Agenda 04/14/2026 Item #16C2 (Grant Agreement between the County and the Florida Department of Environmental Protection)4/14/2026
Item # 16.C.2
ID# 2026-658
Executive Summary
Recommendation that the Board of County Commissioners, as the ex officio Governing Board of the Collier County
Water-Sewer District, execute a Grant Agreement between the County and the Florida Department of Environmental
Protection to accept funding in the amount of $2,100,000 for the Collier County Pump Hardening & Rehabilitation
Project, approve all necessary forms, and authorize the necessary Budget Amendments. (Fund 4016, Project 33981)
OBJECTIVE: The public purpose is to maintain compliance with local, state, and federal regulations and to improve
hurricane resiliency and operational reliability in the wastewater system.
CONSIDERATIONS: The grant will be used to rehabilitate and harden five wastewater pump stations susceptible to
flooding from storm events. This will improve pump station performance and reliability while reducing service outages
and required repairs after storm events.
In October 2024, the Collier County Water Sewer District (“CCWSD”) submitted applications to the Florida Senate and
House of Representatives requesting funding in the amount of $2,100,000 to harden and rehabilitate approximately five
pump stations susceptible to flooding.
On July 11, 2025, staff received notification that FDEP made funding available through a cost reimbursement grant,
which requires execution of a grant agreement between the CCWSD and FDEP. On September 30, 2025, the CCWSD
sent all the required grant application documents to FDEP to initiate the preparation of the FDEP grant agreement.
Signing the Standard Grant Agreement for the Collier County Pump Station Hardening & Rehabilitation formalizes
acceptance of and terms applicable to the requested funding.
This item is consistent with the Collier County Strategic Plan objective to maintain public infrastructure and facilities to
effectively, efficiently, and sustainably meet the needs of our community. It is further in support of the Infrastructure
and Asset Management Strategic Focus Area’s objectives to optimize the useful life of all public infrastructure resources
through proper planning and preventative maintenance.
FISCAL IMPACT: A budget amendment is required to recognize revenue in the amount of $2,100,000 for the Collier
County Pump Hardening & Rehabilitation within the Public Utilities Grant Fund (4016, Project 33981). This agreement
does not require a match.
GROWTH MANAGEMENT IMPACT: This project supports the Growth Management Plan by ensuring the
adequacy and availability of viable public facilities and remaining in compliance with all regulatory requirements.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote of the Board
for approval. – CLD
RECOMMENDATION(S): To execute a Grant Agreement between the County and the Florida Department of
Environmental Protection to accept funding in the amount of $2,100,000 for the Collier County Pump Hardening &
Rehabilitation Project, approve all necessary forms, and authorize the necessary Budget Amendments. (Fund 4016,
Project 33981)
PREPARED BY: Damian Cuadrado, Project Manager III (licensed), Public Utilities Engineering & Project
Management Division
ATTACHMENTS:
1. L0171_Agreement_Draft_CAO
2. L0171_BA_Agreement
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4/14/2026
Item # 16.C.2
ID# 2026-658
Page 1519 of 3203
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below, pursuant to sectlon 215.971, Florida Statutes
l. Project Title (Project):
Collier County Pump Station Hardening & Rehabilitation
Agreernent Number:
L0l7 |
2. Pafiies State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000 (Department)
Grantee Nu"' colli.r county Board of county commissioners
Grantee Address:
3299 Tamiami Trail East, Naples, FL 311l2
EntitY TYPe: Locar Government
FEID: 59-6900558-176
(Grantee)
3. Agreement Begin Date
July 01,2025
Date of Expiration
December 3l 2029
4. Project Number:
(lf dffirentfrom Agreement Nunfiel
Project Location(s)Lat/Lon g: (26.1 007, -81.7 7 02)
Project Description:
5. Total Amount of Funding:
$ 2,100,000.00
The Grantee *ill complete pump station hardening and rehabilitation activities. which maf include elevation ofelectrical control
panels, upgrade/installation ofprotection walls, and upgrades to approximatelv fir'e older pump strtions.
