Backup Documents 07/08/2025 Item #16A11 16A11
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office CAO 3-A pib t 7/g
2. Board of County Commissioners Office BOCC
6S4y / ilg
3. Minutes and Records Clerk of Court's Office
7/00
4. Send via email to:
michelle.dandreahall;ci colliercountyti.e,ov
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michelle D'Andrea-Hall, 2885 S. Horseshoe Dr 252-5809
Contact/ Department Grants Management Analyst I
Agenda Date Item was 7/8/2025 Agenda Item Number 16A 11
Approved by the BCC _
Type of Document Grant Agreement Number of Original1
Attached g Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK Certified MD
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be MD
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MD
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. MD
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 7/8/2025 and all changes made during
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. F
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
• 1 6A 1 1
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to section 215.971,Florida Statutes:
1. Project Title(Project): Agreement Number:
Athletic Courts Resurfacing L2301
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 (Department)
Grantee Name: Collier County Entity Type: Local Government
Grantee Address: FEID: 59-6000558-176
3339 Tamiami Trail East, Suite 213,Naples, FL 34112
(Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon execution June 30, 2027
4. Project Number: Project Location(s):
(If different from Agreement Number) See Attachment 3
Project Description: Design,engineering,permitting,construction,and construction engineering inspection services,for the resurfacing of 138.5 athletic
courts including basketball,tennis,bocce ball shuffleboard,and racquetball.
5. Total Amount of Funding: Funding Source? Award#s or Line-Item Appropriations: Amount per Source(s):
$450,000.00 E State 0 Federal FY2023-24 GAA Line-Item I797A $450,000.00
❑ State ❑Federal $
❑ State 0 Federal $
Ei Grantee Match $350,000.00
Total Amount of Funding+Grantee Match,if any: $ 800,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Shnunn R.Allen Name: Luis Herrera
or successor or successor
Address: Department of Environmental Protection Address: 15000 Livingston Road
3800 Commonwealth Blvd„MS 100 Naples,FL 34109
Tallahassee,FL 32399
Phone: 850-245-2713 Phone: 2239-380-4135
Email: shauna.r.allen@floridadep.gov Email: Luis.Herra@colliercountyfl.gov
colliercountyfl.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
• Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements
® Attachment 2:Special Terms and Conditions
Attachment 3:Grant Work Plan
B Attachment 4:Public Records Requirements
8 Attachment 5: Special Audit Requirements
8 Attachment 6:Program-Specific Requirements
❑ Attachment 7:Grant Award Terms(Federal)*Copy available at https://facts.11dfs.com,in accordance with section 215.985,F.S.
❑ Attachment 8:Federal Regulations and Terms(Federal)
❑ Additional Attachments(if necessary):
lI Exhibit A:Progress Report Form
O Exhibit B:Property Reporting Form
IR Exhibit C:Payment Request Summary Form
❑ Exhibit D:Quality Assurance Requirements
0 Exhibit E:Advance Payment Terms and Interest Earned Memo
❑Exhibit F:Common Carrier or Contracted Carrier Attestation Form PUR1808(State)
DEP Agreement No. L2301
Rev.6/28/24
CAO
16A11
0 Exhibit I-I:Non-Profit Organization Compensation Form(State)
0 Exhibit I:Forced Labor Attestation Form
0 Additional Exhibits(if necessary):
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a)(1):
Federal Award Identification Number(s)(FAIN):
Unique Entity Identifier(UEI):
Federal Award Date to Department:
Federal Award Project Description:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? 0 Yes ON/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date unless
another date is specified in the grant documents.
Collier County GRANTEE
Grantee Nam �
By • gg" — 7/8 l 25
Date Signed
Burt L. Saunders, Chairman
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee Date Signed
Print Name and Title of Person Signing
Additional signatures attached on separate page.
RY r,�T it j !- CLERK
1
De uty Clerk
At .as to CAlaalrinart`s
, 'sit9 ature only,, '
"J 4f iiti.
Ap. .;"4f'1 rm and legality
Jeffrey A. ;tzko! County Attorney
DEP Agreement No. L2301
Rev.6/14/24
CA(
STATE OI FLORIDA
DEPART}TENT OT [,NYIRON}IENTAI, PROI'L,CTION
STA\D/\RD TER}IS AND CONDII'IONS
APPLICARI,E'IO GRANI' ACREEMT,N'I'S
,\TT,\(:II \I EN T I
l. Enaire ABrcemcnt.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement benveen the parties with respect to the subject matter hereof and supersedes all prior
agreements. whether written or oral. with respect to such subject maner. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. GrantAdministrstion.
a. Order ofPrecedence. If there are conflicting provisions among the documents that make up the Agreement. lhe
order ofprecedence for interpretation ofthe Agreement is as follows:
i. Standard Crant Agreement
ii. Attachments other than Attachment l. in numerical order as designated in the Standard Crant
Agreement
iii. Attachment l. Slandard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agrecment
b. All approvals, written or verbal, and other written communication among the panies. including all notices, shall
be obtained by or sent to the parties' Crant Managers. All wriften communication shall be by electronic mail.
ti.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt. other mail service delivery receipt, or when
receipt is acknou'ledged by recipient. Ifthe notice is delivered in multiple ways. the nolice will be considered
delivered at the earliest delivery time.
c. Ifa different Grant Manag€r is designated by either party after execution ofthis Agreement. notice ofthe name
and contact informalion ofthe new Grant Manager will be submifted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreenrent.
d. This Agreement may be amended. through a formal amendment or a change order, only by a written agreement
between both panies. A formal amendment to this Agreement is required for changes which cause any of the
lollowing:
( l) an increase or decrease in the Agrcement funding amount;
(2) a change in Grantee's match requirements;
(3)a change in the expiration date ofthe Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment .3, Grant Work Plan, thal exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
( t ) task timelines within the cuffent authorized Agreement period change;
(2) the cumulative transfer offunds between approved budget categories, as d€fined in Attachment 3. Grant Work
Plan, are less than twenty percent (20olo) ofthe total budget as last approved by D€partment;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund kansfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services ifadditional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or afler the date ofexecution through the expiration date ofthis Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions, However, work performed prior to the
execution ofthis Agreement may be reimbursable or used for malch purposes if permitted by the Special Terms and
Conditions.
Attrchment I
Rev. I l/ll/202.{
lofl4
4. Deliverables.
The Crantee agrees to render thc services or olher units ofdeliverables as set fonh in Attachment 3. Crant Work Plan.
Thc services orother units ofdeliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Crant Work Plan. Dcliverables may be comprised of activities that must be completed prior to Department
making paynrent on that deliverabl€, The Grantee agrees to perform in accordance wilh the terms and conditions set
fonh in this Agreemcnt and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. PerformanceMeasures.
The Grantee warrants that: ( l) the services will be performed by quaiified personnelt (2) the serviccs will be of the
kind and quality described in the Crant Work Plan: (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices: (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, ofany third parr.v-t and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and sal'ety requirements and processcs,
ifprovided by Depanment, lor lvork done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether thc services or qualifications offercd by Orantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary) written acceptance of a particular deliverable
does not loreclose Depanment's remedies in the event deficiencies in the delivcrable cannot be readily measured at
the time of delivery.
6. Acceptalce of Deliverables,
a. Acceptance Process. All deliverables musl be receivcd and accepted in writing by Department's Grant llanager
before payment. The Grantee shall work diligently to conecl all deficiencies in the deliverable thar remain
outstanding, !vithin a reasonable time at Grantee's expense. lfDepartmenl's Grant Manager does not accept the
deliverables within 30 days of receipt, they will be decmed rejected.
b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Crant
Work PIan, as incomplete. inadequate, or unacceptable due, in whole or in part, to Crantee's lack of satisfactory
performance under the terms ofthis Agreement. The Crantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection ofthe deliverable and lhe associatcd
invoice. Payment for the rejccted deliverable *ill not be issued unless the rejected deliverable is made
acceptable to Departnrent in accordance !!ith the Agreement requirements. The Depanment, at its option, may
allorv additional time within which Grantee may remcdy the objections noted by Dcpartnrent. The Crantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
?, l'inancialConsequcnccsforNonperformance.
a. Withholdine Pavment, ln addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to wirhhold payment whcn the
Grantee has failed to perform/comply with provisions ofthis Agreement. None ofthe 6nancial consequences
lor nonperformance in this Agrecment as rnore fully described in the Grant Work Plan shall be considered
penalties.
b. l8oioe reduction
lf Crantee does not meet a deadline for any deliverable, the Depanment will reduce the invoice by l% for each
day the deadline is missed. unless an extension is approved in writing by the Depanment.
