- 1450
The Auditor Gcncral's uebsite /i Ilauditor provides instructions for filing an
electronic copy ofa financial reporting package
Copics of reports or management letters rcquired by PART III ofthis Attachmcnt shall be submitted by or
on behalf of the recipient directlv to the Department of Enviro nental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Depanment of Envircnmental Protection
Oflice of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
Electronically:
FDEPSinsleAudit(aider,.state.fl .us
Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agrccmcnt shall be submitted timcly in accordance with 2 CFR
200.512. section 215.97, F.S.. and (lhapters 10.550 (local govermental entities) or 10.650 (nonprolit and
for-profit organizations), Rulcs ofthe Auditor Gcncral, as applicable.
l
B(is-DtP 55-l l5
Electronically:
FDEPSinglcAudi(a dcp.statc.fl .us
Attachment 5-A
3 of6
re!ised t li 3'l0l:
Recipicnts. whcn submitting financial reporting packages to the Department ofEnvironmental Prctcction for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requiremcnts. or Chaptcrs 10.550 (looal
govemmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETE\TION
The recipient shall rctain sufficient records demonstrating its compliancc *ith thc tcrms of the award and this
Agrccmcrt for a period o1'five (5) years from the date the audit report is issued. and shall allow the Depaflment of
Environmental Prorcction, or its designee, Chief Financial Officer. or Auditor Ceneral access to such rccords upon
request. The recipient shall ensure that audit working papers are madc availablc to thc Dcpartmcnt ofEnvironmental
Protcction. or its dcsigncc. Chicf Financial Ofticcr. or Auditor Gcneral upon request for a period of three (3) years
from the date the audit repora is issued, unless extended in rvriting b"v the Depanment ofEnvironmental ProtectioIr.
BGS DEP 55-t r5
Attachment 5-A
'1of6 reuscd I1,812022
EXHIBIT I
FUNDS AWARDIJD TO 'IIIE RECIPIENT PUITSUANT TO THIS AGREEMENT C]ONSIST OF THE IOLLOWING
ral resources owarded
Federal llesources Awarded to the llecipient Pursuant to this Agreemert Collsist of the Following:
Federal
Program
F'cdcrll Agcnoy
CFDA
Number CFDA Iitlc Funding Amount
Statc
Appropriation
Catcgory
SLFRPO]25 $350,000.00Origina)
Agreement
U.S. Dcpartmcnt of
Treasury
l.'cdcral AEcncy
CFDA
Numbcr CFDA Titlc Funding Amount
Statc
Appropriation
Category
Federal
Program
B
S
Note. OI the resource,s uwartled to the recipient repre.rent more than one.federal progrdm, lL\t applicable compliance requirements lbr eoch lbderal progrdm in
the sdme ma fiel d., .rhown bclow;
Fcdcral
Program firsf Compliancc rcquircmcnti i.c.: (rvhat scrviccs ol purposcs rcsourccs fiusI bc uscd fir)
Second Compliance requirementi i.c.:(cligibility requilenrcnl li)r rccipir:nls oIlhc resources)
Etc
Etc
First (lompliancc rcquircmcntt i.e.r (lvhal scrviccs ol puryoscs rcsrlurccs musl hc uscd lor)
Sccond Compliancc rcquircmcntr i.c.r (cligibility rcquircmcnt tir rccipicnts ofthc rcsourccs)
Elc
Attachment 5-A
5 of 6
2t .02'1 152-D22
Federal
Program
B
Etc.
dnd show totdl slote rcs()urces dwdrdeLl
totdl state las,;istuntt awordcrl lhdt is suh ect h .\c(li),l 215.97, F.S
State Rcsources Awardcd to thc Rccipicnt Pursuant to this Agrcemcnt Consist of the Following Matchins Rcsourccs lbr Fcderal Programs
Fcdcrirl Agcncv CFDA CIFDA Titlc Funding Amount
Statc
Appropriation
Catcgory
Federal
Program
B Federal Agency C]FDA CFDA,I.itIe F'unding Amount
Slatc
Appropriation
Category
State Resources Alrarded to the Recipient Pursuant to this Agreement Consist ofthe Following Resources Subiect to Section 2I5.97, F.S.:
State
Program
A Statc Awarding Agcncy
Statc
Fiscal Ycarr lrunding Sourcc Dcscriptiorl
CSFA Titlc
or
liunding Anmunl
S1a1c
Appropriation
Catcgory
State
Plogram
B Statc Awarding Agcncy
Statc
F'iscal Yclr2
csr.'A
Number Fundinc Sourco Description
CSFA Titlc
ot'
Funding Amount
Slatc
Appropriation
Catecory
Total Award $350,000.00
for DEP.for.federul progrdms, the requiremetts might be similar to the requiremenls for the applicable federal programs. Also, lo lhe extent thut diffcrent
For cach program identified abovc, thc recipicnt shall comply with thc program rcquircmcnls dcscribcd in thc Catalog ()1'Fcdcral Domcstic Assistancc (CFDA)
lhttpsr//sam.gov/co ] and/or the f'lorida Catalog of Statc ]'inancial Assistancc (CS]'A) [httos://apps.lldl's.com./fsa:r/searchcatalos.aspx], and
Statc Projccts Compliancc Supplcmcnt (Part Four: Statc Projccts Compliancc Supplcmcnt Urtfirs://apns.fdfs.com/fsaa./statc projcclcompliancc.aspx]. Thc
scrviccs/purposcs ibr which lhc funds arc to be used arc included in thc Agrecment's Grant Work Plan. Any match requircd by the Recipicnt is clcarly indicatcd
in the Agrecmcnt.