Total Amount of Funding + Grantee Match, if any: $2.r 00.000.00
Fundine Source?Award #s or Line-ltem Appropriations:Amount per Source(s):
E State EFederal LP, GAA LI 1555, F\',25-26, WPSPTF 2,1 00,000.00$
D State nFederal $
E State DFederal $
n Grantee Match $
6. Depaftrnent's Grant Manager
Nanre: Emmanuella Maduko
Grantee's Grant Manager
Name: Damian Cuadrado
or successor
Address: Florida Dept. of Environmental Protection
3900 Commonwealth Blvd., NIS 3602
Tallahassee, FL 32399-3000
Phone:
E,nrail:
850-2,t5-2087
Emmanuella.Maduko@FloridaDEP.gov
OT STICCCSSOT
Address: Collier County Board of County Commissione
3339 Tamiami Trail East, Suite 303
Naples, FL lJl l2
Phone:
Email:
239-252-5377
da m ia n. c u ad rad ordcolliercou ntyfl . gov
7. The Parlies agree to cornply with the terms and conditions of the following attachments and exhibits which are hereby
reference
E Attachment .l : Standard Terrns and Conditions Applicable to All Grants Agreements
E Attachrnent 2: Special Terms and Conditions
E Attachment 3: Grant Work Plan
E Attachment 4: Public Records Requirements
E Attachment 5: Special Audit Requirernents
n Attachment 6: Prograrn-Specific Requirements
D AttachrnentT: Grant Award Terms (Federal) *Copy available at httpsr//llcts.tldf's.com. in accordance rvith section 215.985, F.S.
E Attachnrent 8: Federal Regulations and Ternrs (Federal)
E Additional Attachments (if necessary):
E Exhibit A: Progress Report Form
tr Exhibit B: Property Reporting Form
E Exhibit C: Payment Request Summary Form
tr Exhibit D: Quality Assurance Requirements
tr Exhibit E: Advance Payntent Terms and Interest Earned Memo
tr Exhibit F: Common Carrier or Contracted Carrier Attestation Fonn PUR I 808 (State)
DIP Agreement No. L0l7l
Rev.6ll4/24
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D Exhibit H: Non-Profit Organization Compensation Form (State)
tr Exhibit I: Forced Labor Attestation Form
tr Additional Exhibits (if necessary)
8 ThefollorvineinformationappliestoFederal Grantsonlyandisidentifiedinaccordancervith2CFR200.33l(a)(l):
Federal Award ldentification Number(s) (FAIN):
Unique Entity ldentifier (UEI)
Federal Award Date to Department:
Federal Award Project Description:
Total Federal Funds Obligated by this A-qreement:
Federal Awarding A.qency
Award R&D?tr Yes trN/A
lN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless
another date is specified in the grant documents.
Collier County Board of County Commissioners (;RANTEE
Grantee Name
By
(A u t h o r i ze d S i gn atur e )
Dan Kowal, Chairman
Date Signed
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTNTENT
By
Secretary or Designee
Angela Knecht, Director, Division of Water Restoration Assistance
Date Signed
DEP Agreement No L0l7l
Rev.6l14/24
CAO
Print Narne and Title of Person Signing
r-7
ly' | Additional signatures attached on separate page.
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DWRA Additional Signatures
Emmanuella Maduko, DEP Grant Manager
David M. Taylor, DEP QC Reviewer
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEi}IENTS
ATTACHMENT I
1. 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. If 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 l, 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 Managers. All written communication shall be by electronic mail,
U.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 of this 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 Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement 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:
( I ) an increase or decrease in the Agreement funding amount;
(2) a change 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 categories, 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:
( l) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20Yo) 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
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution 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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execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work PIan.
The services or other units ofdeliverables 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. PerformanceMeasures.
The Grantee warrants that: (1) 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, ofany third parfy; 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 delivery.
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.
b. 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 part, to Grantee's lack of satisfactory
performance under the tenns 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
allorv additional time within which Grantee may remedy the objections noted by Departrnent. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event ofdefault.
7. Financial Consequences for Nonperformance.
a. Withholdine Payment. 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 perform/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 I 7o 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 may, 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 perfonned 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 Crant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Departrnent shall notify Grantee in writing whether the
CAPproposedhasbeenaccepted. IftheCAPisnotaccepted,Granteeshallhaveten(10)daysfrorn
receipt of Department 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 I
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8.
a.
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 perform.
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.
Payment.
Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work PIan, 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.).
Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
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.
Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Surnmary Form. To be eligible for
reimbursement, costs must be in conrpliance 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: https://www.nryfloridacfo.com/docs-sf/accountins-and-auditing-libraries/state-
agen c i es/reference-sui de-for-state-expend itures.pdf.
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 from 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:
i. Grantee dentonstrates that it is a county or municipality that qualifies as a "rural conrmunity" or
"rural area ofopportunity" under subsection 288.0656(2), F.S.;
ii. Grantee demonstrates current financial hardship using one (l) or more of the "economic distress"
factors defined in subsection 288.0656(2Xc), 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 Agreement's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments.
This subsection may not be 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:
https://floridajobs.org/comnr unity-planning-and-development/rural-conrmunity-programs/rural-areas-of-
opportunity.
f. lnvoice Detail. All ch arges 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. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
g. State Funds Documentation. Pursuant to section 216.1366, F.S., if 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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i. Allocated to be used during the full term of the contract or agreement for 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 ofdirectors 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, F.S., and must be
posted on the Grantee's website, if Grantee maintains a website.
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 Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. 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:
https://www.mvfloridacfo.corn/division/aa./local-governments/iudgement-interest-rates.
l. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. lf this Aereement is funded with federal funds
and the Department is required to refund the federal sovemment. the Grantee shall refund the Department its
share ofthose funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
lf Cost Reimbursement or Match 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/Waqes. 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. Overhead/lndirect/General 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/Subrecipients). 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. Subcontracts/subawards which involve payments for direct salaries shall clearly
identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used
(i.e., fringe benefits, overhead, indirect, and/or general and adrninistrative 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 andior nonexpendable personal
property or equipment costing $5,000 or more purchased for the Project under a subcontract/subaward is subject
to the requirements set forth in chapters 273 andlor274,F.S., and Chapter 691-72, Florida Administrative Code
(F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. For grants funded with federal funds, noncottsumable
and/or nonexpendable personal property or equipment costing $ 10,000 or more purchased for the Project under a
subcontract/subaward 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 ofequipment
as part of 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
subcontractors/subrecipients.
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i. For fixed-price (vendor) subcontracts/subawards, the following provisions shall apply: The Grantee
may award, on a competitive basis, fixed-price subcontracts/subawards to consultants/contractors' in performing the work described in Attachment 3, Grant Work Plan. lnvoices submitted to
Department for fixed-price subcontracted/subawarded activities shall be supported with a copy of
the subcontractor/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
procurement document) resulting in the fixed-price subcontract/subaward. The 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 Managerof the fixed price negotiated by Grantee. The letterof
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 subcontract/subaward.
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 Purchase 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 conrpleted Exhibit B, Properfy 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.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for 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 ofGrantee's contract obligations to its subcontractor/subrecipient,
Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or coutt
costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing
supplies or equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership ofreal properry through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessntents, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reporls, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired properry interest andior rights. If land acquisition costs are used to nleet match requirements, Grantee
agrees that those funds shall not be used as match for 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,
problenrs encountered, problem resolutions, scheduled updates, and proposed work for the next reporling 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, June 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
I l. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the arnount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld fronr each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
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b. If Crantee fails to perform the requested work or fails to perform 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
lirnited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Deparlrnent shall provide written notification to Grantee of the failure to perform
that shall result in retainage 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 retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. 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 /o 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 Coveraee. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Crantee cannot get adequate coverage, Grantee shall immediately notifu Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten ( I 0) days after the cancellation of coverage.
e. Insurance Trust. Ifthe Grantee's insurance is provided through an insurance trust, the Crantee shall instead add
the Department of Environmental Protection, its enrployees, 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 Agreernent in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notifr Grantee of the termination for convenience with instructions as to the effective date 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 tennination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Tennination 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 detennined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the sarne as if the termination had
been issued for the convenience of Department. The rights and rernedies of Department in this clause are in
addition to any other rights and rernedies provided by law or under this Agreement.
c. Grantee Oblisations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, 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. lf the Agreement is terminated before performance is cornpleted, Grantee shall be paid only for
that work satisfactorily perfomred for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Deparlment 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.
