Standard Grant Agreement for Everglades Court Green Alley Project 2D'— �.g8/1
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes:
1. Project Title(Project): Agreement Number:
Everglades Court Green Alley Project NF053
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 (Department)
Grantee Name: City of Miami Beach Entity Type:Local Government
Grantee Address: 1700 Convention Center Drive,Miami Beach,Florida 33139 FEID: 59-6000372
(Grantee)
3. Agreement Begin Date: Date of Expiration:
Upon Execution March 31,2022
4. Project Number: Project Location(s):
(!f different from Agreement Number) Miami-Dade County(25.8540,-80.1340)
Project Description:Construction of green infrastructure at Everglades Court to improve stormwater percolation and maximize
pollutant removal within the alley.
5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: , Amount per Source(s):
$100,000.00 ❑ State Gd Federal 319H,C9-99451518,GAA LI 1601,FY16-17 $100,000.00
❑ State ❑Federal
✓ Grantee Match $260,000.00
Total Amount of Funding+Grantee Match,if any: $360,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Michael Barr Name: Stanley Kolosovskiy
or successor or successor
Address: 3900 Commonwealth Blvd.,MS 3570 Address: 1700 Convention Center Drive
Tallahassee,Florida 32399-3000 Miami Beach,Florida 33139
Phone: 850-245-2947 Phone: 305-673-7010
Email: Michael.Barr@dep.state.fl.us Email: stanleykolosovskiy@miamibeachfl.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
11 Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements
2 Attachment 2:Special Terms and Conditions
CEJ Attachment 3:Grant Work Plan
V Attachment 4:Public Records Requirements
® Attachment 5: Special Audit Requirements
❑Attachment 6:Program-Specific Requirements
Attachment 7: 31918 Grant Award Terms(Federal)*Copy available at https://facts.tldfs.com in accordance with§215.985,F.S.
® Attachment 8:Federal Regulations and Terms(Federal)
❑ Additional Attachments(if necessary):
V Exhibit A:Progress Report Form
❑Exhibit B:Property Reporting Form
2 Exhibit C:Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements for Grants
❑ Exhibit E:Advance Payment Terms and Interest Earned Memo
❑ Additional Exhibits(if necessary):
DEP Agreement No. NF053 Rev.6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Number(s)(FAIN): 99451518
Federal Award Date to Department: 7/11/18
Total Federal Funds Obligated by this Agreement: $100,000.00
Federal Awarding Agency: U.S.Environmental Protection Agency
Award R&D? ❑Yes ON/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below,whichever is later. 11
City of Miami :each 1
GRANTEE
Grantee Nam-
By '" -o/ 6/131 11
(Aatho. 'd Signature)
J Date Signed
Jimmy Morale\City Manager
Print Name and tie of Person Signing
State of Fl rida artment of Environmental Protection DEPARTMENT
By G
Secretary or` `Designee Date Signed
1r s) the e 1 haw_A/
Print Name and Title of Person Signing
®Additional signatures attached on separate page.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,L0 ,I-- 4( (6,((
City Attorney •. Date
DEP Agreement No. NF053
Rev.6/20/18
DWRA Additional Signatures
7/7‘11,/(77_7.--
DEP Grant Manager
A/C,
DEP QC Reviewer
DEP Agreement No.NF053
•
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
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 the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1,Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall
be obtained by or sent to the parties' Grant 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: (1) 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;and/or(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. A
change order to this Agreement may be used when: (1)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(20%)of the total budget as last approved by Department;and/or
(3)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
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 Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
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5. Performance Measures.
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 infringe
upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees,
subcontractors,and/or subgrantees 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. Rejection 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 terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding 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. 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 request that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department.The CAP shall be sent to Grant Manager for review and approval.Within ten(10)days
of receipt of a CAP,Department shall notify Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted,Grantee shall have ten(10)days from 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.
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.
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8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable
established by the Grant Work Plan,and the billing procedures established by Department,Department agrees
to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).
b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee,
however,shall not be exempted from paying any taxes that it 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.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement 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 Sununary Form. To be eligible for
reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State
funds, including, but not limited to,the Reference Guide for State Expenditures, which can be accessed at the
following web address:www.mvfloridacfo.com/aadir/referenceguide/.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. 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.
g. 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.
h. 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.
i. 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:
www.myfloridacfo.com/Division/AA/Vendors/default.htm.
j. 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.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If 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/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/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 Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
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and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such
funds to Department within thirty(30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S.,and
Chapter 69.1-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor'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.The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee.The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract.
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 the purposes of this Agreement,Equipment is defined as capital outlay costing
$1,000 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. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B,Property.Reporting Form.
f. ' Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must includecopies
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 of Grantee's contract obligations to its subcontractor,Department
shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or
equipment.
h. 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 of real property through purchase)must be supported by the
following, as applicable: Copies of Property Appraisals,Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match 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,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty(30)days.
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11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee 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
limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not to 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 Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees 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. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-
insured authorization,or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective 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 termination. The
Department shall not pay any invoices received after thirty(30)days of the effective date of termination.
b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be the same as.if the termination had
been issued for the convenience of Department.The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of 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. If the Agreement is terminated before performance is completed,Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. 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 Department with those services for which it
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has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination,Expiration,or Cancellation of the Agreement.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 or obligation contained in the Agreement,including, any of
the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such,made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient 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 of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals,and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate
assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 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 or trustee 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
of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration
of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice.
Within 90 days,or any longer period agreed to by the parties,Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
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17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable,Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
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 Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph,after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation;(2) contract with other sources(without recourse to
and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject
of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, 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,or subcontractors;provided,however,that.Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost,expense,or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. 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 employees 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 of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify 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 Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement.Such liability is further limited to a cap of$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 for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
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other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
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
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases ofreal property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may 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. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity,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 issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. 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 Agreement at its sole
option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the 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
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Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List,or Scrutinized Companies with Activities in the Iran 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.,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. 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 11.062 and 216.347,F.S.
26. Record Keeping.
The Grantee 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,Grantee shall similarly require each subcontractor 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 Agreement.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 Department of State(available at:
http://dos.mvflorida.com/library-arch ives/records-management/general-records-schedules/).