Corrective Action Plan. lfCrantee fails to conect all the deficiencies in a reiected deliverable u,ithin the specified
timeframe, Department may, in its sole discretion. request that a proposed Corrective Action Plan (CAP) be
submined by Grantee to Department, The Depanment requests that Grantee speci0 the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no nrore than sixry- (60) calendar days.i. The Grantee shall submit a CAP within ten (10) days ofthe date of rhe written request from
Depanment, The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten ( l0) days of receipt of a CAP, Depanment shall notifl Crantee in rvriting whether the
CAP proposed has been accepted, Ifthe CAP is not accepted, Grantee shall have ten (10) days lrom
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approvalofa CAP as specified above may result in Department's termination of
this Agrecment for cause as authorizcd in this Agreement.
ii. Upon Depanrnent's notice of acceptance of a proposed CAP, Grantee shall have ten ( l0) days to
comnlence implementation ofthe accepted plan. Acceptance ofthe proposed CAP by Department
Attschment I
2ofl4
c
Rcv. I l/13/2024
@
does not reli€ve Crantee of any of its obligations under the Agreement. ln the event the CAP fails
to correct or eliminate performance deficiencies by 6rantee, Department shall retain the right to
rcquire additional or funher remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Departmenl or stcps taken by Crantee shall preclude Department lrom
subsequently asserting any deficiencies in performance. The Crantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress ofthe CAP will be made to
Depanment as requested by Departmcnt's Crant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
perfonnance of the Agreement as specified by Department may result in termination of the
Agreemcnt.
8. Payment.
a, Pavment Process. Subject to the terms and conditions established by the Agreement. the pricing per deliverable
established by the Granl Work Plan, and the billing procedures established by Depanment, D€partment agrees
to pay Grantee for services rendered in accordance with seclion 215.422, Florida Statutes (F.S.).
b. I3IE! The Depanment is exempted from payment ofstate sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes thar it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contraqtual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment ofall ils FICA/Social Security and other taxes resulting from this
Agreenlent,
c. Maximum Amount of Asreement The maximum amount of comp€nsation under this Agreement. without an
amendment, is described in the Standard Crant Agreement. Any additional [unds neccssary for the completion of
this Pro.iect are the responsibility ofGrantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in lhe Grant Work PIan.
Reimbursemcnt shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursemenl, cosls must be in compliaflce with laws, rules, and regulations applicable to expenditures ofState
funds, including, but not limited to. the Reference Guide for Stare Expenditures. which can be accessed at the
lollowing web address: hnps://www.myfloridacfo.com/docs-sf/accounting-and-auditine-librarieystate-
aeencies,'reference-cu ide-for-state-expenditures.pdf.
e. Rural Communities and Rural Areas of Opoortunitv, If Grantee is a county or municipaliry that qualifies as a
"rural community" or "rural area ofopportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Granree
may request from thc Depaftment that all invoice payments under this Agreement bc directed to the relevant
county or municipality or to the RAO itsell The Department will agree to Grantee's request if:
i, Cranlee demonstrates that it is a counly or municipality that qualifies as a "rural community" or
"rural area ofopportunity" under subsection 288.0656(2), F.S.:
ii- Grantee demonstrates current financial hardship using one (l) or more olthc "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.;
iii. Crantee's performance has been verified by the Department, which has determined that Crantee is
eligible for invoice payments and that Grantee's performance has been completed in accordance
with this Agreement's rerms and conditions; and
iv. Applicable federal and state law(s). rule(s) and regulation(s) allow for such payments.
This subsection may not be construed to alter or limit any othcr appticable provisions of fedcral or state la*', rule,
or regulation. A current list of Florida's designated RAOs can be accessed at the following web address:
httos://floridaiobs.ore/communitv-p lann in s-and-develooment/rural-com m un hv-oroqramslrural-areas-of.
oDportunitv.
I Invoice Detail. All charges lor services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted lo Departm€nt in sufficient detail for a proper pre-audit and
posfaudit to bc performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
g. State Funds Documentation. Pursuant to section 2l 6. | 166, F. S., if Contractor meets the definition of a non-profit
organization under section 215.97(2Xm). F.S., Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term ofthe cont.acl or agreement lor remuneration to any
member of the board ofdirectors or an officer of Contractor.
Attachment I
3ol14
Rev. 1l /l li 2024
ii. Allocated under each payment by the public agency to be used for remuneration of any menrber of
the board ofdirectors or an officer ofthe Contractor.
The docunentalion must indicate the amounts and recipients ofthe remuneration. Such information must be
posted on the State's the contract tracking system and maintained pursuant to section 215.965. F.S,, and must be
posted on thc Contractor's website, ifContractor maintains a website.
h. Interim Pavments. lnterim payments may be made by Department, at its discretion. if the completion of
dcliverables to datc havc first becn accepted in *riting by Department's Grant Manager.
i, Final Pavment Reouesl. A final payment request should be submitted to Department no later than sixty (60) days
lollowing the expiration date of the Agrccmcnt to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
j. Annual Aoprooriation Continsencv. The State's performance and obligation to pay under this Agreement is
contingent upon an annual approprialion by the Legislature. This Agreement is not a conlmitment of future
appropriations, Authorization for continuation and completion of work and any associated payments may bc
rescinded, with proper notice, at the discretion of Depanment if thc Legislature reduces or eliminates
appropriations.
k. lnterest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the Statc Board of Administration. To obtain the applicable interest ratc. plcase refer ro:
hups:;i'www.rnvfloridacfo.com/division/aa,/local-sovemments/iudeement-interest-rates.
l. Refund ofPavmenls to the Departmeni. Any balance ofunobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Crantee or subgrantee is entitled
under thc terms ofthe Agreement must be refunded to Department. Ifthis Agreement is funded with federal funds
and lhe Department is reouired to refund the federal eovemmenl. the Granlee shall refund the Department its
share ofthose funds.
9, Documentatioll Required for Cost Reimbursement Gront Agreemenls and Match,
IfCost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, rhe follorving
conditions apply. Supponing documentation must be provided to substantiale cost reimbursement or match
requirements lor the following budgct categories:
a. Salar',/Waees. Grantee shall list personncl involved, position classification. direct salary rates. and hours spcnt
on the Project in accordance with Attachrnent 3, Crant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead,/lndirect/General and Administrative Costs. lf Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and./or general and administrative rates)
shall be supponed by audit. lf Depanment detcrmines that multipliers charged by Grantee exceeded thc rates
supponed by audit, Grantee shall bc required to reimburse such funds to Deparlmcnt within thirty (30) days of
written notification. lnterest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors mu$ be
substantiated by copies of invoices with backup documentation identical to lhar required fronr Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect.
and/or general and administrative rates) shall be supponed by audit. If Departmenr determines thar nrultipliers
charged by any subcontractor exceeded the rates supponed by audit, Grantee shall be required to reimburse such
funds to Department within thiny (30) days of written notificalion. lnterest shall be charged on the excessivc
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requiremenls set forth in chapters 273 and/or 274, F.S., and
Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. For granrs
funded with fcderal funds, nonconsumable and/or nonexpendable personal propeny or equipment costing $ 10.000
or more purchased for the Project under a subcontract is subject lo the requirements sel lorth in 2 CFR 200. The
Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the
purchase of equipment as part of the delivery of services. The Granlee shall comply with this requirement and
ensure its subcontracts issued under this Agreement, if any, impose lhis requirement, in writing, on irs
subcontractors,
i. For fixed-price (vendor) subcontracts. the following provisions shall apply: The Grantee may
award, on a competitive basis. fixed-price subcontracts to consultants,/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Depanment for fixed-
Attachment I
Rev. I t/t-t/2024 4 of 14
@
price subcontracted activities shall be supponcd with a copy ofthe subcontractor's invoice and a
copy ofthe tabulation form for the competitive procurement process (e.g.. Invitation to Bid, Request
lor Proposals. or other similar conlpetitive procurement document) resulting in the fixed-price
subcontIact. The Grantee may request approval from Department to award a fixed-price subcontracl
resulting from procurement methods other tha! those identified above. ln this instance, Crantee shall
request the advance written approval from Deparhent's Grant l\'tanager of the fixed price
ncgotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Seru*ices to be performed by the subcontractor. tipon receipt of Department Crant Manager's
approval ofthe fixed-price amount. Grantee may proceed in finalizing the fixed-price subcontract.
ii. lf the procurement is subject to the Consultant's Competitive Negotiation Act under secrion
287.055, F.S. or the Brooks Act, Crantee must provide documentation clearly evidencing it has
complied rvith the statutory or fcderal requirements.
d, Travel. All requests for matclr or reim bursement o f travel expenses shall be in accordance with section I I 2.06 I .
F S.
e, Direct Purchase Eouioment. For grants funded fully or in pan with state funds, equipment is defined as capital
outlay costing $5.000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay
costing $ 10,000 or rnore. Match or reimbursement for Grantee's direct purchase ofequipment is subject to spccific
approval of Department. and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. lnclude copies of invoices or receipts to document purchasesr and a properly
completed Exhibit B, Property Reponing Fonn.
f. Rental/Lease of EquiDment. Match or reimbursement requests for rental/lease of equipmenl must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other ExDenses, If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses. reprcduction, or mailing, are reimbursable or available for match or reimbursement under thc
terms of this Agreement, the documentation supponing these expenses must be itemized and include copies of
rcccipts or invoices. Additionally, independent ofGrantee's conrra obligations to its subcontractor, Department
shall not reimburse any ofthe following types ofcharges: cell phone usage; attomey's fees or coun costs; civil
or administralive penalties; or handling fees, such as set percent overages associated with purchasing supplies or
cquipment-
h. Land Acouisition. Reimbursement for the costs associated wilh acquiring interest andrbr rights to real property
(including access rights through ingress/egress easements. leases, license agreements, or other site access
agreementsi andlor obtaining rccord title ownership of real property through purchase) must be supported by the
following. as applicable: Copies of Propeny Appraisals. Environmental Site Assessments. Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Repons, Title lnsurance, Closing
Statementsr'Documents, Deeds. Leases. Easements, License Agreements, or other legal instrument documenting
acquired propeny interest andTor rights. If land acquisition costs are used to meet match requirements, Crantcc
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10, Status Reports.