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e. Transition of Services Uoon Termination. Expiration. or Cancellation of the Asreement. If services provided
under 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. The 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 defaults in the performance of any covenant orobligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opporlunity 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 Depaftment or outside the reasonable control of Grantee, the following non-
exclusive list ofevents, acts, or omissions, shall constitute events ofdefault:
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 orhaving submitted any report with incorrect,
incomplete, or insuffi cient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate ofauthority 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, uncorected 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 willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title I I of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver ortrustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the 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
ofsuspension. Examples ofreasons for suspension include, but are not lirnited 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: (l) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreernent. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shalI be deemed to satisfy the thirty (30) days' notice
required for a notice of tennination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform ifneither the fault nor the negligence
of Grantee or its employees or agents contributed to the detay 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 Crantee's control, or for any of the
foregoing that affect subcontractors/subrecipients or suppliers ifno alternate source ofsupply is available to Grantee.
In case of any delay Grantee believes is excusable, Grantee shall notifo Department in writing of the delay or potential
delay and describe the cause ofthe delay either ( I ) within ten days after the cause that creates or will create the delay
first arose, ifGrantee could reasonably foresee that a delay could occur as a result; or (2) ifdelay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'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 Deparlment. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Deparlment for 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 ofthe 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: ( I ) 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 ofthe products or services that are the subject
of the delay, which purchase may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. lndemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, and
subcontractors/subrecipients and shall fully indemnifi, defend, and hold harmless Department and its officers,
agents, and employees, from 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 indemnifu 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 Crantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party.hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its ernployees and agents. However, nothing contained herein shall constitute a
waiver by either party 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 ofthe 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 indemnifo 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 otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Departrnent's liability for any claim arising from this Agreernent is limited to compensatory damages in an amount
no greater than the sum ofthe unpaid balance ofcompensation due for goods or services rendered pursuant to and in
compliance with the ternrs of the Agreement. Such liability is further limited to a cap of $100,000.
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
remedies forothertypes of damages underthe 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 clairn for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
ofany such right preclude any other or furlher exercise thereofor the exercise ofany other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts/Subawards.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Imrnigration and Nationality Act. If Grantee/subcontractor/subrecipient knowingly ernploys
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/subawards 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. Public Entit-v 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 subnlit bids, proposals, or replies 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 any publ ic
entity; and may not transact business with any public entity in excess of the threshold amount
provided in section 287 .017, F.S., for CATEGORY TWO for a period of 36 months following the
date ofbeing placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list rnay 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; nray not 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 a 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 discriminatory vendor list or
antitrust violator vendor list rnay be directed to the Florida Department of Managernent Seruices,
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. The Grantee, its subrecipients, subcontractors and agents must also comply with the following civil rights laws
and regulations:
i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted
programs on the basis ofrace, color, or national origin in the delivery ofservices or benefits);
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ii. Section l3 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 I973 (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
ofage in the delivery ofservices or benefits);
v. 40 C.F.R. Part7, (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 760.01,760.1I and 509.092, F.S.),
including Part I, 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 tenns 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 afforney fees incurred in connection with disputes arising under the terms of this
Agreernent.
24. Build America, Buy America Act (BABA) - lnfrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. AIso, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
lfapplicable, Recipients or Subrecipients ofan award ofFederal 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 the 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 ofthe total cost ofall
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content ofthe 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, equiprnent, 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 project but
are not an integral part ofthe structure or permanently affixed to the infrastructure project.
25. lnvesting in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. SignageRequirernents
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in parl 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.
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The recipient wilI ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
https://www.epa.qov/invest/investin g-arnerica-si qnage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are 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 seal) into the appropriate non-English language(s). The costs ofsuch translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135,F.S., the Department may immediately terminate this
Agreernent at its sole option if the Grantee is found to have submitted a false certification; or if the
Crantee is placed on the Scrutinized Companies that Boycott lsrael List or is engaged in the boycott
of Israel during the term of the Agreement.
b. If this 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 Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately 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 Cornpanies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum 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., iffederal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. Lobbying 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 I L062 and 216.347,F.S.
28. Record Keeping.
The Crantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes 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 shalI similarly require each
subcontractor/subrecipient 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 of any type or form that refer to or
relate to Agreernent. The Grantee shall retain such records for the longer of: ( 1) three years after the expiration of
the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Departtnent
of State (available at: http://dos.rn),florida.com/library-archives/records-nranaqernent/general-records-schedules/).