Subjcct to changc by Changc Order
'? Subject to change by Change Order
Attachment 5-A
6 of6
!-ederal
Progr{m
CSFA
Number
r
ST-{TE OF FLORIDA
DEPART}IE\T OF E\\'IRO\NIE\TAL PRO'I'[ CI'IOi\
REVISED PROGR,\\I-SPECIFIC REQTTIRENIE\TS
RESILIE\I T LORID.{ PROGR\NI
,4.TTACHME\T 6-A
L Sea Level Impact Proiection Study Requirement. If a statc-fundcd construction project is located within an
area where a Sea Level Impact Protection (SLIP) study is required pursuant to the rclevant Florida Statute (s.
161.551, Florida "trdlrres (F.S.), bcforc July 1. 2024; s. 380.0937, F.S.. beginning July 1, 2024, and
therealier), the Grantee is responsible tbr conducting such a SLIP study and submitting the rcsulting report to
the Depadment. The SLIP study report must be received by the Department, approved by the Department-
and published on the Department's website tbr at least thirty (30) days before constmction can commence.
Upon submission to the Department, SLIP study reports must meet all relevant statutory requirements, as
well as the thcn-currcnt standards and critc a indicated in Chapter 625-7, Floridd ,'ldministratire Code.
2. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal,
statc, or local permit will be issued for a particular activity. Thc Gmntec agrees to ensure that all necessary
permits are obtained prior to implementation of any g.ant-furdcd activity that may fall under applicable
fedeml, state, or local laws. Further, thc Gr.urtee shall abide by all terms and conditions of each applicablc
permit for any grant-funded activity. Upon rcqucst, the Grantee must provide a copy of all acquired and
approvcd pcrmits for the project.
CoDwight, Patent and Trademark. The Department reserves a royalty-ticc. nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorizc othcrs to use, for state govemment purposes:
I
a. The copyright in any uork developed under this Agrecment; and
b. Any rights or copyright to which the Grantee or subcontactor purchases owflership with grant support
Crant funds may not be used to support ongoing efforts to comply u'ith certain legal requirements or actions
that *ere unanticipated, non-existent. or unknown to the Deparfinent at the time of this Agreement's
execution, including regulatory and pcrmit compliance requirements. non-compliance and citation fees, fees
resulting from unanticipated permit conditions, settlement agrccments, and compliance with formal or
intbrmal enforcement actions to rcsolvc violations ofapplicable rules and statutes (including consent orders,
Closed Without Official Enforcement agreemcnts, and similar enforcement actions). Crant funds may bc
utilized to support ongoing cllorts to comply with pemit-required conditions, as approved by the Resilient
Florida Program (c.g., prc-, during-, and post-conshxction monitoring and mitigation effons).
Fundilg Source. With the exception of audiovisuals not intcDded for presentation to the general public that
are produced cithcr as rcsearch instruments or for documeating cxpcrimentation or hndings (unless othenvise
required under the special terms ofthis Agreement), Grantee agrees to includc the Department's logo ($'hich
can be found on the Department's wcbsitc at: httDs://floridadep.gqy or by contacting the Crant Manager for
a copy) on all publications, printed reports, maps. audiovisuals (including videos. slides, and *ebsites), and
similar materials, as well as the tbllowing language:
"This work was funded in part though a grant agreement fiom the Flo da Depanment of Environmental
Protection's Office ofResilience and Coastal Protection Resilient Florida Program. The views, statements,
Rev. 2.1.2,1
Attachment GA
Page I of 2
)
6
3. Attachment 3. Grant work Plan, Performance Mcasures. All deliverables and reports submitted to the
Department should be submitted electronically and must be compliant with the Americans with Disabilities
Act, also known as "508 Compliant," in all lormals provided.
S
9
tindings. conclusions, and recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views ofthe State of Florida or any ofits subagencies. '
7. Final Proiect ReDort. The Grantee must submit Exhibit F, Final Prqect Report Form, prior to requesting final
payment. The Final Project Repon may be submitted in Ueu of the final quanerly status report, only in
instances where the next quarterly report falls afier the project's completion date.
cct Photos. The Grantec must submit Exhibit G. Photo Release Form. with the first submission ol
delivcrcblcs and rcpons (Exhibit A and F) that inclLrdc photos.
