Backup Documents 04/14/2026 Item #16C 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 C` 2 `
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 #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
..f the n„an rhni's ne nature dra— a lith—tiah rntrtina lines ii I rhmtiph #2 comnlete the checklist- and forward to the Countv Attorney Mice.
_ .._...._.. - - -
Route to Addressees ( List in routing order)
Office
Initials
Date
1. County Attorney Office
CAO
CC
Z
2. Board of County Commissioners Office
BOCC
3. Minutes and Records
Clerk of Court's Office
S,
y 15
4. Send via email to:
aubrey.gai•cia+u`.collier.gov
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 m nced to rnngwt staff fnr?dditinnal nr miscinp infnrmatinn
Name of Primary Staff
Aubrey Garcia,
2885 S. Horseshoe Dr
252-2661
Contact / Department
Grants Coordinator I
Agenda Date Item was
4/14/26
Agenda Item Number
16. C.2
Approved by the BCC
Type of Document
Grant Agreement reement
Number of Original
Attached
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)
l .
Does the document require the chairman's original signature STAMP OK Certified
AG
2.
Does the document need to be sent to another agency for additional signatures? If yes',
N/A
provide the Contact Intbrmation (Name; Agency, Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
AG
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
AG
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
AG
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.
AG
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 4t14/26 and all changes made during
the meeting have been incorporated in the attached document. The County
UD
Attorne 's Office has reviewed the changes, if a
applicable.
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
Cal,
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
6C2-1
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Aueement
This Agreement is entered into between the Parties named below, pursuant to section 21 �071, Florida Statutes:
I . Project Title (Project): Agreement Number:
Collier County Pump Station Hardening; & Rehabilitation 1,0I71
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard (Department)
Tallahassee, Florida 32399-3000
Grantee Name: Collier County Board of County Commissioners Entity Type: I,ocal Government
Grantee Address: FF.ID: 59_6000558-176
3299 Tanniami Trail East, Naples, FL. 34112
(Grantee)
3. Agreement Begin Date: Date of Expiration:
July 01, 2025 December 31, 2029
4_ Project Number: Project Location(s): Lat/Long: (26.1007,-8L7702)
(ljdr(jiarenr from __ .9gr. — -
Project Description: the Grantee will complete pump station hardening and rehabilitation activities, which may include elevation of electrical control
panels, upgrade/installation of protection walls, and up,,rades to approximately five older pump stations.
�. Tittal :mount of Funding:Fundinr> Source''
.................................
R State ElFederal
I O State n Federal
S 2,100,000.00 El State O Federal
Grantee watch
Award ixs or Line -Item Appropriations:
LP, GAA Ll 1555, FY 25-26, WPSPTF
2,100,000.O0
Total Amount of Fnndin-u � Grantee Match.. if anvv: S 2.100.000.00
6, Department's Grant Manager Grantee's Grant Managcr
Name: Emmanuella Maciuko Name: Damian C.`uadrado
or successor
Address: Florida Dept. of Environmental Protection
..._..._.. ....... _ ..._.....
3900 Commona-ealth Blvd., MS 3602
or successor
Address: Collier County Board of County Connamissione
3339 Tamirmi Trail East:, Suite 303
Tallahassee, FL 32399-3000 Naples, FL 34112
..__................__.....
....... ---._......._-_.-__.................._............_._....
11hone: 850-245-2087 Phone: 239-252-5377
__ ... - _.............. .
Email: Emman uella. Mad itkot&,Flo ridaDEP.gov Email:tisimian.cutulrsatloucolliercountyfl.gov
7. The Parties agree to comply with the terms and conditions of the following, attachments and exhibits which are hereby
inom-prirated by reference:
Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
_• Attachment 2: Special Terms and Conditions
• Attachment 3: Grant Work Plan
-.....__...__............_ .............._._._...__ —_..___..........._......_............_....._....
Attachment 4: Public Records Requirements
F Attachment 5: Special Audit Requirements
- Attachment 6: Profrann-Specific Requirements
.Attachment 7: Grant Award berms (l"edera) "Copy available at ham, pia Ca tldfs.com. to accordance ti%ith se�uon _ 1> 995. tS.
i...a Attachment 8: Federal Regulations and 'Terms (Federal)
Additional Attachments (if necessary):
..
Em Exhibit .A: Progress Report Form
[� Exhibit 13: Property Reporting Form
_......................._. _.. -------._._ ..............
Ci Exhibit C: Payment Request Summary Form.. — _...__ _......__....__ _ ....._._..__.._
n Eixhibit D: Quality Assurance Requirements
Exhibit E: Advance Payment I erms and Interest. Earned Memo �-
iL, Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR 1808 (State)
DFF Agreement No. 1,0171
Rev. 6/ 14/24
"M
Exhibit N Non-Profit Organization Compensation Form(State)
Exhibit I:Forced Labor Attestation Form
Additional Exhibits(if necessary
8. The following information applies to Federal Grants onix and is identified in accordance sti ith 2 C'FR 200.331 (a)(It:
Federal Award Identification humberts)(FAIN):
Unique Entity IdentifierlUED: _.