'l'he Crantee shall submit status reports quarterly, unless oth€rwise specified in the Attachments. on Exhibit A.
Progress Report Form, to fjepartment's Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reponing requircmcnt, the quarterly reporting periods end on \4arch 31, June 30.
September 30 and December 3 l. The Depanment will review the required reports submitred by Grantee within thirty
(30) days.
I l. Retainage.
The following provisions apply if Department withholds retainage under this Agreemenl:a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachmenl 2. Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion ofrvork and approval
ofall deliverables.
b. IfCranlee fails to perform the requested work or fails to pcrform the work in a satisfactory manncr, Grantee shall
forfeit its right to payment of the retainage associated with the work, Failure to perform includes, but is not
limited to, failure to submit the required deliverables or lailure to provide adequate documentation that the work
was actually performed. The Department shall provide wrinen notification to Grantee of the failure to perform
Attschment I
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that shall resulr in retainage forfeiture. lf the Grantee does not correct the failure to perform wilhin the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as other\.yise provided above, Crantee shall be paid the retainage associated with the work. provided
Crantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agrcemcnt.
12. lnsurance.
a. InsurancqRcqull ne[ts for Sub-Grantees and/or Subcontractors The Grantee shall require its sub-grantees
and/or subcontractors, if any. to maintain insurance coverage of such types and with such terms and limits as
described in this Agreemcnt. The Crantee shall require all its sub-grantees and/or subcontractors, ifany,lo
make compliance with the insurance requirements ofthis Agreement a condition ofall contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for. any sums ofmoney representing a
deductible in any insurance policy. The payment ofsuch deductible shall be the sole responsibility of thc
Grantee providing such insurance.
c, Proo f ol Insurance. Upon execution olthis Agrccment, Crantee shall providc Dcpal1ment documentation
dcmonstrating the existence and amount for each type of applicable insurance coverage prior lo pcrformance of
any work underthis Agreement. Upon receipt of written request from Depanmsnt. Grantee shall furnish
Department with proofof applicable insurance coverage by standard form cenificates of insurancc. a selt'-
insured aurhorization. or other certification of self-insurance.
d. Dutv to Maintain Coverage. ln the event that any applicable coverage is cancelled by the insurer for any
reason. or ifGrantee cannot get adequate coverage, Grantee shall immediately notiry Department ofsuch
cancellation and shallobtain ad€quate replacement coverage conforming to thc rcquirEments herein and provide
proofofsuch replacement coverage within ten (10) days alter the cancellation ofcoverage.
e, lnsurance Trust. Ifthe Crantee's insurance is provided through an insuranc€ trust. the Crantee shall instead add
the Dcpartnlent of Environmental P.otection, its employees, and officers as an additional covered pany
everywhere the Agreement requires them to be addcd as an additional insured.
13, 'l crmination,
a. Termination for Convenience. When it is in the State s best interest, Depanment may. at its sole discrelion.
lerminate the Agreement in whole or in part by giving 30 days' written notice to Crantee, The Dcpanment shall
notify Grantee ofthe termination for convenience with instructions as to the effective date oftermination or the
specific stage ofwork at which the Agreement is to be ternrinated. The Grantee must submit all invoices for
work to be paid under this Agreement within thiny (30) days ofthe effective date oftermination. 'l he
Department shall not pay any invoices received afier thirty (30) days of the effective date of termination.
b, Termination for Cause.'Ihe Department may terminate this Agreement ifany ofthe events ofdefault describcd
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement, lf. after termination. it is determined that Crantee was not in dcfault, or that
the default was excusable, the rights and obligations ofthe parties shall be the same as ifrhe termination had
been issued for the convenience of Departnrent. The rights and remedies of f)epanrnent in this clause are iI
addition to any other rights and remedies provided by law or under tlris Agreement.
c. Grantee Obligalions uoon Notice ofTermination. After receipt ofa notice ol tcrnlination or panial (ermination
unless as otherwise directed by Depanment, Crantee shall not lurnish any service or deliverable on the date. and
to the extent specified, in the notice. However. Grantee shall continue work on any portion ofthe Agreement
not terminated. lfthe Agreement is terminated before pcrformance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The 6rantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation ofPreoaid Services. lfDepanment has paid [or any services prior to the expiration, cancellation.
or termination ofthe Agreement, Grantee shall continue to provide Department with those services for which it
has alrcady been paid c,r, at Department's discretion, Grantee shall provide a refund lor s€rvices that have been
paid for but not rendered,
e. Transition o[Senices Upon Termination. Expiration. orCancellation of the A qreetr ent. Ifservices provided
rnder the Agreement are being transitioned to anolher provider(s), Grantee shall assist in the smooth transition
of Agreement services to thc subsequent provider(s). This requirement is at a minimunr an affirmative
obligation to cooperate with the new provider(s). however additional requirements may be outlined in the Crant
l{ev. I l/13/2024
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Work Plan. The Crantee shall not perlorm any services after Agreement expiration or termination. cxcepr as
necessary to complete the transition or continued portion ofthe Agreement, ifany.
l,l. Nolice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events ofdefault, Depanment shall provide notice to Grante€ and an opportunity to cure that is reasonable under
the circunlstances. This notice shall slate thc nature ofthe failure to perform and provide a time cenain for correcting
the failurc. The notice will also provide that, should the Grantee fail to perform within the time provided. Crantee will
be found in default, and Department may tcrminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Def{ult.
Provided such failure is not the fault of Departmenl or outside th€ reasonable control of Grantee, the following non-
exclusive list ofevents, acts. or omissions, shall constitute events ofdefault:
a. The commitment of any malerial breach of this Agreement by Crantee. including failure to timely deliver a
material deliverable. failure to perform the minimal level ofservices required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time afler
notice to do so, or abandonment ofthe Agreement;
b. The commitnrent ofany material misrepresentation oromission in any materials, or discovery bythe Department
ofsuch, made by the Cranlee in this Agre€ment or in its application for funding;
c. Failure to submit any of the repons required by this Agreement or having submitted any repon with incorrect.
incomplete. or insuffi cient information;
d. Failure to honor any term ofthe Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry ofan order revoking
the certificate ofauthority granted to the Grantee by a state or other licensing authorilv;
I Failure to pay any and all entilies, individuals, and furnishing labor or materials, or failure to make payment ro
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in ths performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act:
h. Faillre to maintain the insurance required by this Agreement;
i. Onc or more of the following circumstances, unconected for more than thirty (30) days unless. within the
specified 30-day period. Grantee (including its rcceiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its conlinuing ability and willingness to fulfill its obligations
under the Agresment:
i. Entry ofan order for reliefunder Title I I ofthe United States Code;
ii. The making by Grantee ofa general assignment lor the benefit ofcreditors;iii. The appointnrent of a general receiver or trustee in bankruptcy of Grantce's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy.
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agr€€ment, at any time, when it is
in the best interest ofthe Stare to do so. The Department shall provide Grantee written notice outlining the paniculars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
ofemergency, or other such circumstances, After receiving a suspension notice. Grantee shall comply with the notice,
Within 90 days. or any longer period agreed to by the parties, Department shall either: ( l) issue a notice authorizing
resumption of work, at which time activity shall resume: or (2) terminate thc Agreement. If the Agreement is
terminated after 30 days ofsuspension, the notice ofsuspension shall be deemed to satisfy the thirry- (30) days' notice
Iequired for a notice of termination for convenience. Suspension ofwork shall not entitle Crantee to any additional
compcnsation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform ifneither the fault nor the ncgligence
ofGrantee or its employees or agents contributed to the delay and the delay is due directly to acts ofCod, wars, acts
of public cnemies, strikes, fires. floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no altemate source of supply is available to Grantee. ln case of
any delay Grantee believes is excusable, Grantee shall notiry Depanm€nt in writing ofthe delay or potential delay
and describe the cause of the delay either (l ) within ten days after the cause that creates or will create the delay first
Attachment I
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arose. if Crantee could reasonably foresee that a delay could occur as a result: or (2) if delay is not reasonably
forcsceable, within five days after the date Grantec first had reason to believe that a delay could result. THE
FORECOINC SIIALL CONSTITUTE THE GRANTEO'S SOT,E Rf,MEDY OR EXCI]SE WITH RESPEC'I'
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. rr..o
claim for damages, other than for an extension oftime, shall be assened against Depaflment. The Grantee shall not be
entitled to an increase in the Agreement price or paymcnt of any kind from Department for direct, indirect.