Contractual Services. For all grant agreemcnts that include Contmctual Serviccs as an expenditurc catcgory,
thc Crantee must submit Exhibit H, Contraclual Scn'ices Certification, and all required supporting
documcntation for all contractors conducting work under the grant agreement, prior to requesting paymcnt
that includcs conffactual scrviccs.
10. Vulncrabilit! Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional
Rcsilicnce Entiries), the Grantee must submit Exhibit I. Vulnerability Asscssment Compliance Chccklist
Cenification, \r'ith the final grant deliverable(s).
I 1. Geosranhic Intbmation Svslem (IS) files and associated metadata. All GIS liles and associated metadata
must adhere to the Resilient Florida Program's OIS Data Standards (found on the Resilient Florida Program
rvebsite: https :1/fl oridadeo. eov/rcn,'resilient-fl orida-rrro documents/resiIient-fl o da-Drocram-sis-data-
514g!g4!q). and ra,a data sources shall be defined within the associated metadata.
ll. Statc and Local Fiscal Recoven'Funds. For all grant agrccmcnts funded tith thc Coronavirus State and Local
Fiscal Rccorery Funds (SLFRF) under the Amcrican Rcscue Plan Act, the Grantee must submit thc SLFRF
Rcponing Requirements Form upon execution ofthe grant agreement.
Attachmcnt 6-A
Page 2 of 2
R*. 2.1.2.1
The ncxt printed line must idcntit) the month and year ofthc publication.
The Depanment. as a Non-Federal Entity as defined by 2 CFR 9200.69. shall compll rvirh the follorving
provisions, where applicable. For purposes of this Grant Agreement betlleen the Dcpanment and the Grantcc.
the term "Rccipicnt" shall mean "Grantce."
Furthcr, thc Dcpartment, as a pass-through cntity. also requircs the Grantce to pass on these requiremcnts to all
lowcr ticr subrecipients/contractors, and to comply with the provisions of the award. the SLFRF implcmcnting
regulation. including applicablc provisions ofthe OMB Uniform Guidance (2 CFR Part 200), and all associated
tems and conditions. Therefore, Grantees must include these requirements in all related subcontracts and/or sub-
arvards. Grantces can include thcse rcquircmcnts by incorporating this Athchmcnt in the related subconracl
andtor sub-ar.lards, however for all such subcon[acts and sub-auards, thc Grantec shall assume the role ofthc
Non-Federal Entity and the subrecipients shall assume the role ofthe Recipient.
2 CFR P,{R'I' 2OO APPENDIX 2 REOUIRE}IENTS1- Administrative. Contractual. and l-cral Remedics
The following provision is requircd ifthe Agreement is for morc than $ 150,000. In addition to any ofthe remcdics
described elseuhere in the Agreement, ifthe Recipient materially t'ails to comply with the terms and conditions
ofthis Contract. including any Federal or State statutes, rulcs, or regulations. applicable to this Contracr, the Non-
Federal tntity may take one or morc ofthe following actions.A. Tcmporarily withhold paymcnts pcnding concction of the deficiency by thc Rccipient.B. Disallow (that is, deny both use of funds and any applicable matching credit tbr) all or pan of the
cost ofthe actiyity or action not in compliance.C. Wholly or partly suspcnd or terminate this Contract.D. Take other remedics that may be legally availablc.
The remedies identifiedabove, do notpreclude the Recipient from being subjectto debarment and suspension under
Presidcntial Excculivc Orders 125.19 and 12689. The Non-Fedcral entity shall havc thc right to dcmand a rcfund.
either in u'hulc or pan. ofthe linds provided to the Recipient for noncompliancc with thc tcrms ofthis Agrcemcnt.l. Tcnnination tor Causc and ( onrcnicnce
Termination tbr Causc and Convcnicnce are addressed elsewhcre in the Agreement.J. Eoual Oooo itv Clause
The lollowing provision applies iflhe agreement meets the dcfinilion of"federally assisted construction contract"
as defined by .l I CFR Part 60-1.3:
During the performance ofthis Agreement. the Recipienr agrees as follows:A. The Recipienl rvill not discriminate against any employee or applicant fbr employment because ot
race. color- religion, sex. scxual orientation. gcnder identity. or national origin. The Recipicnt will
takc atfirmative action to cnsure that applicants arc employed. and that cmployces are treated during
employment $ithout regard to their rcce, color, religion, sex, sexual orientation, gender identiry, or
national origin. Such action shall include, but not bc limited to thc lollowing:i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoffor tcrmination; rates ofpay or othcr forms ofcompensation: and sclcction for training.
including apprcnticeship. The Recipient agrees to post in conspicuous places, availablc to
employees and applicants for employmenl. notices to be provided setting forth the prol isions
of this nondiscrimination clause-B. The Recipient u'ill. in all solicitations or adveniscments lbr employees placed by or on behalfoithc
Recipient, state that all qualificd applicants will rcceive consideration for cmployment u ithout regard
to race. color. religion. sex. sexual orientation, gender identity, or national origin.C. Thc Recipient will not discharge or in any other manner discriminatc against any
cmployee or applicant for cmployment becausc such employcc or applicant has inquired aboul.