Federal Award Date to Department: —� —
Federal Award Project Description:
Total Federal Funds Oblieated by this Agreement:
Federal Awarding Agency; _.. . _._._
Award R&D? Li Yes LJN'A
IN WITNESS WHEREOF,this -Agreement shall be effectixe on the date indicated h the agreement Begin Date unless
another date is specified in the grant documents.
Collier County Board of County Commissioners GRANTEE
Grantee team`
By Lic LI]t
(.l ut :tried.Signature,; Date.igne
Dan Kowal.Chairman
Print Name card I itle of Person Signing
State of Florida Department of Immronn,ental Protection DEPART\lE:N1
Digitally signed by Angela Knecht
By Date:2026.04.16 15:45:37-04'00'
Secretar> or Designer I)
Angela Knecht_Director.Divisinn of'W arter Restoration Assistance
Print Name and l"itle of Person Signing
QAdditional signatures attached on separate pace.
niahJc
• r T CLERK
DM'Agreement No. L0171 Res.6 14.24
CA()
DWRA Additional Signatures
Emmanuella Digitally signed by Emmanuella
Maduko
Maduko Date:2026.04.15 17:00:37-04'00'
Emmanuella Maduko,DEP Grant Manager
David M. Taylor Date:Digitally2026 signed by.04.16 David09:24:38 M.-04'Taylor
David M.Taylor,DEP QC Reviewer
1 sc210
STATE, OF FLORIDA
DEPARTNIENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHiMENT I
I. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and Supersedes, all prior
agreements, whether written or oral. with respect to such subject matter, Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence_ I f there are conflicting provisions among the documents that make up the Agreement, the
order of'precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1. Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal. and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties' Grant 'vIanagers. All written communication shall be by electronic mail,
L.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 acknowledged by recipient. If the notice is delivered in multiple ways. the notice will be considered
delivered at the earliest delivery time.
c. if a different Grant Manager is designated by either party after execution ofthis ,Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant klanaler does not require a formal amendment or change
order to the Agreement.
d. This Aggreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of'the
following:
(1) an increase or decrease in the Agreement funding amount;
(2) a chance in Grantee's match requirements;
(3) a change in the expiration date of the Agreement;
(4) changes to the cumulative amount of funding transfers between approved budget cate��aries, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget.
as last approved by Department; and/or
(5) any changes to the terms and conditions of the Agreement other than the specific instances enumerated below
when a change order may be used.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change.
('?) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant �k ork
Plan, are less than twenty percent (200,o) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant :Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
I..,egisIattire.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begun 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 o❑ or after the date ofexecution through the expiration date of this Agreement..
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
Attachment 1
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Rev. 7/2/2025
i'A`r1 t
I6C2
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terns and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The set -vices or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this .Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance IVleasures.
The Grantee warrants that: ( i ) the services will be performed by qualified personnel, (2) the services will be of the
kind and quality described in the Grant 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, of any third party; and (5) its
employees, subcontractors. and/or subrecipients shall comply with any security and safety requirements and processes.
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of deliverv.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee's expense. If Department's Grant (Manager does not accept. the
deliverables within 30 days of receipt, they will be deemed rejected.
h. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan. as incomplete, inadequate, or unacceptable due, in whole or in pate, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee'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 of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the .Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Pavntent. In 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 withhold payment when the
Grantee has failed to perfornv'comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed. unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe. Department rnay, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. I f the CAP is not accepted, Grantee shall have ten (10) days from
receipt of'Depar-tntent letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
Attachment 1
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Rev. 7/2%202i
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ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any, of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps. or to terminate this Agreement for failure to perfonia.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment. v
a. Pavrnent Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department. Department agrees
to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee.
however, shall not be exempted front paying any taxes that it is subject to.. including State sales and use taxes, or -
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Departntenl. The Grantee shall riot use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FiCA-Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement_fnr C.osts,, The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C:, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules. and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: httL)s::;'www.mvfloridactcr.cant/does-sf7accourttin,-ancl-auditing-libraries;"state,-
a�.enr ieuret� rence-t'uide-for-state-expenditures.pdf.
e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a
"rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2). F.S., such Grantee
may request front the Department that all invoice payments under this Agreement be directed to the relevant
county or municipality or to the RAO itself. The Department will agree to Grantee's request if:
L Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or
"rural area of opportunity" under subsection 288.0656(2), F.S.;
ii. (grantee demonstrates current financial hardship using one (1) or more of the "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.;
iii. Grantee's performance has been verified by the Department, which has determined that Grantee is
eligible for invoice payments and that Grantee's performance has been completed in accordance
with this Azreentent's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulatlon(s) allow for such payments.