27. 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 sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement,in writing,on its sub-grantees 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 normal business hours,including
by any of the following methods:
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 1,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's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state)
identified in Attachment 5,Exhibit 1 and determine 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§200.330 for determining whether
the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
haps: apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). Allowable costs
and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department
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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 of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting 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 part,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. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the 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.
28. 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.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee
employee,subcontractor,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.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of anothercorporation 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
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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.
32. Survival.
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation,the obligations regarding confidentiality, proprietary interests, and
public records,shall survive termination,cancellation,or expiration of this Agreement.
33. 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.If
Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third-
party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. 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.
35. Grantee's Employees,Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell, assign,or transfer any of its rights,duties,or obligations under the Agreement,or under
any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event
of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly
waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Execution in Counterparts and Authority.to Sign.
This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic 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 party to the Agreement.
Attachment 1
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.NF053
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is Everglades Court Green Alley Project.The Project is defined in more
detail in Attachment 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. Invoicing.Invoicing will occur as indicated in Attachment 3.
c. Advance Pay.Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match Category
❑l Cl Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
❑ ❑ a. Fringe Benefits,N/A.
El 0 b. Indirect Costs,N/A.
® Contractual(Subcontractors)
❑ ❑ Travel
El ❑ Equipment
❑ ❑ Rental/Lease of Equipment
• ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Travel.
Additional compensation for travel isnot authorized under this Agreement.
6. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
7. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
8. Match Requirements
The Agreement requires at least a 72.2%match on the part of the Grantee. Therefore,the Grantee is responsible for
providing$260,000 through cash or third party in-kind towards the work funded under this Agreement.
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The Grantee may claim allowable project expenditures made upon execution or after for purposes of meeting its
match requirement as identified above.
Each payment request submitted shall document all matching funds and/or match efforts(i.e.,in-kind services)
provided during the period covered by each request. The final payment will not be processed until the match
requirement has been met.
If,upon completion of this Project,actual Project costs are less than the total estimated Project costs,and there are
no pending payment requests,the Grantee's required match may be reduced proportionately,as long as at least a
72.2%match of the actual total cost of the Project is provided by the Grantee and the reduced amount satisfies
statutory and program requirements.
9. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida,or
alternatively,Grantee may provide coverage through a self-insurance program 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 minimum limits shall be$200,000 for each occurrence
and$300,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis.The minimum limits shall be as follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers'Compensation and Employer's Liability Coverage.
The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and employer's
liability insurance 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 Agreement.
d. Other Insurance.None.
10. Quality Assurance Requirements.
There are no special Quality Assurance,requirements under this Agreement.
11. Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10%of the total amount of the
Agreement.
12. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval.
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be
performed under this Agreement.
13. State-owned Land.
The work will not be performed on State-owned land.
14. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
15. Additional Terms.
None.
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ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Everglades Court Green Alley Project
PROJECT LOCATION: The Project will be located at Everglades Court within the City of Miami
Beach in Miami-Dade County; Lat/Long(25.8540,-80.1340).
PROJECT BACKGROUND: Everglades Court is Miami Beach's last unpaved alleyway and runs
approximately 980 feet long and 20 feet wide along single-family homes in a low-density residential
neighborhood. The alley is comprised of exposed dirt with sparse vegetation and no structural drainage,
limiting the rate of stormwater percolation and potential for pollutant removal.
PROJECT DESCRIPTION: The City of Miami Beach (Grantee) will construct green infrastructure at
Everglades Court to improve stormwater percolation and maximize pollutant removal within the alley.
Approximately 9,184 square feet of native vegetation bioswales will be installed along the edges of the
alley. In the center of the alley,approximately 7,450 square feet of pervious pavers will be used alongside
approximately 3,537 square feet of turfblocks. The center of the alley will be re-engineered to reduce
compaction of the soils for improved infiltration and redirecting the flow to best management practices
(BMPs) within the alley. Turfblocks and porous pavers will be used to stabilize the remaining soil and
provide stormwater treatment for the surrounding area and maximize nutrient load reductions.
TASKS:
All documentation should be submitted electronically unless otherwise indicated.
Task 1: Construction
Deliverables: The Grantee will construct green infrastructure at Everglades Court in accordance with the
construction contract documents. Construction will include: native vegetation bioswales; re-engineering
the center of the alley to reduce compaction of the soils for improved infiltration and redirecting the flow
to BMPs within the alley; turfblocks and porous pavers to stabilize the soil and provide stormwater
treatment for the surrounding area and maximize nutrient load reductions.
Documentation: The Grantee will submit a signed acceptance of the completed work to date by the
Grantee and the Engineer's Certification of Payment Request, and dated color photographs of on-going
work representing the time period covered in the payment request.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager,the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement or
match documentation no more frequently than quarterly.
Task 2: Public Education
Deliverables: The Grantee will provide public education information about the project and its
environmental benefits in the following formats: 1) A display board will be placed at each side of
Everglades Court containing information about the project; 2) The project will be posted on the City's
DEP Agreement No.NF053,Attachment 3,Page 1 of 3
website(s) that showcase the City's resiliency efforts; 3) Public Service Announcements (PSAs) will be
made to the residents of the neighborhood where the project is located.
Announcements through the web or print materials for Workshop, conference, demonstration days or
other events as part of a project funded by a 319 assistance agreement shall contain a statement that the
materials or conference has been funded in part by the United States Environmental Protection Agency.
If outreach component includes physical signage, the signage shall contain the EPA logo. If the physical
design of the sign allows, it should also include the following text: "This cooperative project has been
funded in part by the United States Environmental Protection Agency"
Non-traditional educational materials may not be subject to a required acknowledgement statement. The
Grantee will consult the Department's Grant Manager prior to submittal of draft documentation to
determine the applicability of a statement for each deliverable type.
Documentation: The Department's Grant Manager must approve draft materials prior to public
distribution. Completed public education activities to date as described in this task, as evidenced by: 1)
Copy of draft display board(s) text and graphics and dated photograph(s) of installed kiosk/sig(s) as
approved; 2)draft information and active link and dated screen shot(s) where appropriate for the website
as designed or updated with project information; and 3) copy of the draft PSA(s) and summary of airing
dates for final approved PSA(s).