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising bccause of delay, disruption, interference, or hindrance from any cause rvhatsoever. lf
performance is suspended or delayed, in whole or in part. due to any ofthe causes described in this paragraph. after
the causes have ceased to exist Grantee shall pcrform at no increased cost, unless Department determines, in its sole
discretion, thar the delay will significantly impair the value ofthe Agreement to Depanment, in which case Department
may: ( l) accept allocated performance or deliveries front Grantee, provided that Grantee grants preferential treatment
to Department with respect to producls subjected to allocation; (2) contract with other sources (without recourse to
and by Crantee for the relatcd costs and expenses) to replace all or part ofthe products or services that are the subject
ofthe delay, which purchases may be deducted from the Agreement quantity; or (3) tcrminate Agreement in rvhole or
in pan.
lE. lndemnification,
a. The Grantee shall be fully liable for the actions of its agents, employees, panners, or subcontractors and shall
fully indemni$, defend, and hold harmless Depanmcnt and its officers, agents, and employees, from suits.
actions, damages. and costs ofevery name and description a sing from or relating to;i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees. panners, or subcontractors: provided, ho*'ever, that Crafltee
shall not indemnify for that portion ofany loss or damages proximately caused by the negligent act
or omission of Departmenti
ii. the Crantee's breach of this Agreement or the negligent acts or omissions ofGrantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Depanment giving Cranlee: ( l) written notice ofany action or threatened action: (2) lhe opportunit), to take over
and settle or delend any such action al Crantee's sole expense; and (3) assistance in defending the action at
Crantee's sole expense. The Crantee shall not be Iiable for any cost, cxpense. or conrpromise incurred or made
by Depanment in any legal action without Granlee's prior written consent, which shall not be unreasonably
withheld,
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Crantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or lryrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either pany of its sovereign immunity or the provisions of section 768.28, F.S. Furrher, nothing her€in
shall be construed as consent by a state agency or subdivision ofthe State to be sued by third panies in any matter
arising out of any conlract or this Agreement.
d. No provision in this Agreement shall require Depanment to hold harmless or indemnily Crantee, insure or assume
liability for Crantee's ncgligence, waive Deparhent's sovereign immunity under the larvs of Florida. or
otherwise impose liability on Depanment for rvhich it would not othenvisc be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19, Limitation of Liability.
The Depanment's liability for any claim arising from this Agrecmcnt is limited to compensatory damages in an amounl
no greater than the sum ofthe unpaid balance ofcompensation due for goods or scrvices rendered pursuant to and in
compliance with the terms ofthe Agreement. Such liability is further limited to a cap of$100,000.
20. Remedies.
\othing in this Agreement shall be construed 1o make Clantee liable for force majeure events. Nothing in this
Agreement. including financial consequences for nonperformance, shall limit Departmcnt's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Dcpartment may. in addilion to
other remedies available to it, al law or in equity and upon nolice to Grantee, retain such nronies from amounts due
Grantee as may be necessary to satisfy any clainr for damagcs, penalties. costs and the like asserted by or against it.
2l. Waiver,
The dclay or failure by Depanment to exercise or enforce any of its rights under this Agreement shall not constitutc
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercisc
ofany such right preclude any other or funher exercise thereofor the exercise ofany other right.
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22. Statutory Notic€s Relating to Unauthorized Employment {nd Subcontrrcts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of rhe lmmigration and Nationality Act. lf Grantce,subconractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation ofthis Agreement. The Crantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a rcsult ofthis Agreement.
b, Pursuant to sections 287.133, 287,134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list. discriminatory vendor Iist, or the antitrust violator vendor list:
i. Public Entitv Crime. A person or affiliate who has bcen placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may nol submit a bid. proposal, or reply on a
contract with a public entity for the construction or repair ofa public building or public work; may
not submit bids, proposals, or replies on leases ofreal property to a public entityt may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
enrity; and may nol transact business with any public entity in excess of the threshold amount
providcd in section 287.017, F.S., for CATECORY TWO for a period of 36 months following the
date of being placed on the convicted vcndor list.
ii. Discriminatorv Vendors. An entity or affiliate who has bsen placed on the discriminatory vendor
Iist may not submit a bid. proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair ofa public building or public work; may not subm it bids. proposals, or replics
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entiry; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an afliliate who has been placed on the antitrus( violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity:
may not submit a bid, proposal. or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or rcply on leases ofreal
propeny to a public entityi may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification, The Crantee shall notify Department if it or any ol its suppliers. subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list. or antitrust
violator vendor list during the life of the Agreement. The Florida Depanment of Management
Services is responsible for maintaining the discriminatory vendor Iist and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Serviccs,
Oflice of Supplier Development, at (850) 487-0915.
23. Complianc€ with Federal, State and Local Laws,
a. The Grantee and all its agents shall comply with ail federal, state and local regulations, including. but not limited
to, nondiscrimination, wages, social security, workers'compensation, licenses. and registration requirements.
The Grantee shall include this provision in all subcontracls issued as a result of this Agreement.b. No person, on the grounds of race. creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation inl be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance ofthis Agreement.
c. This Agreement shall be govemed by and construed in accordance with the laws ofthe State of Florida.d, Any dispute concerning perlormance ofthe Agreement shall be processed as described herein, Jurisdiction for
any damages arising under the terms ofthe Agreement will be in the couns ofthe State, and venue will be in the
Second Judicial Circuit, in and for Leon County, Except as otherwise provided by law, the parties agree to be
responsible for their own attomey fees incuned in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrsstructure Projects t ith Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Locxl
Fiscal Recovery Funds under the Americrn Rescue Plan Act. Also, this provision does not apply where
Itcv. ll/'l.l/2024
Attachment I
9 of I'l
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there is a valid waiver in place, However, the provision may apply to funds expended before the waiver
or rfter expiration of the waiver.
lfapplicable, l{ecipients or Subrecipients ofan award of Federal financial assistance from a progranr for
infrastructure ar€ required to comply with the Build America. Buy America Act (BABA). including thc
following provisions:
a. All iron and steel used in the project are produced in the Unitcd States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occuned in the United States;
b. All manufactured products used in the project are produced in the United States-this means the manufactur€d
product was manufactured in the [Jnited States; and the cost ofthe components ofthe manufactured product
that are mined. produccd. or manufactured in the United States is greater rhan 55 percent ofthe total cost ofall
components of the manufactured product, unless another standard lor dctermining thc minimum amount of
domestic content ofthe manufactured product has been established under applicable law or regulation; and
c. Allconstruction materials are manufactured in the United States-this means that all manufacturing processes for
the construction malerial occuned in the United States.
The Buy America preference only applies lo articles, matcrials, and supplies that are consumed in. incorlorated
into, or affixed to an infrastructure pmject. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion ofthe
infrastructure project. Nor does a Buy America prelerence apply to equipment and fumishings, such as movable
chairs, desks, and ponable computer equipment. that are used at or within the finished infrastructure project but
are not an integral pan ofthe structure or permanently affixed to the infrastructure project,
25. lnvesting in America
Grantees ofan award for construction projects in whole or in part by the Bipanisan Infrastructure Law or the
lnflation Reduction Acl. including the follorving provision:
a. SignageRequirements
a. lnvesting in America Emblem: The recipient will ensure that a sign is placed at construction
sites supponed in whole or in pan by this award displaying the oflicial lnvesting in America
emblem and must ideniify the project as a "project funded by President Bidcn's Bipartisan
lnfrastructure Law" or "project funded by President Biden's lnflation Rcduction Act" as
applicable. The sign must be placed at construction sites in an easill, visible location that can be
directly linked to the work taking place and must be maintained in good condirion throughour the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the offrcial lnvesting in America emblem available at:
htlps:/,www.cpa.sov/invesuinveslins-atnerica-sisnaqe.
b. Procuring Signs: Consisrent with section 6002 of RCRA, 42 U.S.C. 6962. and 2 CFR 200.321,
recipients are cncouraged to uss recycled or recovered materials when procuring signs, Signage
costs are considered an allowable cosl under this assistance agreement provided that thc costs
associated with signage are reasonable. Additionally. to increase public awarcncss ofprojects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official lnvesting in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. ScrutinizedCompsnies.
a. Grantee cenifi€s that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287. l3 5, F, S., the Department may im med iately term inatc th is
Agreement at its sole option ifthe Crantee is found to have submitted a false certificationi or ifthe
Crantee is placed on the Scrutinized Companies that Boycott lsrael List or is engaged in the boycotr
oflsrael during the term ofthe Agrecment.
b. lfthis Agreement is for more than one nrillion dollars, the Grantee cerlifies that it is also nol on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminare
this Agreement at its sole option ifthe Grantee is found to have submitted a false cenification; or if
lhe Grantce is placed on the Scrutinized Companies \.vith Activities in Sudan List, or Scrutinized
Attachment I
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Companies rvith Activities in the lran Petroleum Energy Sector List. or engaged with business
operations in Cuba or Syria during the term ofthe Agreement.
c. As provided in subsection 287.135(8). F.S.. if federal law ceases to authorize thcse contracting
prohibitions, then they shall becomc inoperative.
27. Lobbying and lntcgrity.
'l'he Grantee agrees that no lunds received by it under this Agreement will be expended for the purpose of lobbying
the Legislalurc or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of scction
287.058(6), F.S.. during the term of any executed agreement betlycen Grantee and the State, Granlcc ma.v., lobby the
exccutive or legislative branch concerning the scope of services, performance, term. or compensation regarding that
agreement. The Grantee shall comp)y with scctions I L062 and 2l6.347, F.S.