This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule.
or, regulation. A current list of Florida's designated RAOs can be accessed at the following web address:
hops`'floridaiobs.ong!comnninity-Rlannini-,-and-development/ruraI-cog)tInUrli c-PLk ranls/rruraI-areas-oI
op}xrrtun itv .
f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and
post -audit to be performed. 'rhe Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
��. State Funds DQCUnterttation, Pursuant to section 2116.1366, F.S., it'Grantee meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Grantee must provide the Department with documentation that
indicates the amount of state funds:
Attachment 1
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Rev, 7,12/2025
C i
1 6 C 2
i. Allocated to be used during the Pull term of' the contract or agreement fi:rr remuneration to any
member of the board of directors or an officer.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State's the contract tracking system and maintained pursuant to section 215.985, I-,S., and must be
posted on the Grantee's website, if Grantee maintains a tiwebsite.
h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement 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 Appropriation Contingences. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the L..etgislattire, This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded. with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of .administration. To obtain the applicable interest rate, please refer to:
littps: //www. III V 11 ori dac fo.conv'd i v, is i on .;aa/I ocal - L) overtitin ents"iud2ement-interest-rates.
I. Refund of Pavments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess ol'the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. Ifthis Agreement is funded with federal funds
and the Dertrnent is. required to refund the federal <ggv_ernment, the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or \latch is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification. direct salary rates.. and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overheadiindirect!Geitera] and Administrative Costs. If 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 supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual/Subaward Costs (Subcontractors!Subrecipicnts). Match or reimbursement requests for payments to
subcontractors/subrecipients must be substantiated by copies of invoices with backup documentation identical to
that required from Grantee. Subcoratract-,.'sttbaw'atds which involve payments for direct salaries shall clearly
identity 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 supported by audit. if
Department determines that multipliers charged by any subcontractor""subrecipient exceeded the rates supported
by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written
notification. Interest shall be charged on the excessive rate. Nonconsumable and'or nonexpendable personal
property or equipment costing S5.060 or more purchased for the Project under a subcontract/subaward is subject
to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code
(F.A.C.'.) and/or Chapter 691-73. F,r1.C'., as applicable. For grants funded with federal funds, noneonsurnable
and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a
subcontractlsubaward is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for
maintaining appropriate property records for any subcontracts%subawards that include the purchase of'equiprnent
as part or the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts%'subaward issued under this Agreement. if any, impose this requirement, in writing, on its
subcontractorslsubreci pients.
Attachment 1
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CA4.
6c2°
i. For fixed -price (vendor) subcontracts/subawards, the following provisions shall apply: I he Grantee
may award. on a competitive basis, fixed -price subcontracts/subawards to consultants/contractors
in performing the work described in Attachment 3. Grant Work Alan. Invoices submitted to
Department for fixed -price subcontracted/subawarded activities shall be supported with a copy of
the subcc>ntriictor,�subrecipient's invoice and a copy of the tabulation form for the competitive
procurement process (e.g.. Invitation to Bid. Request for Proposals, or other similar competitive
procurernent document) resulting in the fixed -price subcontract.Isubaward. I he Grantee may request
approval from Department to award a fixed -price subcontract/subaward resulting from procurement
methods other than those identified above. In this instance. Grantee shall request the advance written
approval from Department's Grant Manager of the fixed price negotiated by Grantee. The fetter of
request shall be supported by a detailed budget and Scope of Services to be performed by the.
subcontractor'subrecipient. Upon receipt of Department Grant Manager's approval of the fixed -
price amount. Grantee may proceed in finalizing the fixed -price subcontractlsuba�vard.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S., or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112,061.
F.S.
e. Direct Purc}tase Equipment. For grants funded fully or in part 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 more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor/subrecipient. Include copies of invoices or receipts to document purchases, and a
properly completed Exhibit B. Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
a Miscellaneous/Other Expenses. If miscellaneous or other expenses. such as materials, supplies, non-exchuled
phone expenses, reproduction. or mailing, are reimbursable or available flor match or reimbursement under the
terms of'this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally• independent of Grantee's contract obligations to its subcontractorisubrecipient,
Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court
costs; civil or administrative penalties; or handling fees. such as set percent overages associated with purchasing
supplies or equipment.
h. l,_an Acquisition. Reimbursement for the costs associated with acquiring interest and/or rigghts to real property
(including access rights through ingresslegress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following. as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps. Acreage Certification. Title Search Reports. "Title Insurance, Closing
Statements'Documents, Deeds, Leases, Easements, License Agreements. or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match fir any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A.
Progress Report Form, to Department'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 reporting requirement; the quarterly reporting periods end on March 31..Tune 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Rettrnage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
Linder this Agreement tip to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of`all deliverables.
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b. If Grantee fails to perform the requested work or fails toper rorni the work in a satisfactory manner, 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 failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainase forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c. No retainaae shall be released or paid for incomplete work while this Agreement is suspended.
