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Home My WebLink AboutDocumentation_Regular_Tab 14_1/11/2024 Agenda Item #14. Regular Council STAFF MEMO Meeting: Regular Council - Jan 11 2024 Staff Contact: Greg Corbitt, Director of Parks and Department: Parks and Rec Recreation Consider Approval of the Florida Department of Environmental Protection's Standard Grant Agreement for Project A24021 at Remembrance Park SUMMARY: project will include a new picnic facility, hiking trails, playground equipment, educational signage, parking lot and landscaping. The project is to be completed by April 30, 2026 and the expiration date is June 30, 2026. This is a matching grant, with the FDEP contributing $200,000 and the Village of Tequesta contributing $200,000 for a total of$400,000. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT $400,000 AMOUNT AVAILABLE EXPENDITURE AMOUNT: $400,000 $200,000 FUNDING SOURCES: FDEP Matching Grant IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONFDEP Matching Grant ATTACHMENTS: I Remembrance Park Grant.ada Page 251 of 428 Agenda Item #14. Village of Tequesta Village Clerk's Office Agreement Transmittal Form Attach the Agreement Transmittal Form to the top of ALL agreements including agreements that go to Council for approval AND agreements the manager signs (under $75,000). Agreements are processed and imaged immediately following the council meeting, therefore should be signed by the entity you are entering into agreement with PRIOR to coming to the Clerk's or Manager's Office. Please complete the form in its entirety. DEPARTMENT AND STAFF Greg Corbitt, Parks & Recreation CONTACT (who do we contact with questions): NAME OF VENDOR: FDEP PROJECT NAME/TITLE OF A24021 AGREEMENT: COUNCIL APPROVAL DATE: January 11, 2024 ORDINANCE/RESOLUTION NUMBER: IS THIS A CAPITAL PROJECT: x❑ Yes Capital projects require a longer ❑ No retention period. DOLLAR AMOUNT: $400,000 AGREEMENT TERM END DATE (Required to be filled in): If the agreement DOES NOT have 06/30/2026 an end date, please assign it an end date for imaging and disposition purposes. NUMBER OF AGREEMENTS TO 1 BE SIGNED (did you place sign her tabs in the proper signature locations?) SPECIAL INSTRUCTIONS FOR CLERK'S OFFICE: Updated: 6/28/2023 Page 252 of 428 Agenda Item #14. Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org TO: Council Members Jeremy Allen, Village Manger FROM: Greg Corbitt, Parks &Recreation Director DATE: January 11, 2024 SUBJECT: Remembrance Park Grant Please find attached the State of Florida Department of Environmental Protection's Standard Grant Agreement for Project A24021 at Remembrance Park. The project will include a new picnic facility, hiking trails, playground equipment, educational signage,parking lot and landscaping. The project is to be completed by April 30, 2026 and the expiration date is June 30, 2026. This is a matching grant, with the FDEP contributing $200,000 and the Village of Tequesta contributing $200,000 for a total of$400,000. This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Page 253 of 428 Agenda Item #14. S'I'A"I'E OF FLORIDA DE1'.ART.IEN1'OF ENVIRONMENTAL I'KO'I'ECTION Standard Grant Agreement This Agreement is entered into between the Parties named below. pursuant to section 21 5,971. Florida Statutes: I. Project Title(Project): Agreement Number: Remembrance Park A4021 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boule%-ard Tallahassee, Florida 32399-3000 (Department) Grantee Nano: Village of Tequesta Entity Type: Local Government Grantee Address: 345 Tequesta Drive,Tequesta, FL 33469 FEID: 59-604408 (Grantee) 3. Agreement Begin Date: Project Completion Date: Date of Expiration: Upon Execution April 30,2026 June 30, 2026 4. Project Number: A24021 Project Location(s): 483 Seabrook Road,Tequesta,FL 33469 1/1 diflcreiu/rum Agwenu•nt Number) Project Description: New picnic facility,hiking trails playground equipment educational signage parking lot and landscaping. P• b �P b equipment,� b b �P b p• b. 5. Total Amount of Funding: Funding Sourcc'.' Award Ns or Line-Item Appropriations: Amount p+sr Source(s): _❑ State ❑Federal Line Item No. 1796,GAA,FV 2023-2024 S200,000.00 ❑ State C Federal S ❑ Grantee Match S 200,000.00 Total Amount of Fundint;+Grantee Match, if am,: S 400,000.00 6. Department's Grant Manager Grantee's Grant Nlanagcr Name: April Moody Name: Greg Corbin, Parks & Recreation Directo or successor or successor Address: 3900 Commonwealth Blvd. Address: 345 Tequesta Drive MS#585 Tegueste, F!, 33469 Tallahassee, FL 32399 Phone: 850-245-2501 Phone: 561-768-0473 1-mail: spril.moody(a iloridadep.gov Email: gcorbittCalcquesta.org 7. The Parties agree to comply with the ienns and conditions of the following attachments and exhibits which are hereby incorporated by reference: ❑ Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ❑ Attachment 2: Special Terms and Conditions ❑ Attachment 3: Grant Work Plan ❑ Attachment 4: Public Records Requirements ❑ Attachment 5: Special Audit Requirements ❑ Attachment 6: Program-Specific Requirements ❑ Attachment 7: Grant Award Terms(Federal) •C'epy wadable ar bM'L:facsa tld6s4m.in accordance A 0 section 215,985,F S ❑ Attachment 8: Federal Regulations and Ternis(Federal) ❑ Additional Attachments(if necessary): El Exhibit A: Progress Report Form ❑ Exhibit H: Property Reporting Fonr ❑ Exhibit C: Payment Request Sunintaty Form ❑ Exhibit D:Quality Assurance Requirements ❑ Exhibit E: Advance Payment 7-ernis and Interest Earned Menlo _ ❑ Exhibit F:Compton Carrier or Contracted(arricr Attestation form PUR1808(State) ❑ Exhibit H: Non-Profit Organiwation Compensation Form (State) SEP Agreement No. Page 254 ppf 428 Rev.