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager,the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement or
matchdocumentation no more frequently than quarterly.
Task 3: Final Report
Deliverables: The Grantee will prepare a Final Report summarizing the results of the project, including
all tasks in the Grant Work Plan.The Final Report must include at a minimum:
• Project location and background, project description and timeline, grant award amount and
anticipated benefits.
• Financial summary of actual costs versus the budget, along with any changes required to the
budget. Include any match or locally pledged contributions provided, along with other related
project work performed outside of this Agreement to identify the overall project cost.
• Discussion of project schedule versus actual completion, including changes required to the
schedule, unexpected site conditions and adjustments, significant unexpected delays and
corrections,and/or other significant deviations from the original project plan.
• Summary of activities completed as well as those not completed and why, as well as a brief
summary of any additional phases yet to be completed.
• Dated color photo documentation of work performed (representative of the entire project),
appropriate figures (site location, site plan(s), etc.), appropriate tables summarizing
data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the
project.
• Discussion of whether the anticipated benefits have been/will be realized (e.g., why a Best
Management Practice(BMP)approach did or did not exceed the expected removal efficiency).
DEP Agreement No.NF053,Attachment 3,Page 2 of 3
• Summary of monitoring activities completed and any not completed and why,monitoring results,
and an interpretation of data based on planned versus realized results.
The following language shall be included on the cover page of the Final Report:
"This Project and the preparation of this report has been funded wholly or in part by the U.S.
Environmental Protection Agency(EPA)to the City of Miami Beach through an agreement/contract with
the Nonpoint Source Management Program of the Florida Department of Environmental Protection under
federal grant agreement C9-99451518-0. The total cost of the Project was $[show actual amount], of
which, $[show actual amount] or $[show actual percentage] percent was provided by the U.S.
Environmental Protection Agency. The contents of this document do not necessarily reflect the views and
policies of the EPA, nor does the EPA endorse trade names or recommend the use of commercial
products mentioned in this document."
Documentation: The Grantee will submit: 1) a copy of the draft Final Report in Word format; and 2) a
copy of the Department-approved Final Report,in Word or PDF format.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are provided as described above. Upon review and written acceptance by the
Department's Grant Manager,the Grantee may proceed with payment request submittal.
PROJECT TIMELINE: The tasks must be completed and all documentation received by the
corresponding task end date. If at any time, this Grant Agreement is amended to extend the Grant
Agreement end date, in no event shall grant project work be authorized past EPA's 319(h)2018 grant end
date of 9/30/2022, regardless of whether it is grant-funded work or match-funded work. For the 31918
grant or match funded work, the Grantee shall submit a final payment request no later than 30 days
following the grant end date of 9/30/2022 to assure the availability of funds.
Task No. Task Title Task Start Date Task End Date
1 Construction Upon Execution 07/31/2020
2 Public Education Upon Execution 02/26/2021
Draft Final Report. . Upon Execution 12/04/2020
3 '
Final Report: Upon Execution 02/26/2021
BUDGET DETAIL BY TASK: Cost reimbursable grant funding must not exceed the budget amounts as
indicated below.Match funding shall be provided in the categories indicated below.
Task No. Budget Category Grant Amount, Match Amount,
Not to Exceed Minimum
1 Contractual Services $98,500 $260,000
2 Miscellaneous/Other Expenses $1,500 $0
3 No Cost Deliverable $0 $0
Project Total. . $100,000 $260,000
Percentage Match 27.8% 72.2%
DEP Agreement No.NF053,Attachment 3,Page 3 of 3
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 Department in its performance of services
under the Agreement,Grantee must allow public access to all documents,papers, letters,or other material, regardless
of the physical form,characteristics,or means of transmission, made or received by Grantee in conjunction with the
Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section 119.07(1),F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public 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 term"contract"means the"Agreement." If Grantee is a"contractor"as
defined in section 119.0701(1)(a),F.S.,the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perforce 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 119,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 completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service.If the contractor transfers all
Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable
requirements for retaining Public Records.All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records,in a format specified by Department as compatible with
the information technology systems of Department.These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook,Adobe, or Excel, and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR 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: public.services�?a,floridadep.gov
Mailing Address:Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Agreement No.NF053,Attachment 4,Page 1 of 1
Rev.4/27/2018
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP"or"Grantor", or other name in the agreement)to the recipient(which may be
referred to as the 'Recipient", "Grantee"or other name in the agreement)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 OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not
be limited to,on-site visits by Department staff,limited scope audits as defined by OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to
comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope
audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any
inspections,reviews,investigations,or audits deemed necessary by the Chief Financial Officer 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 OMB
Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330
(for fiscal year start dates after December 26,2014).
1. ,In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014)or more in Federal awards in its fiscal year,the recipient must have a single or program-specific audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200,
Subpart F. EXHIBIT 1 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 by OMB Circular A-133,as revised, and 2 CFR Part 200,
Subpart F.An audit of the recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F.
3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part
200,Subpart F, is not required. In the event that the recipient expends less than$500,000(or$750,000, as
applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,Subpart F 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 other than Federal entities).
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4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
internet at www.cfda.Eov
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In determining
the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state
financial assistance, including state financial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7),Florida Statutes.This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit conducted
in accordance with the provisions of Section 215.97,Florida Statutes, is not required. In the event that the
recipient expends less than$750,000 in state financial assistance in its fiscal year,and elects to have an audit
conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must
be paid from the non-state entity's resources(i.e.,the cost of such an audit must be paid from the recipient's
resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audaen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the.fill cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
2 CFR Part 200,Subpart F and required by PART I of this Attachment shall be submitted,when required by
Section .320 (d),OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the
recipient directly to each of the following:
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A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fius
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a)(the number of copies required by Sections.320(d)(1)and(2),OMB Circular A-133,
as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised,and 2 CFR§200.512.
2. Pursuant to Section.320(f),OMB Circular A-133, as revised,and 2 CFR Part 200,Subpart F,the recipient
shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit(a dep.state.fl.us
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
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Electronically:
FDEPSingleAudit(dep.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAuditdep.state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as
applicable.
6. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with OMB Circular A-133,as revised and 2 CFR Part 200,Subpart F,or Chapters
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General,should indicate the date that the reporting package was delivered to the recipient in correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five(5)years from the date the audit report is issued,and shall allow the Department of Environmental Protection,
or its designee, Chief Financial Officer,or Auditor General access to such records upon request.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.
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EXHIBIT—1
FUNDS AWARDED.TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
Original U.S.Environmental 66.460 Nonpoint Source Implementation Grants $100,000 140076
Agreement Protection Agency
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97,F.S.:
State CSFA Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Total Award I $100,000
For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA)
[www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.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.
Attachment 5,Exhibit 1
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ATTACHMENT 8
Contract Provisions for EPA-Funded Agreements
The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the
Grantee,the term"Recipient"shall mean"Grantee."
Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to
all lower tier subrecipients,and to comply with the provisions of the award,including applicable provisions
of the OMB Uniform Guidance(2 CFR Part 200), and all associated terms and conditions. Therefore,
Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include
these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however
for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the
subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1. Administrative.Contractual,and Legal Remedies
The following provision is required if the Agreement is for more than $150,000. In addition to any of the
remedies described in the elsewhere in the Agreement, if the Recipient materially fails to comply with the
terms and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable
to this Contract,the Non-Federal Entity may take one or more of the following actions.
i. Temporarily withhold payments pending correction of the deficiency by the
Recipient.
ii. Disallow(that is,deny both use of funds and any applicable matching credit for)
all or part of the cost of the activity
or action not in compliance.
iii. Wholly or partly suspend or terminate this Contract.
iv. Take other remedies that may be legally available.
The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension
under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand
a refund,either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of
this Agreement.
2.- Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of"federally assisted construction
contract"as defined by 41 CFR Part 60-1.3:
During the performance of this Agreement,the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant for employment
because of race,color,religion,sex,sexual orientation,gender identity,or national origin.
The Recipient will take affirmative action to ensure that applicants are employed,and
that employees are treated during employment without regard to their race,color,religion,
sex,sexual orientation,gender identity,or national origin.Such action shall include,but not
be limited to the following:
a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;
layoff or termination;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The Recipient agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided setting
forth the provisions of this nondiscrimination clause.
ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf
of the Recipient,state that all qualified applicants will receive consideration for employment
without regard to race,color,religion,sex,sexual orientation,,gender identity,or national
origin.
iii. The Recipient will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant has inquired
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about,discussed,or disclosed the compensation of the employee or applicant or
another employee or applicant.This provision shall not apply to instances in which
an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information,unless such disclosure is in response to a formal complaint
or charge,in furtherance of an investigation,proceeding,hearing,or action,including an
investigation conducted by the employer,or is consistent with the Recipient's legal duty to
furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding,a notice to be provided
advising the said labor union or workers'representatives of the Recipient's commitments
under this section,and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24,
1965,and of the rules,regulations,and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or
pursuant thereto,and will permit access to his books,records,and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules,regulations,and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules,regulations,or orders,this Agreement may be
canceled,terminated,or suspended in whole or in part and the Recipient may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and
such other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as
otherwise provided by law.
viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1)
and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless
exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding
upon each subcontractor or vendor.The Recipient will take such action with respect to
any subcontractor purchase order as the administering agency may direct as a means of
enforcing such provisions,including sanctions for noncompliance.
4. Davis Bacon Act
If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if
required by the Federal Legislation,the Recipient must comply with the Davis-Bacon Act(40 U.S.C.3141-
3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In
accordance with the statute,contractors must pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,
contractors must pay wages not less than once a week. The Recipient must comply with the Copeland
"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part
3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States").The Act provides that each Recipient or subrecipient must be
prohibited from inducing,by any means,any person employed in the construction,completion,or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or
laborers,the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of
Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work
in excess of the standard work week is permissible provided that the worker is compensated at a rate of not
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less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market,or contracts for transportation or transmission of
intelligence.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non-
Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties,assignment or performance of experimental,
developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient
must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
7. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387)
If the Agreement is in excess of$150,000,the Recipient shall comply with all applicable standards,orders
or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water
Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal
Awarding Agency and the Regional Office of the Environmental Protection Agency(EPA).
8. Debarment and Suspension(Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award
Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment
and Suspension."
9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)
The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection with
obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.The Recipient shall
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the
Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
ADMINISTRATIVE
11. General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et.
sequence.
12. Rights to Patents and Inventions Made Under a Contract or Agreement
Rights to inventions made under this assistance agreement are subject to federal patent and licensing
regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212.
13. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175)
Recipients,their employees,subrecipients under this award,and subrecipients'employees may not:
i.Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii.Procure a commercial sex act during the period of time that the award is in effect;or
iii.Use forced labor in the performance of the award or subawards under the award.
14.Section 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234)
Recipients must comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973(P.L.93-234),if applicable. This act requires recipients in a special flood hazard area
to participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is$10,000 or more.
15.Water Resources Reform and Development Act(WRRDA)P.L. 113-121
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Recipients must comply with the Water Resources Reform and Development Act(WRRDA)P.L. 113-121,
if applicable.This act provides for improvements to the rivers and harbors of the United States,to provide
for the conservation and development of water and related resources.
16.Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14,2016 has been permanently extended(Public Law(P.L.) 114-261).
(a) This award,related subawards, and related contracts over the simplified acquisition threshold
and all employees working on this award, related subawards, and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
program on award recipient employee whistleblower protections established at 41 U.S.C.4712 by
section 828 of the National Defense Authorization Act for Fiscal Year 2013(P.L. 112-239).
(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce,of the employee whistleblower rights and protections under
41 U.S.C.4712.
(c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in
contracts over the simplified acquisition threshold related to this award;best efforts should be made
to include this clause,including this paragraph(c)in any subawards and contracts awarded prior to
the effective date of this provision.
17.Notification of Termination(2 CFR§200.340)
In accordance with 2 CFR§ 200.340, in the event that the Agreement is terminated prior to the end of the
period of performance due to the Recipient's or subcontractor's material failure to comply with Federal
statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall
be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,
accessible through System for Award Management(SAM)currently the Federal Awardee Performance and
Integrity Information System(FAPIIS). The Non-Federal Entity will notify the Recipient of the termination
and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements
of the notice and the Recipient's rights upon termination and following termination.