cf. Except as otherwise provided above. Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Subrecipients and'or Subcontractors. The Grantee shall require its subrecipients
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its subrecipients and/or subcontractors, if any_, to
make compliance with the insurance requirements of'this Agreement a condition of all contracts that are related
to this Agreement. Subrecipients 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 of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement. Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this .-Agreement. Upon receipt of written request from Department. Grantee shall furnish
Department with proof'of applicable insurance coverage by standard form certificates of insurance, a self' -
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that. any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage. Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
e. Insurance Trust. if the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective (late of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work. to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
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. if, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of'henmination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Deparument. Grantee shall not furnish any service or deliverable on the date. and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed. Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. C_ontintogtion of Prepaid Services. If Department has paid fir any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or.. at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
:Attachment '1
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e. Transition of Services Upon Termination. },xniration. or Cancellation of the Agreement, if services providedunder the Agreement are being transitioned to another provider(s). Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan, '1 he Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defutlts in the performance of any covenant or obligation contained in the Agreement, including, any of'
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee. the following non-
exclusive list of events, acts, or omissions. shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so. or abandonment of the Agreement,
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report kvith incorrect,
incomplete, or insufficient information;
d. Failure to honor anv term of the Agreement;
e. Failure to abide by any statutory, regulator, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing, authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement,
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act:
h. Failure to maintain the insurance required by this Agreement:
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and N illing-ness to fulfill its obligations
under the Agreement:
i. entry of an order for relief under Title I I of the Linited States C'ode:.
ii. The making by Grantee ofa general assignment for the benefit of creditors;
iii. The appointment ofa general receiver or trustee in bankruptcy of Grantee's bLiSilleSS 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 Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, 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: ( I) issue a notice authorizing
resulmption of work, at which time activity shall resume: or (2) terminate the Agreement. if the Agreement is
terminated after 30 days of suspension, the notice of' suspension shall be deemed to satisfy, the thirty (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
Coll) Pell sat ion.
17, force Ma•jeure.
The Grantee shall not be responsible for delay resulting from its failure to perform ifneither the fault northe negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of'God, wars, acts
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of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors/subrecipients or suppliers if no alternate source of supply is available to Grantee.
in case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the 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 arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
five
foreseeable, within days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE; Tli!•.; GRANTU'E'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy, No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department fi:>r direct, indirect,
consequential, impact or other costs, expenses or damages.. including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever, if
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value ofthe Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchase may be deducted from the Agreement quantity; or (3) terminate Agreement in Nvhole or
in part.
18. Indemnification.
a, The Grantee shall be fully liable for the actions of its agents, employees, partners, and
subcontractorsrsubrecipients and shall fully indemnify. defend, and hold harmless Department and its officers,
agents, and employees, front suits, actions, damages, and costs of every name and description arising 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, partners, and subcontractors;:subrecipients. provided,
however, that Grantee shall not indemnify for that: portion of any loss or damages proximately
caused by the negligent act or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: ( I ) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense, and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost. expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. N!otwilhstanding sections a. and b. above.. the following,. is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party, hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either part); of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indennify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida. or
otherwise impose liability on Department for which it would not othenvise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability forany claim arising from this .Agreement is limited to compensatory damages in an amount
no ;greater than the. Burn of the. unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of S100.000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
rentedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
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other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties. costs and the like asserted by or- against it.
21. Waiver.
'i'he delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deerned a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
Of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts/Sub:iwards.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Granteeisubcontractor subrecipient knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall
be responsible for including this provision in all subcontracts/stibawards with private organizations issued as a
result of this 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 list, or the antitrust violator vendor list:
i. PubU.,E..nt_itv Crime. A person or affiliate who has been 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 not submit a bid, proposal. or reply on a
contract with a public entity for the construction or repair of a public building or public work: may
not submit bids, proposals, or replies on ]cases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold anuxrnt
provided in section 287.017, F .5., for CATEGORY "TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list 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 of a public building or public work: may riot submit bids, proposals. or replies
on leases of'real property to a public entity: may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust 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 public building or public work; may not submit a bid, proposal.. or reply on leases of real
property to a public entity: 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 Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discrirtiinatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of .Management Services,
Office of`Supplier Development, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all 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 subcontracts/subawards issued as a result of this Agreement.
b. File Grantee, its subrecipients. subcontractors and agents must also comply with the following civil rights laws
and regulations:
i. 'I'itle VI of the Civil Rights Act of 1964 as aniended (prohibiting discrimination in federally assisted
programs on the basis of race, color, or national origin in the delivery of services or benefits):
Attachment 1
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ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting
discrimination on the basis of sex in the delivery of services or benefits under the Federal Water
Pollution Control Act as amended);
iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs
on the basis of disability, both in employment and in the delivery of services and benefits);
iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis
of age in the delivery of services or benefits);
V. 40 C.F.R. Part 7, (implementing Title Vi of the Civil Rights Act of 1964, Section 13 of the 1972
Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of
1973 );
vi. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092.. F.S.),
including Part 1, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex,
pregnancy, national origin, age, handicap, or marital status).
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d_ Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the 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 attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - infrastructure Projects with Federal Funding.
This provision does not apply to A„;reements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds upended before the waiver
or after expiration of the waiver.
If applicable. Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States -this means tine manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States -this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools. equipment, and supplies. such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment. that are used at or within the finished infrastructure prclject but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in pars by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official investing in America
emblem and must identify the project as a `project funded by President Biden's Bipartisan
Infrastructure Law" or "project funded by President Biden's inflation Reduction Act" as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
Attachment I
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The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official investing in America emblem available at:
htt s:%/wkv"v.g a.eov/investlinyestill america-si na'e.
P .....— .................... �..�._.___..._ �b ,._
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200323).