29. Audits.
a. Inspector 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 Agreement, with reasonable notice and during nonnal business hours, including
by any of the following methods:
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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
performance 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 Requirements. 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 an
updated copy of Exhibit l, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department'sGrantsManager. TheGranteeshall considerthetypeoffinancialassistance(federal and/orstate)
identified in Attachment 5, Exhibit I and detenrine whether the terms 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 S200.33 I for detennining whether
the relationship represents that ofa subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
hftps :\\apps. fl dfs.com \fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department rnay 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 proof within thirty
(30) days ofsuch request.
e. No eommrnelllc af Jutds. The acco unting 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 system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in par1, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms 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. lnterest 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 payment(s) are received liom 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 payment(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 not an employee or agent of Department.
32. Subcontracting/Subawa rds.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
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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 ortraining 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. The 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 Departnrent shall not be liable to any subcontractorisubrecipient 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 ofa subcontractor/subrecipient at any tier, and ifthe cause ofthe default is completely beyond the
control of both Grantee and the subcontractor(s)/subrecipient(s), and without the fault or negligence of either,
unless the subcontracted/subawarded products or services were obtainable from other sources in sufficient time
for Grantee to meet the required delivery schedule.
33. Guarantee ofParent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the 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 natr.rre 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 party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. lf
Department conseltts to a subcontract/subaward, Crantee will specifically disclose that this Agreement does not create
any third-party rights. Furlher, no third parties shall rely upon any ofthe rights and obligations created under this
Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
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
fumish a copy of technical certification or other proof of qualification. All employees, subcontractors/subrecipients,
or agents performing work under Agreement nrust 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. ln the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department nray 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%;oor more of their budget from the State or from a combination of State and Federal funds, the
Crantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
Attachment I
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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 reporls must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
40. Disclosure of Gifts from Foreign Sources.
If the value of the grant underthis Agreement is $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 concem, as defined in
section 286.101 , F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest
existed at any time or such contract or 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 gift or the value ofthe interest disclosed, the applicable foreign country ofconcern and, ifapplicable, the
date oftermination ofthe contract or interest, the date ofreceipt ofthe grant or gift, and the name ofthe agent or
controlled entity that is the source or interest holder. Ifthe disclosure requirement is applicable as described above,
then within I 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 farm products as defined in section 823.14, F.S., ofany class, variety, or use thereofin their natural state
or as processed by a farm operation or processor for the purpose ofmarketing 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 ofthe Grantee under penalty ofperjury 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., orthe purchase of materials to
be used in a public works project, any iron or steel perrnanently 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:
(l ) iron or steel products produced in the United 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%o): or
(3) complying with this requirement is inconsistent with the public interest.
Further, this requirement does not prevent the Contractor's nrinimal use of foreign steel and iron materials if:
(l) such materials are incidental or ancillary to the primary product and are not separately identified in the project
specifications; and
(2) the "cost" ofsuch materials, as defined in section 255.0993, F.S., does not exceed one-tenth ofone percent (l%o)
of the total Project Cost under this Agreement or $2,500, 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 (excepting
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 state's
obligations under any intemational agreement.
44. Complete and Accurate information.
Grantee represents and warrants that all statements and information provided to DEP are current, complete, and
accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits.
45. Execution in Counterparts and Authority to Sign.
This Agreentent, 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 Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective pafty to the Agreement.
Attachment I
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO. LOITI
ATTACII\,IENT 2
These Special Tenns and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment l. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is Collier County Pump Station Hardening & Rehabilitation. The Project
is defined in more detail in Attachrnent 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term 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. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicins. 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.
Reintbursement for costs or availability for costs to meet rnatching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement
n
Match
tr
Cateeory
Salaries/Wages
Overhead/lndirect/Ceneral and Administrative Costs:
a. Fringe Benefits, N/A.
b. Indirect Costs, N/A.
Contractual/Subaward ( Subcontractors/S ubrec ipients)
Travel, in accordance with Section I12, F.S.
Equipment
Rental/Lease of Equipment
Miscellaneous/Other Expenses
Land Acquisition
tr
!
x
tr
n
tr
n
n
n
D
!
!
tr
tr
n
tr
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee under this Agreement.