28. Record Keeping.
The Crantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordancc with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department. the State, or their authorized representalives shall have access to such records for audit purposes during
the term ofthis Agreement and for five (5) years follorving the completion date or termination ofthc Agreement. ln
the event that any work is subcontractcd. Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request ofDepartment's lnspector General, or othcr authorized
State official, Crantee shall provide any type of information the Inspector General decms relevant to Crantee's
integrity or responsibility. Such information may include, but shall not bc limited to. Grantee's business or financial
records, documents, or files ofany type or form that refer to or relate to Agreement. The Grantec shall retain such
records for the Ionger of ( I ) three years after the expiration of the Agreementi or (2) the period required by thc
Ceneral Records Schedules maintained by the l--lorida Department of State (availablc at;
htto: dos.nrrfl orida-conllibrarv-archivcs,rc rds-managerrent,/seneral-records-schedul
29. Audits.
a, lnsoector General. The Grantee understands its dut,, pursuant to section 20.055(5), F.S.. to cooperate \.vith the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grant€es a[d/br subcontractors issued under this Agreement, if any, irnpose this
requirement, in rvriting. on its sub-grantees and/or subcontractors. respectively.
b. Phvsical Access and Inspection. Depanment personnel shall be given access to and may observe and inspect
work being performed under this Agreenrent. with rcasonable notice and during normal business hours. including
by any ofthe following methods:
i. Grantse shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment. materials or documents;
ii. Grantee shall permit inspection of any facility. equipmenl, practices. or operalions required in
performance ofany work pursuant to this Agre€ment: and,
iii. Grantee shall allow and faciltate sampling and monitoring ofany substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall cornply with the applicable provisions conraincd in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall includc an
updated copy of Exhib it l,toAttachment5. If Department fails to provide an updated copy o f Exh ibit I to in clude
in each antendment that authorizes a funding increase or decrease. Crantee shall request one fronr thc
Departmenl's Grants Manager. The Crantee shall consider the typc of financial assistance (federal and,/or state)
identified in Attachmenl 5, Exhibit I and determine whetherrhe terms ofFederal and,ror Florida Single Audit Acr
Requirements may funher apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Orantee shall utiliz-e the guidance provided under 2 CFR $200.33 | for determining whether
the relationship represents that ofa subrecipient or vendor- For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at rhe following websilc:
httDS:\\aDos.l'l d fs. co m' fs aa.
d- Proo f of Transactions. ln addition to documentation provided to support cost reimbursement as described herein,
Depanment may periodically request additional proofofa transaction to evaluate the appropriateness ofcosts to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal. if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. Ihe Department may also request a cost allocation plan in supporl of its multipliers (overhead, indirect.
Attachment I
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general administrative costs, and fringe benefits). The Grantee n)ust providc the additional proof within thirty
(30) days of such request.
e. No Comnrinslins of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from otheragencies. Funds from each agency must be accounted forseparately. Crantees
are prohibited from commingling funds on either a program-by-progranr or a project-by-project basis. Funds
speci{ically budgeted and/or received for one project may not be used to support another project. Whcre a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient.
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. lf Depanment finds that these funds have been commingled, Department shall have the right to
demand a refund. either in whole or in pan, ofthe funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Crantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demandcd by Department. Intercst on any refund shall be calculated based on the prevailing
ratc used by the State Board of Administration. tnterest shall be calculated from the dare(s) the
original payment(s) are received from Department by Crantee to the dale rcpayment is rnade by
Grantee to Department.
ii. ln the event that the Grantee recovers costsr incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Departnlent for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repaymenr is
made to Department.
iii. Notwilhstanding the requirements ofthis section. the above restrictions on commingling funds do
not apply to agreements where paymellts are made purely on a cost reimbursemcnt basis,
30. Conflict of lnterest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
nranner or degree with the performance ofservices required.
31. lndependent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontrflcting.
a, Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee,
b. The Depanment may, for cause, require the replacement ofany Crantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality ofwork, change in security statu5,
or non-compliance with an applicable Depanment policy or other requirement.
c. The Depanment may. for cause. deny access to Dcparttrent's securq information or any, faciliq by any Crantec
employee. subcontractor. or agenl,
d, The Depanment's actions under paragraphs b. or c. shall not relieve Crantee of its obligation to perfonn all rvork
in compliance rvith the Agreement, The Crantee shall be responsible [or the payment ofall monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurrcd
under any subcontract-
e. The Deparlment will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations.f. The Depanment supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award ofsubcontracts should reflect the full
diversiry- of the citizens of the State. A list of minority-owned llrms that could be offered subcontracting
opportunities may be obtained by contacting rhe Office of Supplier Developmenr at (850) 487-0915.g. The Grantee shall not be liable for any excess costs for a failure to perform, ifthe failurc to perform is caused by
the default ofa subcontractor at any tier, and if the cause ofthe default is completely beyond the control ofboth
Grantee and the subcontraclo(s), and without the lault or negligence ofeither, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to nreet the required delivery
schedule.
33, Gurrantee of Pare[t Company.
IfGrantee is a subsidiary ofanother corporation or other business entity, Crantee assens that its parent company will
guarantee allofthe obligations ofGrartee for purposes offulfilling the obligations ofAgreement. I n the event Crantec
Attachment I
Rc\" I l/13/2024 12 0f 14
@
is sold during the period the Agreement is in effect. Crantec agrces that it will be a requirement of sale that the nerv
parenl company guarantee all ofthe obligations ofCrantee.
3,1. Survivrl.
'l he respective obligations of thc parties, which by their nature \.yould continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration ofthis Agreement.
35. Third Partics,
The Depanmcnt shall not be deemed to assunre any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any p€rson other than the panies. If
Department consents to a subcontract. Grantee \.r'ill specifically disclose that this Agreenlent does not create any third-
party rights. Further, no third parties shall rely upon any ofthe rights and obligations crealed under this Agreement.
36. Seversbility,
lf a coun of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
3?. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work undcr the Agreement shall be properly trained
technicians who meet or exceed any specified raining qualifications. Upon request, Grantee shall fumish a copy of
technical cenification or other proofofqualification, All employees, subcontractors, or agents performing work under
Agreemcnt must comply with all security and admiIistrative requirements of Department and shall comply with all
conlrolling laws and regulations relevant to the services they are providing under the Agreement.
38. Assignm€nt.
The Crantee shall not sell. assiBn, or transfer any ol its rights. duties, or obligations under the Agrcentent, or under
any purchase order issued pursuant to the Agreement, without the prior rvritten consent ofl)epartment, ln the event
ofany assignment, Crantee remains secondarily liable for performance ofthe Agreement, unless Department expressly
waives such secondary liability. The Depanment may assign the Agreement with prior wriften notice to Grantee of its
intent to do so,
39. Compensation Report.
Ifthis Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State.
annually receive 50olo or more of their budget from the State or from a combination of State and Federal flunds, the
Grantee shall provide an annual report. including the most recent IRS Form 990. detailing the total compensation for
the entities'exccutive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay, relirement benefits, deferred compensation. real-propeny gifts, and any other payoul,
Thc Grantee lnust also inform the Department ofany changes in total executive compensation between the annual
reports. All compensation reports must indicate what perccnt ofcompensation comes directly from the State or
Irederal allocations to the Grantee.
40. Disclosure of Gifts from Foreign Sources.
If the value of the grant under this Agreement is $ 100,000 or more, Crantee shall disclose to Dcpartment any current
or prior interest of, any contract with, or any grant or gift received from a foreign country ofconcem, as defined in
section 286. l0l, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest
existed at any time or such contract or granl or gift was received or in force at any time during the previous 5 years,
Such disclosure shall include the name and mailing address ofthe disclosing entity, the amount ofrhe contract or
grant or gifl or the value ofthe interest disclosed, the applicable foreign country ofconcern and. ilapplicablc. the
date of termination ofthe contract or interest, the date ofreceipt ofthe grant or gift. and thc name ofthe agent or
controlled entily that is the source or interest holder. IIthe disclosure requirement is applicable as described above.
then within I year bcforc applying fior any grant, Crantec must also provide a copy ofsuch disclosure to the
Depanment of Financial Services,
41. Food Commodities,
To the extent authorized by federal law. the Deparlment, its grantees, contractors and subcontractors shall give
prcfcrence to food commodities grown or produced in this stale when purchasing food commoditics. inciuding farm
products as delined in section 823. 14, F.S., of any class, varicty, or use thereof in their natural state or as processed
by a farm operation or processor for the purpose of ntarketing such product.
42. Anti-human Traflicking.
Re\. I li 13./2024
Attrchment I
l3 of 14
lfthe Grantce is a nongovemmcntal entity, the Grantcc must provide the Department with an alfidavit signed by an
officer or a representative of the Grantee under penalty of perjury attesting that the Orantee does not use coercion tbr
labor or services as defined in section 7E7.06, F,S.
43. Iron and Steel for Public Works Projects.
Ifthis Agreement funds a "public works proiect" as defined in section 255.0993, F.S., or the purchase ofnaterials to
be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the
United Slates," as defined in section 255.0993, F,S. This requirement does not apply ifthe Department determines
that any ofthe following circumstances apply to the Project:
(l ) iron or steel products produced in the United Statcs are not produccd in sufficicnt quantities, reasonably
avai lable, or of satisfactory quality;
(2) the use ofiron or steel products produced in the Unitsd States will increase the total cost ofthe project by more
than twenty percent (20%); or
(3) complying with this requirement is inconsistent with the public interest.
Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials il
( l) such materials are incidental or ancillary to the primary product and are not separately identified in rhe project
specificarionsl and
(2) the "cost" ofsuch materials, as defined in section 255.0993, F.S., does not exceed one+enth ofone percent (l7o)
ofthe total Project Cost under this Agreement or $2,500. whichever is grcater.