%29Y23 Agenda Item 14. ❑ Additional Exhibits (if necessary): R. The following information applies to Federal Grants only and is identified in accordance with?C'FR 200.331 (a)(1): Federal Award Identification Numherfsl IFAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award RKD'? ❑ Yes ❑M;'A IN WITNESS WHEREOF.this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. GRANTEE Grantee Namc By (Audivri_ed Signanrre) Date Signed Jeremy Allen- Villake Manager Print Name and Title of Person Sinning State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. SEP Agrcerncot No. Page 255 (f.428 z�..,v,. ..,..e......... Agenda Item #14. STATE OF FLORIDA DEPAR" IVIENT OF ENVIRO)NAIENTAL PROTECTION STANDARD TERIVIS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS A'TTACHNIENT 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 terns and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. ,attachments other than Attachment 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 f'ornnal amendment or a change order,only by a written agreement between tenth parties_ A lurmal amendment to this Agreement is required for changes which cause any of the lollowing: (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;andlor (4) changes to the cuntttiative amount of funding transfers between apprcved budget categories, as defined in Attachment 3,Grant Work Plan, that exceeds or is expected to exceed twenty percent(200/,n)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 finds 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: (3)changing the current funding source as stated in the Standard Grant Agreement; andior (4)find 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 perf'ortned on or atterthe date of execution through the expiration date ofthis Agreement, unless otherwise specified in Attachment 2, Special Terrns and Conditions. However, work performed prior to the execution of this Agreentent may be reimbursable or used for match purposes if penniucd by the Special Terms and Conditions. Attachment 1 1 of 13 Rev.9�1512023 Page 256 of 428 Agenda Item #14. 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 othcrunits of dclivcrablcs 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 perfonn in accordance with the terms and conditions set f'orlh in this Agrccmcnt and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (I) the services will be performed by qualified personnel;(2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be perforated in a professional and workmanlike manner in accordance with industry standards and practices. (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party-.and(3)its employees,subcontractors,an&or subgranices shall comply with any security and safety requirements and processes, if provided by Dcpartmcnt,for work done a[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 nice[ the Agreement requirements. Notwithstanding any provisions ][erein 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 dclivcrablcs 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 decmed rejected. b. Rciection of Deliverables. The Department reserves the right to reject dclivcrablcs,as outlined in the Grant Work Plan,as incomplete, inadequate,or unacceptablc due,in whole or in part, to Grantee's lack of satisfactory performance tinder 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_ Paymcnt 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_ Withholdins Pavment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Tcnns and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grantee has failed to perfonnicomply with provisions of this Agrccmcnt. None of the financial consequences- for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantcc does not nice[a deadline for any dcliverablc,the Dcpartmcnt will reduce the invoice by 1%f'or each day the deadline is missed,unless an extension is approved in writing by the Department. c. Con-ective Action Plan. If Granlcc fails to correct all the deficiencies in a rejected deliverable within the specified timefranic, Dcpartmcnt may, in its sole discretion. rcqucst that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department, The Department requests that Grantcc specify the outstandingdclicicncics in the CAP. All CAPS must be able to be implemented and perfortned in no more than sixty(60)calendar days. S. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of rcccipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If flit 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 flit proposed CAP by Department does not relieve Grantee of any of its obligations under the Agrccmcnt. In the event the CAP fails to correct or eliminate perlbnmance deficiencies by Grantee, Dcpartmcnt shall retain the right to Attachment 1 2ot'13 Rev.9115/2023 Page 257 of 428 Agenda Item #14. require additional or further remedial steps, or to terminate this Agreement for failure to perfonn. 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. in. 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 tennination of file Agreement. 8. Payment. a. Pavntent 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 is subject to, including State sales and use taxes. or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICAISocial 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 Slandard Grant Agreement.Any additional funds necessary for the completion of this Pro,iect 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 Summary Fonn. 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 tollowing web address: halt-:/(wktiw,m fl ddacfQ.cgnt'docs-sf/accguntin�;-and-auditi�ibrarics/sfate- agccncic.- ferCnc_e-guidc-f r-titatc-cxucnditura..pd e. Rural mmunities anS1 Rural Argil fnptLtstrtuni� If Grantee is a county or municipality that qualifies as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2). F.S.,such Grantee ntay request front the Department that all invoice payments(i.e.,cost reimbursement)under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i_ Grantee demonstrates that it is a county or municipality that qualities as a "rural community" or "rural area of opportunity"under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department.which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terrtts and conditions;and iv. Applicable f'cderal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law,rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: httin floridaiobs.ore cotmmunity,-plannirig-and-development/rural-contntunity-txograms rural-areas-of- opmrlunitY, f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Departntcnt in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Deparunent for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of non-profit organization under section 215.97(2)(nt), F.S.,Contractor ntusl provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full terns of the contract or agreement f'or remuneration to any member of the board ofdirectors or an officer of Contractor. ii. Allocated tinder each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 3of13 Rev.9115/2023 Page 258 of 428 Agenda Item #14. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the States the contract tracking system and maintained pursuant to section 2 15.985, F.S.,and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. t. Final Pavnlent Rcqucst.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. however, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The States performance and obligation to pay under this Agreement is contingent upon all annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authori2ation for continuation and completion of work and any associated payments may he rescinded, with proper notice. at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: httos:, www.mvfloridacfo.comfdivision,aa/local-govcrntnncnts/itidecnnctit-interest-rates. I. Refund of Pavments to the Deparamew. 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 subgrantec is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal fluids and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documenlation Required for Cost Reimbursement Crant Agreements and klatch. 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. Lalaav'WagcA. 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. Qvcnccad/lndircct/Gcncral anti/ 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 detennines 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 docuncnlation identical to that required from Grantcc. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour. and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead,indirect. and/or general and administrative rates)shall be supported by audit. If Department detennines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such fluids 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 55,044 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 69I-72, Florida Administrative Code(F.A.C.) and/or Chapter 691-73. F.A.C.,as applicable.The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include file 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 consuhantslcontractors in performing the work described in Attachment 3, Grant Work Plan, Invoices submitted to Department for fixed- price subcontracted activities shall be suppotted with a copy of die subcontractor's invoice and a copy ofthe 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 Attachment 1 4of13 Rev.9115/2023 Page 259 of 428 Agenda Item #14. negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be perfonncd by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixedprice 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 1 12.661, F.S. c. Direct Purchase E ui meat. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 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 Fonn. f. Rentalil.case of Equipment. Match or reimbursement requests for rentalllcase of equipment must include copies of invoices or receipts to document charges. g. Miscellaneou:vOther 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; attomcy's fees or court costs, civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. I-and Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress+'egress casements, leases. license agreements, or other site access agreements;and/or obtaining record title ownership of real property through purchase) must be supported by the foilcnving, 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 ardor rights. If land acquisition costs are used to meet match requirements,Grantcc 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 Fonn, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem nesolulions, scheduled updates, and proposed work for the next reporting period. (quarterly status reports are due no later than twenty (20) days following tile 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. H. Retainage. The following provisions apply if Department withholds rctainagc under this Agreement: a- The Department reserves the right to establish the amount and application of relainage 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 dclivcrablcs. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,Grantee sliall forfeit its right to payment of the rctainage 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 slrall provide written notification to Grantee of the failure to perform that shall result in rctainage forfeiture, If the Grantee does not correct the failure to perform within the tintcfrantc stated in Department's notice, the rctainagc will be forfeited to Department. c. No rctainagc shall be released or paid for incomplete%vork while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the rctainagc associated with the work, provided Grantee has completed the work and submits an invoice for rctainagc held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 5ofl3 Rev.9A 512O23 Page 260 of 428 Agenda Item #14. 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 tenors 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 Agrccmcnt 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 irnsurance. 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 writaen 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. Dury to Maintain Coveraec. 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 coN crage conforming to the requirements herein and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage. c. insurance Trust. If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Protection,its employees,and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a Termination for Convenience. When it is in the State's best interest, Department may,at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of tcmnination 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 Deparment shall not pay any invoice s received after thirty(30)days of the effective date of termination. b Termination for�ausc, The Department may terminate this Agrccmcnt 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 arc 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 scr�icc or deliverable on the date,and to the extent specified,in the notice. However, Grantee shall continue work on any portion of(he Agrccmcnt not terminated. If the Agrccmcnt is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily perfonned 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 Dcparhmcnt 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 has already been paid or,at Department's discretion, Grantee shall provide a refund for services that have been paid for bat not rendered. e Transition of Services Upon Termination_Expiration_or Cancel latioi,-of#w-Aprec-uncut.