8. InsuranceRequirements
Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall ntaintain insurartce
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
altematively, Grantee may provide coverage through a self-insurance progran"l established and operating under the
laws of Florida. Additional insurance requirements for this Agreement 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 any general Iiability policies. The minimum limits shall be $250,000 for each
occuffence and $500,000 policy aggregate.
b. CommercialAutomobilelnsurance.
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
$200,000i300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers' Compensation and Emplover's Liability Coverase.
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, $100,000 per person, and $500,000
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,
I l. Subcontracting/Subawards.
The Grantee may subcontract/subaward work under this Agreenrent without the prior written consent of the
Department's Grant Manager except for certain fixed-price subcontracts/subawards pursuant to this Agreement, which
require prior approval. Regardless of any subcontract/subaward, the Grantee is ultimately responsible for all work to
be performed under this Agreement. Upon request by the Department's Crant Manager, the Grantee will submit a
copy ofthe executed subcontract.
12. State-owned Land.
The work will not be performed on State-owned land
13. Office of Policy and Budget Reporting.
The Grantee will identify the expected retum on investment for this project and provide this information to the
Governor's Office of Policy and Budget (OPB) r.vithin three months of execution of this Agreement. For each full
calendar quafter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days
after the end ofeach quarter, docurnenting 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 env.roi@laspbs.state.fl.us, and a copy shall also
be submitted to the Department at legislativeaffairs@floridaDEP.sov.
14. Common Carrier.
a. Applicable to contracts/subawards with a common carrier - firm/person/corporation that as a regular
business transports people or commodities from place to place. If applicable, Contractor/Subrecipient
must also fill out and return PUR 1808 before contract/subaward execution. If Contractor/Subrecipient is a
Attachment 2
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cAoPage 1538 of 3203
comnton carrier pursuant to section 908.1 I I ( I )(a), Florida Statutes, the Department will terminate this
Agreement immediately if Contractor/Subrecipient is foundto be in violation of the laworthe attestation
in PUR 1808.
b. Applicable to solicitations for a common carrier - Before contract execution, the winning Contractor(s)
must fill out and retum PUR 1808, and attest that it is not willfully providing any service 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 Nationalify Act, 8 U.S.C. ss. I l0l 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. 288.0656(2).
16. Additional Terms.
None.
Attachment 2
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ATTACHMENT 3
GRANT WORI( PLAN
PROJECT TITLE: Collier County Pump Station Hardening & Rehabilitation
PROJECT LOCATION: The Project will be located in the unincorporated area within Collier
County; LatlLong (26.13279, -81 .77311).
PROJECT BACKGROUND: The Collier County Board of County Commissioners (Grantee) and
the community face routine threats of severe weather, flooding, and storm sllrge. Grant funds will be
used for hardening and reliabilitation of approximately five pump stations susceptible to flood water
inundation. This project will improve pump station performance and reliability and reduce seryice
outages and required repairs after storm events.
PROJBCT 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 docurnentation should be submitted electronically unless otherwise indicated and should
be sLrbrnitted prior to the expiration of the grant agreement.
Task 1: Construction
Deliverables: The Grantee rvill construct the Collier County Pump Station Hardening & Rehabilitation
project in accordance with the final design.
Documentation: The Grantee will subrnit: 1) a copy of the final design;2) a signed summary of
activities completed for tl,e period of work covered in the payment request, using the format provided
by the Depaftment'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 w'ill 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 sLrbmit a payment request for cost reimbursement no
more fi'equently than monthly.
PROJECT TIMELINB & BUDGET DETAIL: The tasks must be completed by the corresponding
task end date. Cost reimbursable grant fLurding rnust not exceed the budget arnouuts as indicated below.
For payment requests that include Contractual Services, the Grantee shall provide docur.nentation of
the as consistent rvith Attachment 1 Section 9.c
UI AIII
Amount End Date
Construction Contractual
Services $2,1 00.000 0t 1011202s 0613012029I
Total $2, I 00,000
DEP Agreement No. L0171, Attachment 3, Page 1 of 2
cao
Budget
Catesorv
Task
Start Date
Task
No.Task Title
Page 1540 of 3203
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35.000.00, and if Grantee is acting on behalf of Deparlment in its performance of services
under the Agreernent, 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 I19.07(l), F.S.
b. The Department may Lrnilaterally terminate the Agreement if Grantee refuses to allow pr"rblic access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable.