Electrical components, equipment, systems, and appurtenances. including suppons. covers, shielding, and other
appurtenances related to an electrical system that are nccessary for operation or concealmenr (excepting
transmission and distribution poles) are not considered to be iron or steel products and are. therefore. exempt from
lhe requirements ol this paragraph.
This provision shall be applied in a manner consistent with and may not be construed to impair the state's
obligations under any internalional agreement.
44. Complete and Accurate information.
Grantee represenls and wanants that all statemenls and information provided to DEP are current, complete, and
accurate. This includes all statements and informalion in this Grant, as well as its Attachments and Exhibits.
.15. Execution in Counterprrts end Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts.
each of which shall be an original and all olwhich shall constitute the same instrument. ln accordance with the
Electronic Signalure Act of 1996, eledronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorizcd to do so and to bind the respeclive pany lo the Agreement.
Itc\.llil3/2021
Attachmcnt I
It ol l4
@
3
a
b
c
STA'TE OF F],ORIDA
DEPARTMENT OIi ENVIRONNIEN'IAL PROTECTION
Special 'l erms and Conditions
AG RET:MIiN'I' NO. L23OI
A1'TACI I I\I IiNl' 2
Thesc Special Terms and Conditions shall be read together with general terms outlined in the Standard 'l erms and
Conditions. Attachment l. Where in conflic(, these more specific terms shalJ apply.
l. Scope of work,
The Project funded under this Agreement is Athletic Courts Resurfacing. The Project is defined in more detail in
Attachment 3. Grant Work Plan.
Payment Provisions,
Compensation. This is a cost reimbursement Agreement. The Crantee shall be compensated under this
Agreement as desribed in Attachment 3.
lnvoicins. lnvoicing will occur after approvalofthe final delivereable(s).
Advance Pa!. Advance Pay is not authorized under this Agreement
,1. Cost Eligible for Reimburs€ment or Matching Reqrirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicatcd:
Reimbursement
D
Nlatch Catesorv
Salaries/Wages
Overhead/lndirect/General and Administrative Costs:
a. Fringe Benefits, N/A.
b. Indirect Costs, N/A.
Contractual (Subcontractors)
Travel, in accordance with Section 112, F.S.
Equipment
Rental/Lease of Equipment
Miscellaneous/Other Expenses
Land Acquisition
5. Uquipmeot Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Lsnd Acquisition.
Thcre will be no t,and Acquisitions funded under this Agreement
7. Match Requirements
The Agrecment requires at least a 43,8% match on the part ofthe Grantee. Therefore, the Crantee is responsible for
providing $350,000.00 through cash or third party in-kind towards the project lunded under this Agreentent,
8, lnsurnnccRequirements
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Re! 7/08n4
.{ttrrhment 2
I ol- i
2. Duration,
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term ofthc Agreement.
b. Extensions, There are extensions available for this Project.
c. Service Periods, Additional service periods are not authorized under this Agreement.
Reouired Coverage. At all tirnes during the Agreement the Crantee, at its sole expcnse, shall maintain insurance
coverage of such types and with such tcrms and Iimits described below. 'l he limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Crantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively. Crantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreemcnt may be required elservhcre in lhis
Agreement. however thc 4qi4ig34 insurance requirements applicable to this Agrccment are:
a. Commercial Ceneral Liability lnsurance.
The Grantee shall provide adequate commercial general liability insurancc coverage and hold such liability
insurance at alltimes during the Agrcement. The Department. its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250.000 for each
occurrcnce and $500.000 policy aggregate.
b. Conrmqrcial Auto nrobile Insurancc.
lfthe Grantee's duties include the use ofa commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury. and property damage coverage. Insuring clauses for both bodily injury and propeny
damage shall provide coverage on an occurrence basis. The Department, its cmployees. and officers shall
be named as an additional insured on any automobile insurance policy. l'he minimum limits shall be as
follows:
$200,000i300.000 Automobile t.iability for Compan.v--Owned Vehicles. ifapplicablc
5200,000/300,000 HiredandNon-orvnedAutomobileLiabilityCoverage
c. Workers' Conroensation and Enr plol'cr's Liabilitt Covera[e.
Thc Grantee shall provide workers' compensation. in accordance rvith Chapter 440, F.S. and employer
liability coverage wilh minimunr limits of $ 100,000 per accident, $ 100,000 per person. and $500.000
policy aggregate. Such policies shall cover all employees engagcd in any work under the Grant.
d. Other Insurance. None.
9. Quality Assurance Requiremcnts,
There are no special Quality Assurance requirements under this Agreement
10. Retainngc.
No retainage is required under this Agreement.
ll. Subcontracting,
'I he Cranlee may subcontract work under this Agreement without the prior u'ritten consent ofthc Department's
Orant Manager except for cenain fixed-price subcontracts pursuant to this Agreement, which require prior approval
The Grantee shall submit a copy ofthe executed subcontract to the Dcpartment prior lo submitting any invoices for
subcontracted work. Regardless ofany subcontract, the Crantee is ultimately rcsponsible for all work to be
performed under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land
13. Oflice of Polic! and Budget Reporting.
'l here are no special Officc ofPolicy and Budget reporting requirements for this Agreenlent
14. Common Csrrier.
a. Applicable to contracts with a common carrier - firm/person/corporation that as a regular business
tmnsports people or commodities from placetoplace. tfapplicable, Contractor musl also fill outand
r€turn PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section
908.11:(l)(a). Florida Statutes, lhe Depanment willterminate this contract immediatcly ifContractor is
found to be in violation ofthe law or the a(testation in PUR 1808.
b. r\pplicable to solicitations for a common carrier - Before contract execution, the winning Contractor(s)
must fill out and renrm PUR 1808. and attest that it is nol willfully providing any service in furtherance of
transponing a person into this state knowing that the person unlawfully present in the United States
according to the tenns ofthe federal lnrmigration and Nationality Act.8 U.S.C. ss. ll0l et seq. The
Attachment 2
2 of3
I
Rev 7r'08i24
Department will terminat€ a contract immediately ilContractor is found to be in violation ofthe law or the
attestation in PUR 1808.
15, Financial Assistaoceand PaJ-ment of Invoices to Rural Communities or Rural Areas of Opportunity
This agreenrent does not providc fcderal or statc financial assistance to a county or municipality that is a rural
community or rural area ofopponunity as those terms are defined in s. 288,0656(2).
16. Additional lrrms,
N rrn<
Rev 7/ll8/:l
Attachment 2
.l of 3
.lnt, tcrms a,lde,l ltere mu;t be approved b.y the ()lfice of'General Counsel
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STA'I'R, OF FLORIDA
DDPARTMENT OF ENV IRO:{]!IENTAL PIIOTECTIO}I
Public Rccords llequiremcnts
l. Public llecords.
a. Ifthe Agreement exceeds $35.000.00. and ifCrantee is acting on behalfof Department in its perlonnance of services
under the Agreemenl, Crantee must allow public access to all documents. papels. Ietters. or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Crantee in conj unction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of thc Florida
Constitution and section I19.07(l), F.S.
b. The Depanment ma,v- unilaterally terminate the Agreement if Cranlee refuses to allow public access to Public Records
as requircd by law.
2. Additional Public Records Duties ofSection 119.0701, F.S., IfApplicable.
For the pLrrposes ofthis paragraph, the tenn "contract" means the "Agreement." If Cra[tee is a "contractor" as
defined in section 119.0701(lXa).F.S..thefollowingprovisionsapplyandthecontractorshall:
a. Keep and maintain Public Records required by'Departrnent to perform the scrvicc.
b. Upon request. provide Department with a copy ofrequested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cosl that does not exceed the cost provided in Chapter ll9. F.S.. or
as otherwise provided by law,
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subiect to
penalties under section I 19.10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosurc requirements
are not disclosed except as authorized by law lor lhe duration ofthe contract term and tbllowing complction ofthc
contract if the contractor does not transfer the Public Records to Department.
e, Uporr contpletion ofthc contract, transf'er. at no cost. to Departrnent all PLrblic Records in possession ofthe conlractor
or keep and maintain Public Records required by Department to perform the servicc. If the contractor transfers all
Public Records to Deparlment upon completion ofthe conlract. the contractor slrall destroy any.'duplicate Public
Records that are exernpt or confidential and exempl from Public Records disclosure requirements. lf the contractor
keeps and maintains Public Records upon completion ofthe contmct, the contractor shall meet all applicable
requirements for retaining Pubiic Records. All Public Records stored electronically rnust be provided to Depallment.
upon request from Deparlment's custodian of Public Records, in a format specified by Department as compatible with
the information technology sr"stems of Department. Thesc formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word. Outlook. Adobe. or Excel. and any software formats the
contractor is authorized to access.
f, IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OT
CHAPTER I19, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.sgrviecs@floridadep.sov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
I'u blic Rccords Request
3900 Commonwealth Boulevard, MS 49
Tallahassee. Florida 32399
Rcv.4i8i202.l
@
Allachmcnt -l
Attachment 4
lofl
STA'TE OF PLORIDA
DEPAITTMENT OF ENVIRON]VIENTAL PIIOI'ECTION
Spscial Audit llcquirements
(State and Federal Pinancial Assistanre)
Attrclr rn cnt 5
'l'he administration of resources awarded by the Department of Environmental Protection lvhich na1, he re-lbrred to
as the "Depat lment", "DEP", "FDEP" or "Grantot ", or olher nane in lhe agreemekt) to the rccipient (vhiLh mav be
referred to a.s the "Re<ipient". "Gt qntee" or other hame in the agrcemen J may be subject to audits andr'or monitoring
by the Depanment ofEnvironmental Protection, as described in this attachment.