discussed, or discloscd the compensation of thc cmployee or applicant or anather employcc or
applicant. This provision shall not apply to instances in rvhich an employee uho has access
to the compensation information of other employccs or applicants as a part of such cmplolce's
R.! ll l5 lr)ll
-\ttachment 8-A
I ot6
ATTACHMENT 8-A
Revised Contract Provisions for Coronavirus State and Local Fiscal Recoverv Funds
(SLFRF) Agreements
.l
essential job functions discloscs the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosurc is in
responsc to a formal complaint or charge, in furtherance ofan investigation. procceding, hearing, or
action, including an investigation conducted by the employer, or is consistent qith thc Recipient's
legal duty to fumish information.
D- The Rccipient will send to each labor union or representative of workers with which he has a
collectivc bargaining agreement or other Agreement or understanding, a notice to bc provided
advising the said labor union or q'orkers' representatives of the Recipielt's commitments under this
scction. and shall post copics of thc notice in conspicut'tus places availablc to cmployees
and applicants for employment.
E. The Rccipicnt will comply with all provisions ofExecutive Order I 1246 ofScptember 2.1, 1965, and
ofthe rules, regulations, and relevant orde$ ofthe Secretary of Labor.
F. The Recipient will fumish all information and reports required by Executive Ordcr 11246 of
Scptcmber 24, 1965, and by rulcs, regulations, and ordcrs of the Secretary of Labor. or pursuant
thercto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations. and orders.
G. In thc event ofthe Recipient's noncompliance u'ith the nondiscrimination clauses ofthis Agreement
or with any ofthe said rules. regulations. or orders, this Agrcement may be canceled, tcrminatcd. or
suspended in whole or in part and the Recipient may be declared ineligible for further Govemment
contracts or federally assisted construction contacts in accordancc with procedurcs authorized in
Bxccutive Order 11246 of Septembet 24, 1965, and such othcr sanctions may be imposed and
remcdies invoked as provided in Executive Order 11246 of September 2.1, 1965, or by rule,
regulation. or order ofthe Secretary ofLabor, or as otheru'ise provided by law.
H. The Recipient will include the portion ofthe sentence immediately preceding paragraph (l) and the
provisions of paragraphs ( I ) through (8 ) in every subcontract or purchase order unless exempted by
rulcs. rcgulations, or orders of thc Secretary of Labor issucd pursuant to section 20{ of Executive
Order I 12.16 ofseptember 2.{, 1965, so that such provisions will be binding upon each subcontractor
or vcndor. The Recipient will takc such action *ith rcspect to any subcootractor purchasc order as
(he administering agency may dircct as a means ofenforcing such provisions, including sanctions for
noncompliance.
I Work Hours and Sat'et Sta
Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or
laborers. the Rccipicnt must comply with 40 U.S.C. 3702 and 3704, as supplcmcntcd by Department of Labor
regularions (29 CfR Part 5). Under 40 U.S.C. 3702 ofthe Act. each Recipicnt must be required to computc thc
wages of er ery mcchanic and laborer on the basis of a standard u.ork weck of -10 hours. Work in cxccss of the
standard u'ork week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate ofpay lor all hours worked in excess of40 hours in the work week. The rcquircmcnts of
,10 U.S.C. 3704 arc applicable to construction work and provide that ne laborer or mechanic must bc rcquired to
'r.l,ork in surroundings or under working conditions thich are unsanitary, hazardous. or dangerous. These
requirements do not apply ao the purchases of supplies or materials or articlcs ordinaily availablc on thc opcn
market. or contracts lor transpofiation or transmission olintelligence.
5. Riehts to Invcntions Made Under Asrecment
lfthe Federal auard mcets the definition of"funding agreement" under 37 CFR $'101.2 (a) and the Non- Federal
Entity or subrecipient $'ishes to enter into a contract $'ith a small business firm or nonprofit organization
regarding the substitution of partics. assignmcnt or performancc ofcxpcrimcntal. dcvelopmcntal. or rcscarch
worl under that "llnding agreement," the Non-Fcderal Entiq or subrecipient must comply with the rcquirements
of 37 CFR Pan 401. -Rights to lnventions Made by Nonprofit Organizations and Small Business Firms Under
Govemment Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.6. Clean air Act (42 U.S. C. 7401-7671q.). thc F I Water PollutioD Control Act (33 U.S.C. l25l-
l3ll7). and I-.PA Rcsulations
lfthe Agreement is in cxccss of S100,000, the Recipient shatl comply with all applicable standards, ordcrs or
regulations issued pursuant to the Clean Air Act (42 U.S.C. 7.101-7671q) and the Federal Water Pollution Control
Rev. l1 15 202:
AttachmeDt 8-A
2 of6
Act as amended (33 U.S.C. l25l-1387). and by rhc EPA (40 CFR Part l5). Violations must be reportcd to thc
Federal Awarding Agency and the Regional Oflice ofthe Environmental Protcction Agency (EPA).
i. Thc Grantee shall includc thesc requirements for the Clean Air Act and the Fedenl Watcr Pdlution
Act in each subcontract exceeding $ 100,000 financed in whole or in part with SLFRF funds.