18.Additional Lobbying Requirements
(a) The Recipient certifies that no funds provided under this Agreement have been used or will be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
(b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seq.), prohibits any
organization described in Section 501(c)(4)of the Internal Revenue Code, from receiving federal
funds through an award, grant(and/or subgrant) or loan unless such organization warrants that it
does not,and will not engage in lobbying activities prohibited by the Act as a special condition of
such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
(c) Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using
funds provided by this Agreement for membership dues to any entity or organization engaged in
lobbying activities.
COMPLIANCE WITH ASSURANCES
19.Assurances
Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to
the Federal Government during the Grant application process.
20.Contracting with Small and Minority Businesses. Women's Business Enterprises, and Labor
Surplus Area Firms
Recipients shall take all affirmative steps necessary to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible, including those steps listed in 2 CFR
200.321(b).
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ENVIRONMENTAL PROTECTION AGENCY-SPECIFIC
21.EPA General Terms and Conditions (for purposes of compliance within the EPA General Terms
and Conditions only, "Recipient"refers to the Department and "Subrecipient"refers to the Grantee).
Recipients and subrecipients shall comply with EPA General Terms and Conditions applicable to the specific
Federal Award funding source, available at https://www.epa.gov/grants/grant-terms-and-conditions, and
incorporated by reference.
22.EPA's Prohibition on Paying Management Fees. Management fees or similar charges in excess of
the direct costs and approved indirect rates are not allowable. The term"management fees or similar charges"
refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business
expenses, unforeseen liabilities, or for other similar costs which are not allowable under this Agreement.
Management fees or similar charges may not be used to improve or expand the Project funded under this
Agreement,except to the extent authorized as a direct cost of carrying out the work identified in the Grant
Work Plan.
23.EPA Cybersecuritv Conditions
Recipients shall comply with the EPA Grant Cyber Security Conditions located at
https://www.epa.gov/grants/state-grant-cybersecurity-condition,last amended July 6,2015.
24.Environmental Justice Guidance under the National Environmental Policy Act(42 U.S.C.4321)
Recipients shall comply with the Environmental Justice Guidance under the National Environmental Policy
Act (42 U.S.C. 4321). This act relates to the fair treatment and meaningful involvement of all people
regardless of race, color, national origin or income with respect to the development, implementation, and
enforcement of environmental laws,regulations and policies.
25.EPA Regulations
Recipients shall comply with the following regulations: 40 CFR 4,40 CFR 12,40 CFR 12,40 CFR 29,40
CFR 33.302,40 CFR 33.501(b)and(c),40 CFR 34,40 CFR 35,2 CFR 1500,and 2 CFR 1532.
26.Drug-Free Workplace
Recipients must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific
requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these
regulations, the Recipients must identify all known workplaces under its federal awards, and keep this
information on file during the performance of the award.
27.EPA's Program for Utilization of Small,Minority,and Women's Business Enterprises.
Acceptance of the funds awarded under this Agreement requires general compliance with the EPA's
Disadvantaged Business Enterprise (DBE) Program pursuant to 40 CFR, Part 33. Recipients shall not
discriminate on the basis of race, color, national origin or sex in the performance of this Agreement.
Recipients shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts and/or subcontracts awarded under EPA financial assistance agreements.Failure by the Recipient
to carry out these requirements is a material breach of this Agreement which may result in the termination of
this Agreement or other legally available remedies.
Based on the amount awarded to the Department under the original Federal funding source for this
Agreement,Recipients are subject to the reporting requirements of the EPA's DBE Program.Recipients must
complete and submit a "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and
Interagency Agreements" report (EPA Form 5700-52A) with the applicable required Payment Request
Fonn(s).
The current EPA Form 5700-52A is included as an Exhibit to this Attachment,but it is also available from
the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe reporting.htm.
The Department has negotiated its current"Fair Share"objective and goals with the EPA,which are listed in
Attachment 7, Grant Award Terms. However, if the Grantee does not want to rely on the applicable
Department's MBE/WBE goals, the Grantee may contact the Department to coordinate the proposal of
alternate MBE/WBE goals based on availability of qualified minority and women-owned businesses to do
work in the relevant market for construction,services,supplies and equipment.
28. American Iron and Steel(Compliance with P.L. 113-76)
Recipients shall comply with the Consolidated Appropriations Act of 2014 (Public Law 113-76), if
applicable. This act includes an American Iron and Steel(AIS)requirement,if applicable.Clean Water State
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Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) assistance recipients are
required to use iron and steel products that are produced in the United States for projects for the construction,
alteration, maintenance, or repair of a public water system or treatment works and if the project is funded
through an assistance agreement executed beginning January 17,2014(enactment of the Act).
The appropriation language sets forth certain circumstances under which EPA may waive AIS requirements.
Furthermore,the act exempts projects where engineering specifications and plans were approved by a state
agency prior to January 17,2014. §319(h)funded projects are excluded from this provision.
29.Geospatial Data Standards
Recipients must meet the EPA Geospatial Data Standards. All geospatial data created must be consistent
with Federal Geographic Data Committee endorsed standards. Information on these standards can be found
at www.fgdc.gov.
30.Signage Required Term and Condition
a. Signage Requirements
The Recipient is required to place a sign at construction sites supported under this award displaying the
EPA logo in a manner that informs the public that the project is funded in part or wholly by the EPA.The
sign must be placed in a visible location that can be directly linked to the work taking place and must be
maintained in good condition throughout the construction period.
Recipients are required to comply with the sign specifications provided by the EPA Office of Public Affairs
(OPA)available at:https://www.epa.gov/grants/epa-logo-seal-specifications-signage-produced-epa-
assistance-agreement-recipients.If the EPA logo is displayed along with the logos of other participating
entities,the EPA logo must not be displayed in a manner that implies that EPA itself is conducting the
project.Instead,the EPA logo must be accompanied with a statement indicating that the recipient received
financial assistance from EPA for the project.As provided in the sign specifications from OPA,the EPA
logo is the preferred identifier for assistance agreement projects and use of the EPA seal requires prior
approval from the EPA.To obtain the appropriate EPA logo or seal graphic file,the recipient should send a
request directly to OPA and include the EPA Project Officer in the communication.Instructions for
contacting OPA is available on the Using the EPA Seal and Logo page.