\4ONI'IORI\G
ln addition to reviervs ofaudits conducted in accordance with 2 CFR Pan 200. Subpart F-Audil Requirements, and
Seclion 2|5.97. [:.S., as revised (see "A[,'DITS' below), monitoring procedures may include. but not be limited to.
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425. or other procedures, By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Depanment of Environmental Protection. ln the event the Depaflment of Environrnental
Proteclion determines that a limited scope audil ofthe recipient is appropriale. the recipient agrees to comply with any
additional instructions provided by the Department 1o the recipient regarding such audit. Thc rccipient funher agrees
lo comply and cooperate with any inspcctions. revie\vs. investigations. or audits deemed necessary by thc Chicf
Financial Officer (CFO) or Auditor General.
A L]DI IS
I'.l.RT l: FEt)UR tl.l.\ tl \l)t.l)
This part is applicable ifthe recipient is a State or local government or a non.profit organization as defined in 2 CFR
$200.330
A recipient that expends $1,000,000 or morc in Federal awards in its fiscal year. must have a single or
program-specific audit conducted in accordance with the provisions of2 CFR Part 200. Subparl F. EXtllBl'l'
I to this Attachment indicates Fcderal funds awarded through the Depanmenl of Environmental Protection
by this Agreement. In determining the federal awards expendcd in its fiscal year. thc recipient shall consider
all sources of federal awards, including federal resources received from the Depanment of Environmcntal
Protection. Th€ detennination ofamounts ol federal awards cxpended should be in accordance with the
guidelines established in 2 CFR 200.502-503, An audit ofthe recipient conducted by the Auditor Ceneral in
accordance with the provisions of 2 CFR Part 200.5 l4 will meet the requirements ol rhis pan.
For the audit requirements addressed in Part I, paragraph l, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
A recipient that expends less than SI.000,000 in lederal auards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of2 CFR Part 200. Subpart F-Audit Requirements. lfthe
recipient cxpends less than $1,000.000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audil Requirements. $e cost of the
audit must be paid from non-federal resources (i.e., the cost of such an audit must bc paid from recipienr
resources obtained from non-federal entities).
4. The recipicnt may access information regarding the Catalog offederal Domestic Assistance (CFDA) via the
internet at httos:,/,/sarn.sov/cont nt,/assistancc-listinqs
2
RCS-DEP -\5-lt5
tt{chment 5
I ol7
re!ised I l/191:4
@
This pan is applicable ifthe recipicnt is a nonstate entit) as defined by Section 215.97(2). Florida Statutes
In the event that thc rccipient expends a total anlount ofstate financial assistance equal lo or in excess of
$750.000 in any fiscal year ofsuch recipient (for fiscal years ending June 30, 2017. and thercafter). the
rccipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97. F.S.; Rule Chapter 691-5, F.A.C.. State Financial Assistance; and Chapters 10.550 (local
governmental entities) or I0.650 (nonprofit and for-profit organizations), Rules of the Auditor Ceneral,
EXHIBIT I to this form lists the state financial assistance arvardsd through the Depanment ofEnvironnlental
Protection by this agreemcnt. In determining the state financial assistance expended in its fiscal ),ear. the
recipient shall considcr all sources ofstate financial assistance. including state financial assistance receiyed
from the Department of Environmental Protcclion. other state agencies. and other nonstate entities. Stale
financial assistancc does not include federal direct or pass-through arvards and resourccs rcccived by a
nonstate entity for Federal program matching rcquircments.
ln connection with the audit requirements addressed in Part II, paragraph l: the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8). Florida Statutes. This includes submission of a
financial reponing package as defined by Scction 215,97(2), Florida Slatutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules ofthe Auditor General.
3 Ifthe recipient expends less than $750,000 in stats financial assistance in its fiscal year (for fiscal year ending
June 30.2017. and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes. is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year. and elects to have an audit conducted in accordance with the provisions ofScction
2 I5.97, Florida Statutes. the cost ofthe audit must be paid from thc non-state entity's resources (i.e.. the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
For information regarding the Florida Catalog ofState Financial Assistance (CSFA). a recipient should acccss
the Florida Single Audit Act website located at https:rapps.fldfs.com./fsaa for assislance. ln addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
hnpJ/wv'w.leg,state.fl,us/Welcome/index.cfm, State of Florida's website at http://\aww.mvflorida.com/.
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http:,t,/wrvw.myfl orida,com/audsen,i.
.l
PART lll: OTHER ATJDIT REQUIREMENTS
(NOI E: 'l'his part wotld be used to spectf! oD' o4i,,,onr, urdit requirements inposed b, the St.tle qwarding entit],
lhal qre solely a matter of thal Slale o ,arding entity's policy (i.e., lhe audil is not required by l'ederal or Stqte lq:ws
and it nol in conllict with olher l;ederul or State ardit requirementsl. Pursuant to Section 2 15.97(8), Flotida Statutes,
Slale qgencies ma), conducl or urrdngelor qudits o/ Slqte linoncial assista,rce lhat qrc in addition to audits conducled
in accotdance v,ilh Section 215.97, Florida Statutes. In such an evenl the Stqte &larding agency must arrange.for
lunding thef ll cost of such additional oudits.)
P,\R.l l\': RLPORI St ltlllSSlON
Copies of reponing packages for audits conducted in accordance with 2 CFR Pan 200, Subpan F.Audit
Requirements, and required by PART I ofthis form shall be submitred, when required by 2 CFR 200.512, by
or on behalfofthe recipient directlv to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR $200.501(a)(rhe nurnber ofcopies required b1..
2 CFR S200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address
ll(lS-t)l:P 5).1l5
Attachment 5
2ol7
re!iscd I l/ 19.,21
@
PAR'l l l: S'I'ATE FU\DtlD
By Mail
Fcderal Audit Clearinghouse
Bureau ofthe Census
l20l East loth Street
Jeffersonville. lN 47132
Subm issions of the S ingle Audit reponing package for fiscal periods cnding on or after January I ,
2008, must be submitled using the Federal Clearinghouse's lnternet Data Entry System which can
be found at http://harvester.census.govlfacweb/
Copies offinancial reporting packages required by PART II of this Attachment shall be submitted by or on
behalfofthe recipient directlv to each ofthe follorving:
A. The Department ofEnvironmental Protection at one ofthe following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
OfIce of lnspector Oeneral, MS 40
3900 Commonwealth Boulevard
Tallahassee. Florida 32199-3000
B. The Auditor General's Office at the following address:
r\uditor General
Local Covernment Audits/342
Claude Pepper Building. Room 401
I ll West Madison Street
Tallahassee. Florida 32399- 1450
The Auditor General's website (http:rflauditor.gov/) provides instructions for filing an
electronic copy ofa financial reporting package.
Copies of reports or management letters required by PART Ill ofthis Attachment shall be submitted by or
on behalfofthe recipient dlgg[y to the Department of Environmental Protection at one ofthe following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
tjDEPSineleAudit@deo.state.fl .us
Any repons. management lcttcrs, or other information required to be submifted to the Depanmenr of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance lvith 2 CFR
200.512, section 215.97, F.S.. and Chapters I0,550 (local governmental entities) or 10.650 (nonprofit and
for-prolit organizations), Rules ofthe Auditor General, as applicable.
l
B(;S,t)l:P 5i,2 t5
Atlsrhmcnt 5
3 ol7
rc!rscd I l/ 19./2.1
Electronically:
FDEPSinqleAudit@dep.state.fl .us
.1.
5 Rccipients, when submitting financial repofiing packages to the Depanment of Environmental Protection for
audits donc in accordance with 2 CI:R 200, Subpan F-Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General. should
indicate the date and time the reporling package was delivered to the recipient and any correspondence
accompanying the reporting package.
P,\R I \ : lllr(.OR l) Rt-l h\ I lO\
The rccipient shall retain sufficient records demonstrating its compliance with the terms of the arvard and this
Agreement for a period of five (5) ycars lrom the date the audit rcport is issued, and shall allow the Depanment of
Environmental Protection. or its designee. Chief Financial Officer. or Auditor General access to such records upon
request. Thc recipient shall ensure that audit rvorking papers are nrade available to the Depanment of Environmental
Protection. or its designee, Chicl Financial Officer, or Auditor General upon request for a period of threc (3) ycars
from the date the audil repon is issued, unlcss extended in writing by the DepartDrent of Environmental Protection,
BGS-l)F.P 55-2 t5
r\ttachment 5
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STA'I'E OF FLORIDA
DEPARTME N'T OF ENVI RONMIiNTAL PROTICTION
PROGRAM SPECITIC REQUIREMENTS
LOCAI- PARKS - l.hGISI-.\TIVE LINI'. ITE\l PROJII(l'l'
AT'TACI.IMENT 6
l. Project Submittal Forms.