7. Debarment irnd Suspension (Executive Orders 125,19 and 126{i9)
The Recipient ccnifies that it is not listed on the govemmentwidc cxclusions in the Systcm for Award
Managcmcnt (SAM). in accordancc with thc OMB guidelines at 2 CFR 180 and 2 CF 1200 that implcmcnt
Executive Orders 125,19 (3 CFR part 1986 Comp.. p. 189) and l:689 (3 CFR part 1989 Comp.. p. 235),
"Debarment and Suspension."8. Bvrd Anti-Lobbvine Amendment (31 U.S.C. 1352)
The Recipient cc(ifics that it will not and has not used Federal appropriatcd funds to pay any pcrson or
organization for influencing or attempting to influence an officer or cmployee of any agency, a mcmber of
Congress, officeror employee ofCongress, oran employee ofa member ofCongress in connection with obtaining
any Federal contract, grant or ally othcr a'*ard covered by 3l U.S.C. 1352. tf applicable, the Rccipicnt shall
disclose any lobbying with non-Fedcral funds that takes place in comcction with obtaining any Fedcral award.
using form SF-LLL. available at:
htms:r, aoolv07.!:ranls.stll,/annlvlfo sample/SFLLL I 2 P-Vl.2.pdli. Grantees who apply or bid for an award of $100.000 or more shall file the required cenification.
Each ticr certities to the tier above that it will not and has not used federal appropriatcd t'unds to pay
any pcrson or organization for influencing or attempting to influence an officer or cmploycc of any
agcncy. a member of Congress, officer or employec of Congress, or an employee of a mcmbcr of
Congress in connection with obtaining any federal contract. grant, or any other award covered by
3l U.S.C. { 1,152. Each tier shall also disclose any lobbying with non-fedeEl tunds that takcs placc
in conncction with obtaining any federal award. Such disclosures are fonvarded lrom ticr to ticr. up
to thc recipicnt.9. Procurcment of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act. as amended by the Resource
Consenation and Rccovery Act as described in 2 CFR part 200.322.
I 0. Prohibititrn on Certain Telecommunications and Video Surveillancc Services or Eouioment
The Recipients and subrecipients are prohibitcd from obligating or expending laan or grant funds to procurc or
obtain: extend or renew a contract to procure or obtain: or enter into a contract (or extend or renew a contract) to
procurc or obtain cquipmcnt, services, or systems that uses covered telccommunications cqurpmcnt or services
as a sub$antial or csscntial component ofany system. or as critical technology as partofany systcm. Se!' Section
889 ofPublic Lau I l5-232 (Natronal Defense Authorization Act 2019). Also. see 2 CFR 200.216 and 200.471.
I l. Domestic Pref'eren es for Procurement
The Recipients and subrecipients must. to the greatest extent practical, givc preference to the purchase.
acquisilion, or use ofgoods. products. or materials produced in the United States in accordance with 2 CIR
20o.322.
Rights to inventions madc undcr this assistance agreement are subject to federal patent and licensing rcgulations
$hich arc codillcd at Title 37 CFR Part 401 andTitle35 U.S.C. 200 throush 212.
iancc'q ith the Traffi Victims n 000
Recipients, their employees, subrecipients under this award, and subrecipients' employees may not:
A. Engage in severe forms oftraflicking in persons during the period of time that the award is in cffect;
B. Procure a commercial sex act during thc pcriod of time that the award is in effect; or
C. Use forccd labor in the performanca of thc award or subawards undcr thc award.4. WhistlcblowcrProtection
Recipients shall comply uith U.S.C. $.1712. Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requircmcnt applies to all awards issued after July l. 2013 and cffcctive
Decembcr 1.1, 201 6 has been pemanently exte ndcd (Public Law (P.L. ) I 1,1-261 ).
Rli 1l l5 2l)21
.\ttrchment 8-A
-l of 6
ADMINISTRATIVEl. Gcncral Fcdcral Resulalions
Recipients shall comply with the rcgulations listed in 2 CFR 200. 48 CFR 31. and 40 U.S.C. ll0lerseq2. Rishts to Patents and lnventions Made Under a Contact or Agreement
A. This award. .elatcd subawards, and related contracts over the simplified acquisition threshold and all
employees working on this award, relatcd subauards, and related contracts over fie simplified
acquisition thrcshold are subject to thc whistlcblor!cr rights and remedies in thc pilot program on award
recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the
National Defensc Authorization Act lor Fiscal Yqar 2013 (P.L. ll2-2391.B. Recipients, thcir subrecipients, and their contractors awarded contacts over the simplified acquisition
threshold related to this au'ard, shall inform their employees in writing, in the predominant language of
the *'orkforce, ofthc emplo-vee uhistleblower rights and protcclions under4l U.S.C. 4712.