Consistent with section 6002 of RCRA,42 U.S.C.6962,and 2 CFR 200.322,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 EPA
logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable,
provided the costs are reasonable.
b. Public or Media Events
The Recipient agrees to notify the EPA Project Officer listed in this award document of public or media
events publicizing the accomplishment of significant events related to construction projects as a result of
this agreement,and provide the opportunity for attendance and participation by federal representatives with
at least ten(10)working days'notice.
CLEAN WATER ACT SECTION 319 NON-POINT SOURCE ASSISTANCE AGREEMENTS-
SPECIFIC
31.Non-Point Source Assistance Agreement Terms and Conditions
Recipients shall comply with the Clean Water Act Section 319 Non-Point Source Assistance Agreements
Public Awareness Terms and Conditions Effective October 1,2014(PDF).
32.Operation and Maintenance
For Projects funded by EPA §319(h) funds, Recipients will assure the continued proper operation and
maintenance of all nonpoint source management practices that have been implemented for Projects funded
under this Agreement. Such practices shall be operated and maintained for the expected lifespan of the
specific practice and in accordance with commonly accepted standards.Likewise,the Recipient will assure
that similar provisions are included in any sub-agreements that are awarded.
33.Nutrient Management Plans for Animal Feeding Operations
Recipients shall comply with the Nutrient Management Plans for Animal Feeding Operations as required
under this Grant and must have and implement a nutrient management plan that: 1)provides and maintains
buffers or equivalent practices; 2) diverts clean water; 3) prevents direct contact of confined animals with
waters of the United States; 4) addresses animal mortality; 5) addresses chemical disposal; 6) addresses
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proper operation and maintenance; 7) addresses record keeping and testing; 8) maintains proper storage
capacity;and,9)addresses rate and timing of land application of manure and wastewater.
FLORIDA RURAL WATER ASSOCIATION TECHNICAL ASSISTANCE AND TRAINING
GRANT AGREEMENT-SPECIFIC
34.Green Infrastructure Policy
Recipients shall comply with the EPA's Green Infrastructure Policy(established by the American Recovery
and Reinvestment Act) for the Clean Water State Revolving Fund Program, if applicable. This policy
provides guidance and a best practices guide for funding green infrastructure in the CWSRF program.
35.Clean Water State Revolving Fund
Recipients shall comply with the Clean Water State Revolving Fund Regulations(Title VI of the Clean Water
Act, 40 CFR Part 35), if applicable. These regulations provide all applicable requirements of the EPA
regulations and rules and procedures prescribed under the Clean Water State Revolving Funds Regulations.
36.Drinking Water State Revolving Fund Regulations
Recipients shall comply with the Drinking Water State Revolving Fund Regulations(40 CFR Part 35 Subpart
L),if applicable. These regulations provide details on the requirements and functions of the Drinking Water
State Revolving Fund,authorized under the Safe Drinking Water Act.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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OMB CONTROL NO. 2030-0020
EXHIBIT 1 APPROVED: 06/30/2014
APPROVAL EXPIRES: 06/30/2017
U.S. ENVIRONMENTAL PROTECTION AGENCY
MBE/WBE UTILIZATION UNDER FEDERAL GRANTS
AND COOPERATIVE AGREEMENTS
FOR COOPERATIVE AGREEMENTS OR OTHER FEDERAL FINANCIAL ASSISTANCE WHERE THE COMBINED TOTAL OF FUNDS BUDGETED FOR PROCURING SUPPLIES,
EQUIPMENT,CONSTRUCTION OR SERVICES EXCEED$150,000.
PART 1:PLEASE REVIEW INSTRUCTIONS BEFORE COMPLETING
1A.FEDERAL FISCAL YEAR(Oct 1-Sep 30) 1B.REPORT TYPE
20 DAnnual Last Report(Project completed)
1C:REVISION OF A PRIOR YEAR REPORT? ❑No 0 Yes,Year
IF YES,BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING:
2A.EPA FINANCIAL ASSISTANCE OFFICE ADDRESS(ATTN:DBE COORDINATOR) 3A.RECIPIENT NAME AND ADDRESS
2B.EPA DBE COORDINATOR 3B.RECIPIENT REPORTING CONTACT
Name: Name:
Email: Address:
Phone: Phone:
Fax: Email:
4A.FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM TITLE OR CFDA NUMBER:
(SRF State Recipients,refer to Instructions for Completion of blocks 4A,5A and 5C)
5A.TOTAL ASSISTANCE AGREEMENT AMOUNT 5B.If NO procurements and NO accomplishments were made this reporting
EPA Share: $ period(by the recipients,sub-recipients,loan recipients,and prime contractors),
CHECK and SKIP to Block No.7. (Procurements are all expenditures through
Recipient Share:$ contract,order,purchase,lease or barter of supplies,equipment,construction,
or services needed to complete Federal assistance programs. Accomplishments,
N/A(SRF Recipient) in this context,are procurements made with MBEs and/or WBEs.) 0
5C. Total Procurements This Reporting Period(Only include amount not reported in any prior reporting period)
Total Procurement Amount$
(Include total dollar values awarded by recipient,sub-recipients and SRF loan recipients,including MBE/WBE expenditures.)
5D. Were sub-awards issued under this assistance agreement? Yes No
Were contracts issued under this assistance agreement? Yes No
5E. MBE/WBE Accomplishments This Reporting Period
Actual MBE/WBE Procurement Accomplished(Include total dollar values awarded by recipient,sub-recipients,SRF loan recipients and Prime Contractors.)
Construction Equipment Services Supplies Total
$MBE: 0.00
$WBE: 0.00
6.COMMENTS:(If no MBE/WBE procurements,please summarize how certified MBEs/WBEs were notified of the opportunities to compete for the procurement dollars
entered in Block 5C and why certified MBEs/WBEs were not awarded any procurements during this reporting period.)
7.NAME OF RECIPIENT'S AUTHORIZED REPRESENTATIVE TITLE
8.SIGNATURE OF RECIPIENT'S AUTHORIZED REPRESENTATIVE DATE
EPA FORM 5700-52A available electronically at http://www.epa.gov/osbp/pdfs/5700 52a.pdf
Attachment 8,Exhibit 1
Page 1
OMB CONTROL NO. 7O3O-1302O
APPROVED: 0h/30/2U14
APPROVAL EXPIRLS: 0t00/207.7
PART II.