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or sea() into the appropriate non-English language(s). The costs of such translation arc allowable.
provided the costs are reasonable.
26. ;Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel i.,ist or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification: or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the germ of the Aereement.
b. Ifthis Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the (rail
Petroleum Energy Sector List. or engaged with business operations in Cuba or Syria as identified in
section 287.1 15, F.S. Pursuant to section 287.135, F.S.,. the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleur Energy Sector List. or engaged with business
operations in Cuba or Syria during the term of the Agreement.
C. As provided in subsection 287.135(8), F.S.. if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. U.01wing and integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books. records and documents directly pertinent to perfitrmance under this Agreement in
accordance with United States generally accepted accounting principles (GS GAAP) consistently applied. "fhe
Department, the State, or their authorized representatives shall have access to such records for audit put -poses during
the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. in
the event that any work is subcontracted or subawarded, Grantee shall similarly require each
subcontractorisubrecipient to maintain and allow access to such records for audit purposes. Upon request of
Department's Inspector General, or other authorized State official. Grantee shall provide any type of information the
inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall
not be limited to. Grantee's business or financial records, documents, or files ofany type or form that refer to or
relate to Agreement. The Grantee shall retain such records for the longer of: ( I ) three years after ttte expiration of
the Agreement: or (2) the period required by the General Records Schedules maintained by the Florida Department
of State (available at: haft %%dos.rm i7oriilt_utm_,.I�h�ary archives`reutr<i...... nit mcntleeneral-reci>uti , ticlic�lulc;, ).
29. :audits,
a. lnst)ector General, The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit. inspection, review. or hearing. The Grantee will comply with this
duty and ensure that its subrecipients and/or subcontractors issued under this Agreement, if' any, impose this
requirement, in writing. on its subrecipients and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Aereement, with reasonable notice and during normal business hours, inclading
by any of the following methods:
Attachment I
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Rev. 7/2 7202
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i. Grantee 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, equipment, practices, or operations required in
perforniance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of any 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 ReguirementL_ The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include at)
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit I to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's (;rants Manager. The Grantee shall consider the type of financial assistance (federal and/or state')
identified in Attachment 5, Exhibit 1 and determine whether the ternis of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this .Agreement, For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a 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 the following website:
https^;�•at�ns.fidfs.com`:fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs 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. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect.
general administrative costs, and fringe benefits). The Grantee must provide the additional prool' within thirty
(30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting systern cannot comply with this requirement. Grantee, or subrecipient,
shall establish a systern to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled. Lepartment shall have the right to
demand a refund, either in whole or in part. of the funds provided to Grantee under this Agreement
for non-compliance with the material terns of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payments) are received From Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department. from another source(s). Grantee shall reimburse Department 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 paymen(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The (:grantee is an independent contractor and is riot an employee or agent of Department.
32, Subcontracting/Subaw,rr-(Is.
a. Unless otherwise specified in the Special "terms and Conditions.. all services contracted for are to be performed
solely by Grantee.
Attachment 1
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b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor/subrecipient. or
agent. For cause.. includes, but is not limited to, technical or training qualifications, quality of work, change in
security status, or non-compliance with an applicable Department policy or other requirement.
C. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor'subrecipient, or agent.
d. I he Department`s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract/subaward. The Department shall not be liable to any subcontractor./subrecipient for any expenses or
liabilities incurred under any subcontract/subaward, and Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under any subcontract; subaward.
e. The Department will not deny (:grantee's employees, subcontractors/'subrecipients, or agents access to meetings
within the Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. A list of minority -owned firms that could be offered subcontracting opportunities may be obtained by contacting
the Office of Supplier Development at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor/subrecipient at any tier, and if the cause of the default is completely beyond the
control of both Grantee and the subcontractors).,subrecipient(s), and without the fault or negligence of either.
unless the subcontracted/subawarded products or set -vices were obtainable from other sources in sufficient time
for Grantee to meet the required delivery schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company Nvill
guarantee al of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In t:hc event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. Survival.
The respective obligations of the parties. which by their nature would 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 of this Agreement.
35, 'Third Parties.
The Department shall not be deemed to assume 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 part);. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract/subaward, Grantee will specifically disclose that this Agreement does not create
any third -party rid, its. Further, no third parties shall rely upon any of the rights and obligations created under Phis
Agreement.
36. Severability.
If a court of cornpetent 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.
37. Grantee's Employees, Subcontractors/Subrecipients and Agents.
All Grantee employees, subcontractors-subrecipients, or agents performing work under the Agreement shall be
properly trained technicians who meet or exceed any specified training qualifications. Upon request. Grantee shall
furnish a copy of technical certification or other proof of qualification. All employees. subcontractors/subrecipients,
or agents performing work under Agreement must comply with all security and administrative requirements of'
Department and shall comply with all controlling laws and regulations relevant to the services they are providing
under the Agreement.
38. Assignment.
The Grantee shall not sell, assign. or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment. Grantee remains secondarily liable for performance ofthe Agreement. unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
39. Compensation Report.
If this Agreement is a sole -source, public -private agreement or if the Grantee, through this agreement with the State,
annually receive 50 'o or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Fot7rn 990, detailing the total compensation for
,Attachment I
13 of' 14
ReN. 7/12025
,CA (
16C2-",
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation. real -property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation conies directly from the State or
Federal allocations to the Grantee.