C. The Recipient shall insert this clause. including this paragraph C. in all suba\4ards and in conracts over
the simplificd acquisirion threshold relatcd to this award: best effons should be made to include this
clause. including this paragraph C in any subawards and contacts awarded prior to the effective date of
this provision.
5. Notification ofTcrmination (2 CFR $ 200.340)
In accordance with 2 CFR $ 200.340, in the evcnt that thc Agreement is terminated prior to thc cnd ofthe period
of performancc duc to thc Rccipient's or subcontractor's matcrial lbilure to comply with Fcdcral statutes,
regulations or the terms and conditions ofthis Agreement or the Federal award, the termination shall be reported to
the Otfice of Managemcnt and Budget (OMB)-designated integrity and pertbrmancc systcm. accessible through
System for A\^,ard Managcmcnt (S,A.M) currently the Iederal Awardee Performance and Intcgrity Information
System (FAPIIS). Thc Non-Fcdcral Entity rlill notiry thc Rccipient ofthe termination and th!'Fcderal
requirement to repon the termination in FAPIIS. See 2 CFR $ 200.3-10 for the requirements of the notice and the
Rccipient's rights upon termination and lollowing termination.
6. AdditionalLobbvingRequirementsA. The Recipicnt certifics that no firnds provided under this Ageement have been uscd or will bc used to
engage in the lobbying of the Federal Govcmment or in litigation against thc United States unless
authorized under existing law.
B. The Lobbying Disclosure Act of 1995, as amendcd (2 U.S.C. $1601 et seq.), prohibits any organization
dcscribcd in Section 501(c)(,1) ofthe lntemal Revenue Code, from receiving fcdcral funds through an
award. grant (and/or subgant) or loan unless such organization warrants that it does not, and will not
cngagc in lobbying activities prohibited by thc Act as a special condition ofsuch an award. grant (and,or
subgrant). or loan. This restriction docs not apply to loans made pursuant to approved revolving loan
programs or to contracts awarded using propcr procucmcnt procedures.
C. Pursuant to 2 CFR {100.-150 and 2 CFR $200.,15:l(e). the Recipient is hereby prohibited from using funds
pror,ided by this Agrccmcnt for mcmbcrship dues to any entit-v or organization cngagcd in lobbying
activities.7. Increasing Scat Bclt Use in the United S!4!9!
Pursuant to Executive Order 13043, 62 FR 19217 (Apr. ll{, 1997). Granree is encouraged to adopt and
cnforae on-the-job scat bclt policies and programs for its cmployees when operating company-owned,
rented or personally ouned vehicles.
8. Reducing Text Messaging While Drivilg
Punuant to Executive Order ll5 I l, 74 FR 51225 (Oct. 6, 2009). Grantee is encouraged to adopt and enforce
policies that ban text messaging uhile driving and establish uorkplace safety policies to decrease accidents
caused by distracted drirers.9. Uniform Relocalion Assistance and Real Prooertl Acquisitions Act of 1970
Where applicable..l: U.S.('. \l .1601-.1655 and implementing regulations apply to this Agreement
CONIPLIAI{CE WITH ASSUR{NCES
L Assurances
Rccipients shall comply with all applicable assurances madc by the Department or the Recipicnt to the Federal
Govemment during th,,' Crant appl ication process.
FEDERA,L REPORTING REQUIREMENTS
I. FFATA
Grant Recipients arvarded a new Federal grant greater than or equal to 530,000 awarded on or after Octoberl.
2015. are subject to thc F'FATA the l'ederal Funding Acc(,untability and Transparency Act ('F'FATA") of2006.
The FFATA legislation requires that information on federal awards ( t'ederal financial assistance and
expenditures) be made availablc to thc public via a singlc, scarchable website- *'hich is w'*'u'.USASpending.gov.
Rc\. ll l5 2022
Attachment ll-.{
:1of6
The Grantee agrees to provide the information necessary, within onc (1) month ofexecution, lor thc Department
to comply with this requirement.
DEPARTNIENT OF TRI]ASURY-SPECIFIC1. Civil Rights ('ompliancc
Recipients of l'ederal fineLncial assistance from the Treasury are required to meet legal rcquirements relating to
nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entitics
receiving Federal financial assislance hom the Treasury do not deny benefits or sen'ices or otherwise discriminate
on the basis of race. color. national origin, (including limited English proficiencl ). disability. age. or sex (iocluding
sexual orientation and gcndcr identity). in accordancc r,r'ith the follo*'ing: Title VI of Civil Rights Acts of 1973
(Scction 504), Public Lau'93-l I2, as amended by Public Law 93-516. 29 U.S.C. 79.1: Title IX ofthe Education
Amendments of 1972 (Title IX),20 U.S.C. l68l et seq.. and the Department's implementing regulations, 3l CFR
28: Age Discrimination Act of 1975. Public Law 94-135,42 U.S.C. 610 t ct seq., and thc f)cpartm€nt ofTreasury
implcmcnting regulations at 3l CFR part 23.