MBE/WBE PROCUREMENTS MADE DURING REPORTING PERIOD
EPA Financial Assistance Agreement Number:
1. Procurement Made By 2. Business Enterprise 3._$Value of 4. Date of 5. Type of Product or 6. Name/Address/Phone Number of MBE/WBE
( Procurement Procurement Service(Enter Code) Contractor or Vendor
Recipient I Sub- Prime Minority ! Women
Recipient i MM/DD/YY
iand/or SRF
Loan
Recipient
!
•
i ` !
z ( I
Type of Product or Service Codes:
1=Construction 2=Supplies 3=Services 4=Equipment
Note: Recipients are required to submit MBE/WBE reports to EPA beginning with the Federal fiscal year the recipients receive the award,continuing until the oroiect is completed.
Attachment 8,Exhibit ]
Page 2
Instructions: If at the time of award,the combined total of funds
budgeted for procurements in any category is less
A. General Instructions: than or equal to$150,000 and is maintained below
the threshold, no DBE report is required to be
submitted.
MBE/WBE utilization is based on 40 CFR Part 33.
The reporting requirement reflects the class
deviation issued on November 8, 2013, clarified on Recipients are required to report 30 days after the
January 9, 2014 and modified on December 2, end of each federal year, per the terms and
2014. EPA Form 5700-52A must be completed conditions of the financial assistance agreement.
annually by recipients of financial assistance
agreements where the combined total of funds Last reports are due October 30th or 90 days after
budgeted for procuring supplies, equipment, the end of the project period, whichever comes
construction or services exceeds$150,000.This first.
reporting requirement applies to all new and
existing awards and voids all previous reporting MBE/WBE program requirements, including
requirements. reporting, are material terms and conditions of the
financial assistance agreement.
In determining whether the $150,000 threshold
is exceeded for a particular assistance
agreement, the analysis must focus on funds B. Definitions:
budgeted for procurement under the supplies,
equipment, construction, services or "other" Procurement is the acquisition through contract,
categories, and include funds budgeted for order, purchase, lease or barter of supplies,
procurement under sub-awards or loans equipment, construction or services needed to
accomplish Federal assistance programs.
Reporting will also be required in cases where the
details of the budgets of sub-awards/loans are not A contract is a written agreement between an EPA
clear at the time of the grant awards and the recipient and another party(also considered
combined total of the procurement and sub- "prime contracts") and any lower tier agreement
awards and/or loans exceeds the$150,000 (also considered "subcontracts")for equipment,
threshold. services, supplies, or construction necessary to
complete the project. This definition excludes
written agreements with another public agency.
When reporting is required, all procurement This definition includes personal and professional
actions are reportable, not just the portion which services, agreements with consultants, and
exceeds$150,000. purchase orders.
If at the time of award the budgeted funds exceed A minority business enterprise (MBE) is a business
$150,000 but actual expenditures fall below, a concern that is (1) at least 51 percent owned by
report is still required. one or more minority individuals, or, in the case of
a publicly owned business, at least 51 percent of
the stock is owned by one or more minority
Attachment 8,Exhibit 1
Page 3
individuals; and (2) whose daily business efforts for utilizing MBEs and WBEs must be
operations are managed and directed by one or documented. Such documentation is subject to
more of the minority owners. In order to qualify EPA review upon request:
and participate as an MBE prime or subcontractor
for EPA recipients under EPA's DBE Program, an 1. Ensure DBEs are made aware of contracting
entity must be properly certified as required by 40 opportunities to the fullest extent practicable
CFR Part 33, Subpart B. through outreach and recruitment activities.
For Indian Tribal, State and Local and
U.S. citizenship is required. Recipients shall Government recipients, this will include placing
presume that minority individuals include Black DBEs on solicitation lists and soliciting them
Americans, Hispanic Americans, Native Americans, whenever they are potential sources.
Asian Pacific Americans, or other groups whose
members are found to be disadvantaged by the 2. Make information on forthcoming
Small Business Act or by the Secretary of opportunities available to DBEs and arrange
Commerce under section 5 of Executive order time frames for contracts and establish delivery
11625. The reporting contact at EPA can provide schedules, where the requirements permit, in a
additional information. way that encourages and facilitates
participation by DBEs in the competitive
A woman business enterprise(WBE) is a business process.This includes,whenever possible,
concern that is, (1) at least 51 percent owned by posting solicitations for bids or proposals for a
one or more women, or, in the case of a publicly minimum of 30 calendar days before the bid or
owned business, at least 51 percent of the stock is proposal closing date.
owned by one or more women and (2) whose daily
business operations are managed and directed by 3. Consider in the contracting process whether
one or more of the women owners. In order to firms competing for large contracts could
qualify and participate as a WBE prime or subcontract with DBEs. For Indian Tribal, State
subcontractor for EPA recipients under EPA's DBE and local Government recipients, this will
Program, an entity must be properly certified as include dividing total requirements when
required by 40 CFR Part 33, Subpart B. economically feasible into smaller tasks or
quantities to permit maximum participation by
DBEs in the competitive process.
Business firms which are 51 percent owned by
minorities or women, but arein fact not managed 4. Encourage contracting with a consortium of
and operated by minorities or females do not DBEs when a contract is too large for one of
qualify for meeting MBE/WBE procurement goals. these firms to handle individually.
U.S. Citizenship is required.
5. Use the services and assistance of the SBA and
Good Faith Efforts the Minority Business Development Agency of
the Department of Commerce.
A recipient is required to make the following good 6. If the prime contractor awards subcontracts,
faith efforts whenever procuring construction, require the prime contractor to take the steps
equipment, services, and supplies under an EPA in paragraphs (a) through (e) of this section.
financial assistance agreement. These good faith
Attachment 8,Exhibit 1
Page 4
C. Instructions for Part I: 5A. Provide the total amount of the Assistance
Agreement which includes Federal funds plus
1A. Specify Federal fiscal year this report covers. recipient matching funds and funds from other
The Federal fiscal year runs from October 1st sources.
through September 30th (e.g. November 29, 2014
falls within Federal fiscal year 2015) *For SRF recipients only: SRF recipients will not
enter an amount in 5a. SRF recipients should check
1B. Specify report type. Check the annual the "N/A" box.
reporting box. Also indicate if the project is
completed. 5B. Self-explanatory.