Administrative Forms. Reimbursement Forms. and Cuidelines referenced in this Agreement may be lound at
htlDsi/,/floridadeD.rov,/lands./land-ancl-rec reA!iOn-grant!!antqnU[r!4p:ass i stance,or b! contacling the Depannlent's
Crant Manager
2. Notice to Commence.
Prior to commencement ofthe Project, the Orantee shall submit to the Department for approval
. A professional site plan:
Commencement certi fi cation:
A boundary survey ofthe project site which includcs a legal description and sketch ofthc site s boundaries. displals
krown easements and encroachments ifany, by legally sufficient to identiry the site. and must be signed and scaled by a
profissional surveyor and mapper licenscd under provis ions ofChapter 472, F.S.:
iv,'IheresultsofatitlesearchandtheopinionpreparedbyamemberoftheFioridaBarorlicensedritleinsurerofthe
project area covering fte ftirty (30) year period prior to approval by the Depamnenr. lvhich attest to a clcar title ou'ned
by the grantee. with no liens. encumbrances or tares held againstthe propeny ora copy ofthlc insurance: andv. Budget CostAnalysis Form.
'l he Crantee nray use the FRDAP Commencement Docunentation Chccklist. DRP- l07to help meet these requirements
and may use the Commencenlent Ccrtification. DRP-108 to satisry requirement 2.ii. ln addition to the Items i. through
vi. above. the Crantee shall submit a copy ofany executed subcontracts to the Departnrent. Upon satisfactory approval
by the Depannrcnt, the Depanment will issue written "Notice to Commcnce" to the Crantee to commence thc Project.
The Crflntee SHALL NOT rrroceed ultil the Department issucs thc "Notice to Commence." The Crantee shall
comntence Task Pcrformance within 90 davs afier the "Notice to Commence" is issued by the Department unless
extended b-r' the Department lor good causc. Until the Department issues the "Noticc to Commence." the Department
is not obligated to pa1 or reimburse Grantee for fees. costs. or general expenses of any kind that rvere incurred prior to
the "Notice to Comrnence. '
J. Project Completion.
All work under this Agreement must be completed no laler than 60 days before the expiration date olthe Agreement.
known as the "Project Completion Date." The Depanment may require the Grantee to do additional rvork before
des ignating the Project "com plete," If the Project has not been designated as complete by the Department by m idn ight
of the Date of Expiration, the Project funds will reverl to the revenue fund fron) which they were appropriated.
4. ProjectComplctionCerlification.
1o certify completion, the Grantee will submit to lhe Depanment a Project Completion Certification. The Crantee
may use the FRDAP Project Completion Cenification, DRP- 1 12, available online and incorporated herein by reference
to satisf) this requirement. The Project must be designated complete prior to the Deparlment releasing final
rcimbursement. .l'he Depaftrnent shall designate the Project complete upon receipt and approval ofall deliverables and
rvhen Project site is open and available for use by the public for outdoor recreation purposcs. -l he Department rvill
release (he retainage when the Department approves the Complelion Documentation. The final payment ofthe retained
amount will be processed within thirty (30) days ofthc Projcct designated complete by rhe Depanment.
@
Rc! 09/llr'2023
Attachrnent 6
I of i
5,
k.
The lollowing is added to paragraph 8, Attachment l. Standard Tcrms and Conditions
Proi ect Costs. lhe De panment rvill reimburse Projccl costs as provided herein. Project Costs shall be incurred
between the effective date of the Agreement, and the Project Completion Date as set forth in the Project
Completion Certification determined and identified herein. Ifthc tolal cost ofthe Project e,\cccds the grant aflount
and the required match (ilapplicable), Grantee must pay the excess cost.
Cost Limits, Pmject planning expenses, such as application preparation, surveys (boundary and topographic), title
searches, project signs, architectural and engineering fees, pennitting fccs, pro.iect inspection f'ees, and other
similar fees are eligible Projcct costs provided that such costs do not exceed fifteen pcrcent (15%) ofthe total
Project cost.
6, The following replaces paragraph 10, Attachment l, Standard Temrs and Condilions:
Status Reports.
a. 'l'he Grantee must utilize the Legislative Line Itcm Status Repon, available online and incorporated herein by
reference, to describe the rvork performed during the reponing period. problems encountered, problem
resolutions. schedule updates and proposed work for the next reponing p€riod. The Project Status Reporls nlust
be submined to the Departmenl's Grant Marrager no latcr than April 20. July 20, October 20 and January 20. The
Departmcnt's Grant Manager has thirly (30) calendar days to review the required reports and deliverablcs
submitted by the Granlee.
b, Additionally, the Grantcc shall comply with the reponing and inventory requirements set forth in the Statewide
Comprehensive Outdoor Recreation Plan (SCORP).available online: httos:,/ifloridadeo.eov/trarks/florida-scom-
outdoor-recrcation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation
lnventory (|ORl) system (adc ll rida-outd r-rccft
7. Site Dedicrtion.
a. Land owncd by the grantee and developed or acquired with legislative Iine item funding must be dedicated in
perpetuity as an outdoor recreational site for the use and benefit olthe general public. Land under control other
than by ownership of the Grantee such as by leasc. must be dedicated as an outdoor recreation area for the use
and benefit ofthe general public for a minimum period oftwcnty-five (25) years from the Project Completion
Date as set fonh in the Pro.ject Completion Certificate. The dedications must be recorded in the county's public
property records by thc Granlee. Execution of this Agreement by the Department constitutes an acceptance ol a
Project site(s) dedication on behalfofthe general public ofthe State ofFlorida.b. Should the Grantee's interest in the land change, either by sale, lease, or other written legal instrument, the Crantee
is requircd to noliry the Department in writing of the change no later than ten ( l0) days aftcr the change occurs.
and the Crantee is required to notify all subsequent parties with interest to the land ofthe terms and conditions as
set forth in this Agreement.
8. Msnagemcnt of Project Sites,
a. Site Inspeclions. Grantees must ensure by site inspections that facilities on the Project site are being operated and
maintained lor outdoor recreation for a minimum period of twenty-five (25) years from the Project Conpletion
Date set fonh in the Project Completion Certificate. .fhe Project site must be open at reasonable times and must
be managed in a safe and atlractive manner.
b. Public Acccssibiliv, All facilities nrust be accessible to the public on a non-exclusive basis. without regard to
age, sex, race, religion, or ability Ievel.
c. Flntrance Fccs. Rcasonablc diflerences in entrallce fees lor siurilar projccts may be allowed on the basis of
residence, but only ifthe Grantee can clearly show that the difference in entrance fees reflects. and is
substantially related to. all economic factors related to park management. and it is not simply relared to the
amount oftax dollars spent by the residents for the park; and that a definite burden on the Grantee in park
maintenance costs clearly justifies a higher fee for nonresidents,
d. Native Planlines. ln developing a project with legislative line item funds, the Grantee musr primarily
use vegetation native to lhe area, except for lawn grasses.
e. The Grantee willobtain Depanment approval prior to any current or luture development offacilities on rhc Project
Site(s). This Agreement is not trans[erable.
9. Procurement Requirements for Grantee.
The Grantee must secure all goods and services for the Projecr according to its adopted procurement procedures
Attf,chment 6
Rev 09/1112023 2 0f3
10. Signage.
The Grantee must erect a permanent information sign on the Project site that credits funding (or a portion thereof) to
the Florida Deparlment ofEnvironmental Protection and the Florida Legislature. The sign must be made ofappropriate
materials, which are durable for a minimum oftwenty-five (25) years after the Project is complete. The sign must be
installed on the Proi€ct site and approved by the Depaflment before the Department processes th€ final Project
reimbursement request.
I l. Termination qnd lneligibility',
ln addition to the remedies provided elsewhere in this Agrccment. ilthe Grantee fails to comply with the tcrms stated
in this Agreement., the Depa(mcnt will terminate this Agreement and demand return of the legislative line itern
funding (including interest). Further. the Grantee agrees to ensure that all necessary permits are obtained prior to
implementing any Grant Work Plan activity that may fall under appJicable federal, statc, or local laws,
12. Conversion.
This Project Site acquired and/or developed with lcgislative assistance must be retained and used for public outdoor
recreation. Should the Grantee conven all or part ofthe Projcct site to other than public outdoor recreational uses. the
Crantee must replace the are4 facilities, resource, or Projecl site at its own expense with an acceptable project of
comparable scope. and quality.
Rev 09/ I li202l
Attachment 6
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llcquircd Sigllnturcsi r\dobc Sig0rture
I)ate:
('ollier Count
Grantcc
tl illing Pcriod
DEP Division: state Lands
Florida Department of Environmcntal Protection
EXHIBIT C
PAYMENT REQUEST SUMMARY FORM
1.130 I
Project Narne and Number
DEP Program l-and and Rccrcation Crants
Billing #:_
l'ro.icct Costs This Billing Cumulativc Project Costs
Contractual Sen,ices
DRP.I I 6
Grantcc Labor
I)t{P-ll7
E mployee Benefits
( _% ol Salaries)
I)irect l'urchascs: Materials & Supplies
t)l{P-1 l8
Iquipment
DRP.II9
l,a ntl \ia lu e
I ndirect Costs
( I 5% of Grantee Labor).I'O'I'AL PI{O.'ECT COSTS $ o.oo $ 0.00
CERTIFICATION: t hereby certify that the above expenses r.r,ere incurred for.the work being
accomplished in the attached progress reports.
I)roject Admin istrrtor Dalc
CERTIFICATION: I hereby certily that the documcntation has been maintained as required to support the
project expenses as repofted above and is available for audit upon requcst.
Project Financial Offi cer
DRP-l l5 (Eilictive 06-19-2015)
l)atc
Page I of I
(; rant€e Stock
DRP- I20