The Department of Trcasury will request information on rccipients' compliance with Titlc VI of the Civil Rights
Act of 1964. as applicablc. on an annual basis. This inlbrmation may include a narrative dcscripting thc recipient's
compliance with Titlc VI, along with other questions and assurances.
SLFRT.SPECIFIC
l. Pcriod of P!-rfbmrancc
All tunds from SLFRF must be obligated by December I l. 202-l and expended by December I1. 2026.
2. EauiDment and Rcal Propcrty Managcment
Any purchase ofcquipmcnt or real propery with SLFRF t'unds must be consistent with thc Uniform Guidance
at 2 CFR Part 200, Subpart D. Equipment and real propcrty acquircd under this program must bc uscd for thc
originally authorized purpose. Consistent with 2 CFR 200.31 I and 2 CFR 200.3 ll, any equipment or real
propert_v acquired using SLFRF lunds shall vest in the non-Federal entity. Any acquisition and maintenance of
L-quipment or real propcrty must also be in compliance with rclevant laws and regulations.
SI-FRF I\FRASTRt](.I'T RE PRo.'ECTS
For all infrastructure projects, the Grantee shalt provide the following project information on a quarrerly basis
to the Departmenl.:
i. ProJected/actual constructionstartdate(month./year)
ii. ProJectc(Vactual initiation of operation date (month,/year)
iii. Location details
SLFRF INFR{STRUC]TUItE PROJECTS OVER $IO NIILLION
For infiastructure projects over S l0 million, the following provisions apply
l. Waqe Certi[cation
Grantees may provide a certification that all laborers and mechanics employed by Grantee in the performance
ofsuch project arc paid wages at the rates not less than those prcvailing, as derermined by the
U.S. Secrelary of Labor in accordance w'ith the Davis-Bacon Act, for the corresponding classes of laborers and
mcchanics employcd projcctcd of a character similar to thc contract work in the civil subdivision of Florida in
which the llork is to be performed. Ifthe Grantee does not provide such certification, the Crantee must prcvide
a project employment and local impact rcport dctailing:
i. The number ofemployees ofcontractors and sub-contractors working on the project;
ii. The number ofemployees on the project hired directly and hired through a third party;
iii. The wages and benefits ofu'orkers on the projectby classification; andiv Whcthcr those wages are at rates less than those prevailing
Grantee must maintain sufficient records to substantiate this inlormation upon request-2. Project Labor Agrccmcnts
Grantees may provide a cenihcation that the project includes a project labor agreement, meaning a pre-hire
collective bargaining agrcement consistent with the section 8(O ofthe National Labor Relations Act (29
U.S.C. 158(0). [f the Grantee does not provide such cenification, the Grantee must proride a project
Attachment 8-A
Rev. I l/l5i2{)22
5 of6
workfbrcc continuity plan. detailing:
i. Hou the Grantee will ensure the project has ready access to a sufficient supply of
appropriately skilled and unskilled labor to ensure high-quality construction throughout thc
lif'e ofthe project:
ii. How the Grantee will minimize risks of labor disputes and disruptions that uould
jcopardizc timeliness and cost-effectivcness ol' the project;
iii. Ho\r' thc Grantee will provide a safc and hcalthy workplace that avoids delays and costs
associated\ -ith workplace illnesses, injuries. and fatalities;iv. Whether u'orkers on the project rrvill receive wages and benefits that will secure and
appropriatcly skilled workforce in thc context ofthe local or regional labor market; and
v. Whether the project has completed a labor agreemcnt.3. Othcr Reporting Requirements
Grantccs must report whether the project prioritizes local hircs and whether the project has Community
Benetit Agreement, u,ith a description ofany such agreement, ifapplicable.
SLFRF WATER & SEWER PROJECTS
F'or watcr and scwcr projccts, Grantees shall providc thc following information to the Departrnent once the prqcct
stans. as appliablc:
i. Narional Poilutant Discharge Elimination System (NPDES) Permit Number. for projects aligned
uith the Clean \l'ater State Revolving Fund
ii. Public Water System (PWS) ID number. for projects aligned with the Drinking Water State
Revolving Fund.