40. Disclosure of Gifts from Foreign Sources.
I f the value of the €rant under this Agreement is S 100,000 or more. Grantee shall disclose to Department any current
or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in
section 286.101. I`.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 grant or gift was received or in force at any time during the previous 5 years.
Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or
grant or c=ift or the value of the. interest disclosed, the applicable foreign country of concern and, if applicable, the
date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or
controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above.
then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the
Department of Financial Services.
41. Food Commodities.
To the extent authorized by federal law, the Department. its grantees, contractors and subcontractors'subrecipients
shall give preference to food commodities grown or produced in this state when purchasing food commodities,
including firm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state
or as processed by a farm operation or processor for the purpose of marketing such product.
42. Anti -human Trafficking.
If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an
officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for
labor or services as defined in section 787.06, F.S.
43. Iron and Steel for Public Works Projects.
If this Agreement funds a "public works project" as defined in section 255.0993, F,S., or the purchase of materials to
be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the
United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines
that any of the following circumstances apply to the Project:
( I ) iron or steel products produced in the t>nited States are not produced in sufficient quantities, reasonably
available, or of satisfactory quality-
(2) the use of iron or steel products produced in the United States will increase the total cost of the 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 if.
(1) such materials are incidental or ancillary to the primary product and are not separately identified in the project
specifications: and
(2) the "cost" of such materials, as defined in section 255.0993, P.S., does not exceed one -tenth of one percent ( I
of the total Project Cost under this Agreement or S2,500, whichever is greater.
Electrical components. equipment, systems, and appurtenances, including supports. covers, shielding.. and other
appurtenances related to an electrical system that are necessary for operation or concealment (exc,cptin
transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from
the requirements of this paragraph.
This provision shall be applied in a manner consistent with and may not be construed to impair the stage's
obligations under any international agreement.
44. Complete and Accurate information.
Grantee represents and warranty that all statements and information provided to DEP are current, complete, and
aecunate. This includes all statements and inf'omiation in this Grant, as well as its Attachments and Exhibits.
4:5. Execution in Counterparts and 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 of which shall constitute the same instrument_ In accordance with the
Electronic Si;nature Act of 1946, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written si_naturc . Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
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STATE: OF FLORIDA
DEPART.NMENT OF ENVIRONNIEN"I'A1.. PROTI 'TION
Special Perms and Conditions
AGREEMENT NO. L0171
ATTACJINIEN"I' 2
These Special Terms and Conditions shall be read together with general terms outlines{ in the Standard "Perms and
Conditions. Attachment 1. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is Collier County Pump Station Ilardening c� Rehabilitation. The Project
is defined in more detail in Attachment 3, Grant �'v�ork Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the tern of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensgon. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guidc for State Expenditures, as indicated:
Reimbursement Match Cateeory
`]
❑
Salaries/Wages
Overhead ;Indirectr'GeneraI and Administrative Costs:
❑
❑
a. Fringe Benefits. N/A.
❑
b. Indirect Costs, N/A.
�t
❑
ContractuaUSubaward(Subcontractorsr'Stibrecipients)
❑
Travel, in accordance with Section 112. F.S.
❑
❑
Equipment
❑
❑
Rental/Lease of Equipment
❑
❑
Miscellaneous/Other Expenses
❑
❑
Land Acquisition
S. Equipment Pnrchase.
No Equipment purchases shall be funded under this Agreerent.
G. Land Acquisition.
There will be no hand Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
8. insurance Requirements
Required C'c>verae. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
Attachment 2
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maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida. or
alternatively, Grantee may provide coverage through a self-instn•ance program established and operating under the
laws of Florida. Additional insurance requirements for this Agn-cement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees. and officers shall be named
as an additional insured on anv general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of'a commercial vehicle. the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees. and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company -Owned Vehicles. if applicable
$200,000/300,000 Hired and Non -owned Automobile Liability Coverage
c. Workers' Compensation and Finiplrs L,iabilitkCovera re.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of $100.000 per accident, 5100,000 per person, and M0,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
d. Other insurance. None.
9. Quality Assurance: Requirements.
There are no special Quality Assurance requirements under this Agreement.
10, Retainage.
No retainage is required under this Agreement.
11. Subcontracting/Suba�vards.
The Grantee may subcontract/subaward work under this Agreement without the prior written consent of the
Department's Grant Manager except for certain fixed -price subcontractsisul>awards pursuant to this Agreement, which
require prior approval. Regardless of any subcontract/subaward, the Grantee is ultimately responsible for all work it.)
be performed tinder this Agreement. Upon request by the Department's Grant Manager, the Grantee will submit a
copy of the executed subcontract.
12. State-owned Land.
The work will not be performed on State-owned land.