For the purposes of this paragraph, the tenn "contract" lneans the "A-qreement." If Grantee is a "contractor" as
defined in section 119.0701(1Xa), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perforrn the service.
b. 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 1 19, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10, F.S.
d. 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.
e. Upon cornpletion of the contract, transfer, at no cost, to Departrnent all Public Records in possession of the contractor
or keep and maintain Public Records required by Deparlrnent 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 frorn Public Records disclosure requirements. lf 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 Departrnent,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Departnrent. 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 fotmats the
contractor is authorized to access.
f. IF THE COI..{TRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, 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:blic.service
Mailing Address: Department of Environmental Protection
ATTN: Oflice of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florid a 32399
Attachment 4
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Rev. 4/8/202-l
cAoPage 1541 of 3203
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection fvhich ma1' be referred to
as lhe "Depat'tment", "DEP", t'FDEPtt or "Granlor", or other name in Ihe agreentenl) to the recipient (rhich ntay be
re.ferred to as the "Recipient", "Grantee" or other nanre in lhe agreenrent) 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. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deenredappropriatebytheDepartmentofEnvironmental Protection. IntheeventtheDepartmentofEnvironmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to cornply 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.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
s200.330
A recipient that expends $1,000,000 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. EXHIBIT
I 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 from 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.
For the audit requirements addressed in Part I, paragraph I, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-5 12.
A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of 2 CFR Part200, 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).
The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at https://sam.gov/content/assistance-listings.
Attachment 5
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2
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(lXn), Florida Statutes
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
5750,000 in any fiscal year ofsuch recipient (for 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
Ceneral. EXHIBIT I to this form lists the state financial assistance awarded through the Departrnent of
Environntental Protection by this agreement. In deternrining 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 entify for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph l; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and the current Rules ofthe
Auditor General.
Ifthe recipient expends less than $750,000 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 ofSection
215.97, Florida Statutes, the cost of the audit must be paid frorn the non-state entity's resources (i.e., the cost
ofsuch an audit must be paid from the recipient's resources obtained frorn other than State entities).
For infonnation regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.conr/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.lee.state.fl.us/Welconre/index.cfin. State of Florida's website at http://rwvrv.myflorida.corn/,
Deparlment of Financial Services' Website at https://www.myfloridacfo.com/ and the Auditor General's
Webs ite at http:/iwwrv.rn), fl orida.com/aud gen/.
PART III: OTHER AIIDIT REQUIREMENTS
(NOTE: This part v'ould be used to specify any additional audit requirentents imposed b), the State awarding entity
that are solely a matter of thal State awarding entity's policy (i.e., the audit is not required by Federal or Stale lqws
andisnotinconflicttl'ithotherFederal orStateauditrequirements). PursuanttoSection2l5.9T(8),FloridaStatttes,
State agencies ntal,conducl or arrangefor attclits ofStatefinancial assistance thal are in addition to audits condttcled
inaccordancevithSection2l5.9T,FloridaStatutes. Insuchanevent,theStateav'ardingagencynrustarrangefor
funding thefull cost ofsuch additional audits.)
PART I\,: REPORT SUBN,IISSION
Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512,by
or on behalf of the recipient directlv to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR $200.501(a) (the number of copies required by
2 CFR S200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address
Attachment 5
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2.
Bv Mail
Federal Audit Clearinghouse
Bureau ofthe Census
l20l East l0th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January l,
2008, must be submitted using the Federal Clearinghouse's lnternet Data Entry System which can
be found at http://harvester.census.eov/facweb/
Copies of financial reporting packages required by PART II of this Attachnrent 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:
FDEPSingleAudit@dep.state.fl .us
B. The Auditor General's Office at the following address:
Auditor General
Local Govemment Audits/342
Claude Pepper Building, Room 40l
I I I West Madison Street
Tallahassee, Florida 32399-1 450
The Auditor Ceneral's website (htto://flauditor.gov/) provides instructions for filing an
electronic copy ofa financial reporting package.