R.\ I I lr l(lll
,tttxchmcnt {l-A
(rot6
STATE OF FLORIDA
DEP.{RTMENT OF ENVIRONNIENTAL PROTECTION
RESILIENT FLORIDA GRANT PROGRAM
EXHIBIT A-1
REVISED PROGRESS REPORT FORM
The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be
found on the Department's wcbsitc at thc link belo*'. Each paymcnt rcqucst must be submitted on the
current form. The Department will notily gantccs ofany substantial changes to Exhibit A that occur during
the grant agreement period.
https://floridadep.e ov/Rcsilicnt-Florida-Pro sranVGrants
Rer.1,13i2023
Exhibit A-1, Page I of I
EXHIBIT F-I
DEP .{GREENIENT \O. 22FRP23
DANIA BEACH SW 54TH COURT STORMWATER IMPROVENIENT
CitY of Dania Beach
Revised Final Project Report
This report is funded in part tkough a grant agreement from the Florida Department of Environmental Protection.
The views, statements, tindings, conclusions, and rccommendations expressed herein are those of the author(s) and
do not necessarily reflect the views ofthe State ofFlo da or any of its subagencies.
Exhibit F-1, DEP Agreement # 22FRP23
Pagc I
EPAf,
6i30!2023
Insert Month & Year
Part I. Executive Summarv
Part II. Methodology
Part llI. Outcome
lncludethefollowing.-llevaluationofproject'sdbilitytonteetgoalsandexpectedperformancemeasuresandprovide
explanation for why goals -were not me| if applicable; 2) ulentLfy successful outcomes, areas for improvement, and
quanttftahle metrics (includtng the assigned metric in Exhibit A, if apphLable) as d result o1'the prcject; and 3l.final
project photos, if an implementation construction project.
Part IV. Further Recommendatioos
Instructions for completing Exhibit F Final Project Report Form:
DEP AGREEMENT NO.: This is the number on your grant aSreement.
GRANTEE NAME: Enter the name ofthe grantee's agency.
PROJECT TITLE: Entcr the title shown on the tirst page ofthe grant agreement
MONTH & YEAR: Enter month and year ofpublication
The final Project Report must contain the following sections: Executivc Summary, Methodology, Outcome. and
Funher Recommendations. The Final Project Report must comply with the publication requirements in the grant
agreemcnt. Please limit the final project rcport to no more than {ive (5) pages. One electronio copy shall bc submittcd
to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final
Project Report.
Qucstions rcgarding completion of the Final Project Report should bc directed to the Department's Grant Manager,
identified in paragraph l8 of this agreement.
Exhibit F-l, DEP Agreement # 22FRP23
Page 2
6i30t2023
STATE OF FLORTDA
DEPART}IENT OF ENVIROI{MENTAL PROTECTION
RESILIE:{T FLORIDA GRdNT PROGR{}I
REVISED CONTRACTUAL SERVICES CERTIFICATION
Erhibit H-l
Required for all grant agreements that include Contractual Services as an expenditure category
DEP Agreement Number' 22FRP23
project Title: Dania Beach SW 54th Court Stormwater Improvement
Grantee: City of Dania Beach
Subcontractor
Note: Submit separate Exhibit H Cerurtca onfor each additional subcontractor
Prior to making a request for payment of contractual services, the Grantee must provide the
following to the Department Grant Manager then responsible for the Grantee's Resilient Florida
Grant Program grant agreement:
l. Documentation of the Grantee's procurement processi as consistent with Attachment I
Paragraph 9(c) and Attachment 2, Paragraph I l;
2. A list of all subcontractor quote and/or bid amounts (as applicable), including the
company name and address for each subcontractor;
3. An explanation of how and why the Grantee made their determination(s) for the
subcontractor(s) sclectcd to perform certain task(s) under the Grantee's rclcvant grant
agrccmcntl
4. A copy ofthe Grantee's executed subcontract agreement, as required by Attachment 2.
Paragraph ll;and
5, This Exhibit H, signed and dated by the Grantee's own (non-Departmental) grant
manager.
By signin-e below. I ccrtity lhat, on behalf of the Grantee. I have provided all the information
required by items l. through 3. of this exhibit, as stated above. to the Depanment Grant Manager
currently responsible lbr the Grantee's Resilient Florida Crant Program grant agreement. I also
certifo that the procurement process the Grantee utilized follows all of said Grantee's non-
Departmental policies and procedures for subcontractors.
Grantee's Grant Manager Signature
Print Name
Datc
Rev L4.102.1
COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION
FORM
(PUR 1808)
Exhibit J
This fbrm must be completed by a Common Carrier or contracted carrier and submitted to the
Govemmental Entity with which a Contract being is executed, amended, or renewed. Capitalized
terms used herein have the detinitions ascribed in section 908. I I l. F.S.
is not willfully providing and will not willfully provide
any scwicc dunng thc Contract term in furtherancc oftransporting a person into this statc
knowing that the person is an Unauthorized Alien, except to facilitate the detention, remolal, or
departure of thc pcrson fiom this state or thc United States.
Under pcnaltics of pcrjury, I dcclarc that I havc rcad the foregoing statement and that thc tacts
stated in it are true.
Printed Narre:
Title:
Sipnature:Date
PUR r808 (08/22)Page I of I 60A-1.020, F.A.C.