1.3. C)ffice of Policy and Budget Reporting.
The Grantee will identify the expected return on investment for this project and provide this information to the
Governor's Office of Poliev and Budget (OPB) within three months of execution of this Agreement. For each full
calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days
after the end of each quarter, documenting the positive return on investment to the state that results from the
Grantee's project and its use of funds provided under this .Agreement. Quarterly reports will continue until the
Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever
occurs first. All reports shall be submitted electronically to OPB at cur roi,a I<3spbs st �ite.ILias, and a copy shall also
be submitted to the Department at legislativeaffairs ii tloridaDEP uov.
14. Common Carrier.
a. Applicable to con tracts'subawards with a common carrier firni'person'corporation that as a regular
business transports people or colmnodities from place to place. If applicable. Contractor'Subrecipient
must also fill out and return PL-R 1808 before contract'subaward execution. If'Contractor/Subrecipient is a.
Attachment 2
2of3
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L. A
common carrier pursuant to section 908.111( I )(a), Florida Statutes, the Department will terminate this
Agreement immediately if Contractor'Subrecipient is found to be in violation of the law or the attestation
in PUR 1808.
b. Applicable to solicitations fora common carrier Before contract execution, the winning Contractor(s)
must fill out anti return PUR 1808. and attest that it is not willfully providing any set -vice in furtherance of
transporting a person into this state knowing that the person unlawfully present in the united States
according to the terms of the federal Immigration and Nationality Act. 8 U.S.C. ss. 1 101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
15. Financial ;assistance and Payment of Invoices to Rural Communities or Rural areas of Opportunity
This agreement does not provide federal or state financial assistance to a county or municipality that is a rural
community or rural area of opportunity as those terms are defined in s. 288.06?6(2).
16. Additional Terms.
\one.
. ttachment 2
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ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Collier County Pump Station Hardening & Rehabilitation
PROJECT LOCATION: The Project will be located in the unincorporated area within Collier
County; Lat/I-,ong (26.13279,-81.77377).
PROJECT BACKGROUND: The Collier County Board of County Commissioners (Grantee) and
the conuMutnity face routine threats of severe weather, flooding. and storm surge. Grant funds will be
used for hardening and rehabilitation of approximately five pump stations susceptible to flood water
inundation. This project will improve pump station performance and reliability and reduce service
outages and required repairs after storm events.
PROJECT DESCRIPTION: The Grantee will complete pump station hardening and rehabilitation
activities, which may include elevation of electrical control panels, upgrade/installation of protection
walls, and upgrades to approximately five older pump stations.
TASKS: All documentation should be submitted electronically unless otherwise indicated and should
be submitted prior to the expiration of the grant agreement.
Task 1: Construction
Deliverables: The Grantee will construct the Collier County Pump Station 1-lardening & Rehabilitation
project in accordance with the final design.
Documentation: The Grantee will submit: 1) a copy of the final design; 2) a signed summary of
activities completed for the period of work covered in the payment request, using the format provided
by the Department's Grant Manager. Upon request by the Department's Grant Manager, the Grantee
will provide additional supporting documentation relating to this task.
Performance Standard: The Department's Grant Manager will review the documentation to verify
that the deliverables have been completed as described above. Upon review and written acceptance by
the Department's Grant Manager; a payment request may be processed.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no
more frequently than monthly.
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding
task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below.
For payment requests that include Contractual Services. the Grantee shall provide documentation of
flip nrnolirament nrnce¢s_ as consistent kvlth Attachment 1. Section 9.c.
Task--
-
Grant
Task
Task
No.
Task TitleBudget
Cate�!o►•y
Amount
Start Date
End Date
I
Construction
Contractual
$2,I00,000
07/01/2027
06l30/2029
Services
Total:
$2,100,000
DEP Agreement No, L0171, Attachment 3, Page I of 2
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9
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
Public Records.
If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement. Grantee must allow public access to all documents, papers, letters, or other material. regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution and section 1 19.07(1). F.S.
The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph., the tern "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 1 19.070I(I )(a), F.S.. the follotiving provisions apply and the contractor shall:
Keep and maintain Public Records required by Department to perform the service.
Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time; at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
A contractor who fails to provide the Public Records to Department tivitliin a reasonable time may be subject to
penalties under section 1 19.10, F.S.
Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy., any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public. Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These 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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 1.1.9, 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.services,(t floriciadeh.�-,ov
Mailing; Address: Department of Environmental Protection
AT'TN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
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STATE OF FLORIDA
DEPART'MEN'I' OF ENVIRONMEN't'AIa PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which ntav be reJerrred to
as the "IDeparlment", 'DET" "I'DEP" or "Grantor", or other name in the ctgrcemenl) to the recipient (which nary he
re/errced to as the "Recipient", "Grantee" or other name in the agreerncent) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200. Subpart F-Audit. Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" 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. Fay
entering into this Agreement. the recipient agrees to comply and cooperate with any monitoring procedures processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of F..nvironmental
Protection determines that a limited scope audit oftherecipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief'
Financial Officer (CFO) or Auditor General.
/s11111611116i
PART 1: FEDI,RAL.;I..X FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 ChR
�200.330
A recipient that expends S1,000,000 or more in Federal awards in its fiscal year, must have a single or
program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXIAIBYf
to this Attachment indicates Federal funds awarded through the Department of Environmental Protection
by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider
all sources of federal awards, including federal resources received fi-orn the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200,502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. ['or the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 ('F R 200.508-512.