Copies of reports or managenrent letters required by PART lll of this Attachment shall be submitted by or
on behalf of the recipient directly to the Depaftment of Environrnental 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:
FDEPSineleAudit@dep.state.fl .us
Any reports, management letters, or other infomration required to be submitted to the Department of
Environrnental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and the current Rules of the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Departnrent of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or the current Rules ofthe Auditor
Attachment 5
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General, should indicate the date and time the reporting package was delivered to the recipient and any
correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreenrent 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. The 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
,1 of6
BGS-DEP 55-2I5 Revised 7/l/25
C4tPage 1545 of 3203
EXHIBIT_ I
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING
Nole: lf the resources av,arded to the recipienl represenl more than one federal program, provide lhe same information shovn below for each federal progrqm
qnd shotv total resources aw'arded
the same manner as shovn below:
Attachment 5, Exhibit I
5 of6
6,Lo
Federal Resou rces r\r'a rded to the Recipient Pursuant to this Agreement Consist of the Follorving:
F ederal
Program
A Federal Agency
CFDA
Number CFDA Title Funding Arnount
State
Appropriation
Catesory
$
l'ederal
Program
B Federal Agency
CFDA
Number CFDA TitIE Funding Arnount
State
Appropriation
Category
$
Federal
Program
A
First Compliance requirement: i.e.: (rvhal sen'ices olpurposes resources must be used for)
Second Compliance requirement: i.e.:(eligibility requirement lbr recipients of the resources)
Etc.
Etc.
Federal
Program
B
First Contpliance requirement: i.e.: (rvhat sen.ices of purposes resources must be used fbr)
Second Compliance requirement: i,e.: (eligibilitl,requirement lbr recipients of the resources)
Etc.
Etc.
BGS-DEP 55-2I5
Revised 7l125
Page 1546 of 3203
Note: If the resources ovarded to the recipienl for matching represent more than one federal progr(tm, provide the sarne information shown belov, for each
qnd shov, totol state resources avarded
Nole: If lhe resource,, mvarcled to the recipient represent more lhun one stale project, provide the sume irformation shovn below for euch slate project and,show
loldl state assistance awarded thot is lo section 215.97 /r..s.
for DEPforfederal progrants, the requirements might be similar to the requirementsfor the applicablefederal programs. Also, to the extent that different
reqttirententspertqintodffirentamountforthenon-federal resources,tlrcremal,hemorethanonegrouping(i.e. 1,2,3,etc.)listedunderthiscategory.
For each progranl identified above, the recipient shall comply rvith the progranr requirements described in the Catalog of Federal Donrestic Assistance (CFDA)
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/compliance.aspx ]. The services/purposes
for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement.
r Subject to change by Change Order,I Subject to change by Change Order
Attachment 5, Exhibit I
6of6
o
State Resorrrces Awarded to the Recipient Pursuant to this Agreement Consist of the Follorving Matching Resources for Federal Programs:
Federal
Program
A Federal Agencv C]FDA CFDA Title Funding Anrount
State
Appropriation
Cateqory
Federal
Program
B Federal Agency CFDA CFDA Title Funding Amount
State
Appropriation
Catesory
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Sub.iect to Section 215.97. F.S.
State
Program
A State Arvarding Asency
State
Fiscal Yearl
CSFA
Number Funding Source Description
CSFA Title
or
Fundins Amount
State
Appropriation
Category
Original
Agreement
Florida Departrnent of
Environmental Protection 2025 - 2026 37.039 Statewide Water Qual iff Restoration
Proiects - LI 1555 $2,1 00,000.00 I 49950
State
Program
B State Arvardinq Asencv
State
Fiscal Year2
CSFA
Number Funding Source Description
CSFA Title
or
Funding Arnount
State
Appropriation
Catesory
Total Arvard I .00
tsGS-DtsP 55-215
Revised 7ll25
Page 1547 of 3203
STATE OF FLORIDA
DEPARTMENT OF ENTVIRONMENTAL PROTECTION
Exhibit A
Progress Report Form
The current Exhibit A, Progress Report Form for this grant can be found on the Department's website
at this link:
https ://fl oridadep. gov/wra/wra/documents/progress-report-form
Please use the most current fonn found on the website, linked above, for each progress report subrnitted
for this project.
Rev.l/19/21
Exhibit A, Page I of I
cAoPage 1548 of 3203
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:
https://floridadep.gov/rvra/wra/documents/payment-request-sumrnary-fbnn
Please use the most current form found on the website, linked above, for each payment request.
Rev. 12/02/19
Exhibit C, Page 1 of I
cAo
Page 1549 of 3203