1C. Indicate if this is a revision to a previous year 5C. Provide the total dollar amount of ALL
and provide a brief description of the revision you procurements awarded this reporting period by the
are making. recipient, sub-recipients, and SRF loan recipients,
including MBE/WBE expenditures, not just the
2A-B. Please refer to your financial assistance portion which exceeds $150,000. For example:
agreement for the mailing address of the EPA Actual dollars for procurement from the procuring
financial assistance office for your agreement. office; actual contracts let from the contracts
office; actual goods, services, supplies, etc., from
other sources including the central purchasing/
The"EPA DBE Reporting Contact" is the DBE procurement centers).
Coordinator for the EPA Region from which your
financial assistance agreement was originated. For
a list of DBE Coordinators please refer to the EPA *NOTE:To prevent double counting on line 5C, if
OSBP website at http://epa.gov/osbp/dbe_cord. any amount on 5E is for a subcontract and the
prime contract has already been included on Line
5C in a prior reporting period,then report the
3A-B. Identify the agency, state authority, amount going to MBE or WBE subcontractor on
university or other organization which is the line 5E, but exclude the amount from Line 5C. To
recipient of the Federal financial assistance and the include the amount on 5C again would result in
person to contact concerning this report. double counting because the prime contract, which
includes the subcontract, would have already been
4A. Provide the Assistance Agreement number reported.
assigned by EPA. A separate report must be
submitted for each Assistance Agreement. *For SRF recipients only: In 5c please enter the
total annual procurement amount under all of your
*For SRF recipients: In box 4a list numbers for ALL SRF Assistance Agreements.The figure reported in
OPEN Assistance Agreements being reported on this section is not directly tied to an individual
this form. Assistance Agreement identification number..(SRF
state recipients report state procurements in this
section)
4B. Refer back to Assistance Agreement
document for this information.
Attachment 8,Exhibit 1
Page 5
5D. State whether or not sub-awards and/or 2. Check either the MBE or WBE column. If a
subcontracts have been issued under the financial firm is both an MBE and WBE, the recipient may
assistance agreements by indicating "yes" or"no". choose to count the entire procurement towards
EITHER its MBE or WBE accomplishments. The
5E. Where requested, also provide the total recipient may also divide the total amount of the
dollar amount of all MBE/WBE procurement procurement (using any ratio it so chooses) and
awarded during this reporting period by the count those divided amounts toward its MBE and
recipient, sub-recipients,SRF loan recipients, and WBE accomplishments. If the recipient chooses to
prime contractors in the categories of construction, divide the procurement amount and count portions
equipment, services and supplies.These amounts toward its MBE and WBE accomplishments, please
include Federal funds plus recipient matching funds state the appropriate amounts under the MBE and
and funds from other sources. WBE columns on the form. The combined MBE
and WBE amounts for that MBE/WBE contractor
must not exceed the"Value of the Procurement"
6. If there were no MBE/WBE accomplishments reported in column#3
this reporting period, please briefly how certified
MBEs/WBEs were notified of the opportunities to
compete for the procurement dollars entered in 3. Dollar value of procurement.
Block 5C and why certified MBEs/WBEs were not
awarded any procurements during this reporting 4. Date of procurement, shown as month, day,
period. year. Date of procurement is defined as the date
the contract or procurement was awarded, not the
7. Name and title of official administrator or date the contractor received payment under the
designated reporting official. awarded contract or procurement, unless payment
occurred on the date of award. (Where direct
purchasing is the procurement method,the date
8. Signature, month, day, and year report of procurement is the date the purchase was
submitted. made)
D. Instructions for Part II: 5. Using codes at the bottom of the form,
identify type of product or service acquired through
For each MBE/WBE procurement made under this this procurement (e.g., enter 1 if construction, 2 if
financial assistance agreements during the supplies, etc.).
reporting period, provide the following
information: 6. Name, address, and telephone number of
MBE/WBE firm.
1. Check whether this procurement was made
by the recipient, sub-recipient/SRF loan recipient,
or the prime contractor.
Attachment 8,Exhibit 1
Page 6
**This data is requested to comply with provisions mandated by: statute or regulations (40 CFR Parts 30, 31, and
33 and/or 2 CFR Parts 200 and 1500); OMB Circulars; or added by EPA to ensure sound and effective assistance
management. Accurate, complete data are required to obtain funding, while no pledge of confidentiality is
provided.
The public reporting and recording burden for this collection of information is estimated to average I hour per
response annually. Burden means the total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclosure or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install, and utilize technology and systems for the
purposes of collecting, validating, and verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply with any previously applicable
instructions and requirements;train personnel to be able to respond to a collection of information;search data
sources; complete and review the collection of information; and transmit or otherwise disclose the
information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and
any suggested methods for minimizing respondent burden, including through the use of automated collection
techniques to the Director, OPPE Regulatory Information Division, U.S. Environmental Protection Agency (2136),
1200 Pennsylvania Avenue, NW, Washington, D.C. 20460. Include the OMB Control number in any
correspondence. Do not send the completed form to this address.
Attachment 8,Exhibit 1
Page 7
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Progress Report Form
Exhibit A
DEP Agreement No.: NF053
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant Work Plan:
A summary of project accomplishments for the reporting period,and comparison to goals for the period.If
goals were not met, provide reasons why. Provide an update on the estimated time for completion of the
task and an explanation for any anticipated delays. Identify by task.
Use as many pages as necessary to cover all tasks in the Grant Work Plan.The following format should be
followed.
Task#: Description:
Progress for this reporting period:
Identify any delays or problems encountered:
Task#: Description:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.NF053 and
accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Exhibit A,DEP Agreement No.NF053
loft
Rev.4/5/2018
Exhibit C
The Payment Request Summary Form for this grant can be found on our website at this link:
https://floridadep.gov/wra/wra/documents/payment-request-summary-form
Please use the most current form found on the website, linked above,for each payment request.