A recipient that expends less than S1,000.000 in federal awards in its fiscal year is not required to have at)
audit conducted in accordance with the provisions of 2 CFR Part 200. Subpart F-Audit Requirements. If the
recipient expends less than $1.000,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the
audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient
resources obtained from non-federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
intcrnet at htlps_/'smn.gnv.con en0f4ssi9$mce-Listinr?s.
Attachment
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (tier fiscal years ending; June 30, 2017, and thereafter), the
recipient 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 the current Rules of the Auditor
General. EXHIBIT I to this form lists the state financial assistance awarded through the Department of
Environmental Protection by this agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial
assistance received from the Department of Environmental Protection, other state agencies, and other
nonstate entities. State financial assistance does not include federal direct or pass -through awards and
resources received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. 'I'his includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and the current Rules of the
Auditor General.
It the recipient expends less than $7.50.000 in state 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 of'Section
215.97, Florida Statutes, the cost of the audit must be paid from the 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 of State Financial Assistance (CSI-A), a recipient should access
the Florida Single Audit Act Website located at lit tL. 'apps.ndfs.com'fsaa for assistance. In addition to the
above websites. the following websites may be accessed for information: Legislature's Website at
lit l\cicomclindex.cfm, State of Florida's Website at http,i:'�www.mvflorrda.com;,
Department of Financial Services' Website at https:liwww.rtiyfloridacfo.coml and the. Auditor General's
Website at httl):%,Ivvxvw.mvflorida.cumlaud,-,en%.
PAM' M. 0'I'1I1:11 AUDIT REQISIRENIENTS
t 07F.': This part would be used to specify an}, additional audit requirements imposed ny the .State anvardirrg entity
that are %olel'v a matter of that State mi,cv- ing entity's polio G !le., the atulit is not required br P'ede�ral or .Stale lures
and is not in cvr?/lint r+•ith other /'cdera! or State audit r•ecluirenretrrts), ('ursuant to Section 2/5. J'(�5'j. I�7oridct ,Stutrrtes••
,State c' gencies nury conduct or audits of'State frnanciul assistance that are in addition to anclits conducted
in accordance with Section 215. 97, f loridu Stauttes. In such an e vent, the State amurcling c genc°y must orrangge f r-
f rnclin Y the fall cosy of such additional atrclits.)
PAR'I' IV: R[;PO12'i' SUBMISSION
Copies of' reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PAR'I' I of this form shall be submitted, when required by 2 CFR 200.512. by
or on behall'of the recipient directly to the Federal Audit Clearinc*house (FAC) as provided in 2 CFR 200.36
and 200.5I2
A. 'Fhe Federal Audit Clearinghouse designated in 2 CFR `200.501(a) (the number of copies required by
2 C'F'R §200.501(a) should be submitted to the Federal Audit Clearinghouse'), at the following address:
Attachment 5
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1 6 C2-A1A
By flail:
Federal ,Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville, IN 47132
Submissions of the Single .Audit reporting package for fiscal periods ending on or after January I,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry! System which can
be found at http haivester.ceasus.�;ovifacvyeb_1
Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The [Department of Environmental Protection at one of the 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:
Y.-D.F_PSinuleALid it iidemstate.fl.us
B. The Auditor General's Office at the fo�llovving address:
Auditor General
Local Government Audits"342
Claude Pepper Building. Room 401
111 West Madison Street
Tallahassee, Florida 32399-14 0
The Auditor General's vwebsite (http:%%%tlauditor.gov) provides instructions for filing an
electronic copy of financial reporting package.
Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the folloving
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
Electronically:
F:DFPSinuleAudirti iep.sta.te.11.Lis
;`1ny reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CI'R
200.512. section 115.97. F.S., and the current Rules ofthe Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 C.'FR 200. Subpart F-Audit Requirements, or the current Rules of the Auditor
Attachment 5
3 of G
11GS-D11:.P 55-215
Revised 7 1/25
CA t.1
I6C2
General, should indicate the date and time the reporting package was delivered to the recipient and anti
correspondence accompanying the reporting package.
PART V: Ri:•:(.'ORI) RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. `File recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5
4of6
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16C2 F
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit A
Progress Report Form
']'he current Exhibit A, Progress Report Form for this grant can be fouiad on the Department's website
at this link:
https:i"tloridtidep.Lyc)v/wra,'�Nr.a-'dt:>cum� nt ' o��ru5s-report-form
Please use the most current form found on the website, linked above. for each progress report submitted
for this project.
Exhibit A, Page I of I
Rev. 1lt 9i2-}
CA 0
1 6 C 2 `'
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Exhibit C
Payment Request Summary Form
The Payment Request Summary Form for this grant can be found on Our website at this link:
}attpsJ,tloridadep.goy:!�yrai��rardoeurnentslpayment-re uest-summary-form
Please use the most current form found on the website, linked above, for each payment request.
Exhibit C, Page l of I
Rey. 12/021,19
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