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 providcr(s). This requirement is at a minimum an affirmative obligation to cooperate with the new providcr(s), however additional requircnnents 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 Agrccmcnt,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 tinder the circumstances. This notice shall state the nature of the failure to perform and provide a linnc certain for correcting the failure.The notice will also provide that,should file Grantee fail to perform within the linne provided,Grantee will be found in default, and Departmmcnt may terminate the Agreement effective as of the date of receipt of file default notice. Attach nient 1 6of13 Rev.9dS/2023 Page 261 of 428 Agenda Item #14. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Granice, the following non- exclusive list of events,acts. or omissions,shall constitute events of detault. a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perl'orm the minimal level ofservices required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time 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 infbrnation: d. Failure to honor any tents of the Agreement: c_ 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 othcrentitics 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 trtrstcc in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fixlfill its obligations under the Agreement: 1. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment f'or the benefit of creditors; iii_ The appuintincm 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. 14. 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 ofthe 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 l'or convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible fordclay resulting from its failure to perform i fneither 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. tires, 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(l)within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result: or (2) if delay is not reasonably 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 1VITII 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 fur 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 dclermines, in its sole Attachment 1 7of13 Rev.9115/2023 Page 262 of 428 Agenda Item #14. discretion,that the delay will significantly impair the value of the Agreement to Department,i n which case Department may:(I)accept allocated performance ordeliveries from Grantee,provided that Grantee grant.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 Agreemenl quantity:or(3)terminate Agreement in whole orin part. 18. Indemnification. a. "fhe Grantee shall be fully liable f'or the actions of its agents, employees, partners. or subcontractors and shall fully indemnify, defend, and hold harmless Departttnettl and its officers, agents, and employees, from suits, actions, damages.and costs of ceery 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 Graruec,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 patty of its sovereign immunity or the provisions of section 768.29. 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 ltarnilcss or indemnify Grantee,insure or assume liability for Grantee's negligence, x+,aive 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 fitrany claim arising fiom 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 tenns 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 Crantee liable for fierce majeure events. Nothing in this Agreement, including financial consequences for nonpertitrmance, shall limit Department's right 10 pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to 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 10 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. S(atutory notices Relating to Unauthorized Employ men( 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 GrantCCISUbcontraetor 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 287.133,287.134.and 287.137 F.S.,the following restrictions apply to persons placed on the convicted vendor list,discriminatory vendor list, or the antitrust violator vendor list: i. Public 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 Attachment 1 8of13 Rev.9115/2023 Page 263 of 428 Agenda Item #14. not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perlimn work as a Grantee,supplier.subcontractor,orconsultant 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. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid,proposal,or reply on any contract to provide any good or services to a public entity. may not submit a bid,proposal,or reply on any contract with a public entity for the construction or repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant tinder a contract with a public entity;and may not transact new business with a public entity, iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity,at(850)487-0915. 23. Compliance with federal,State and I.ocal I-aws. a. The Grantee and all its agents shall comply with all ti,deral,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. Build America, Buv America Act(BABA)- Infrastructure Projects i0th Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also,this provision does not apply where there is a valid waiver in place. However,the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable,Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act(BABA). including the following provisions: a. All iron and steel used in the project are produced in the United States--this ntcans all manufacturing processes. from the initial melting stage through the application of coatings,occurred in the United States: b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States;and the cost of the components of the manufactured product that are mined.produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product,unless another standard lordetennining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation;and Attachment 1 9of13 Rev.91512023 Page 264 of 428 Agenda Item #14. c. All construction materials are manul'actured in the United Statcs-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into,or affixed to an infrastructure project. As such, it does not apply to tools,equipment,and supplies,such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings,such as movable chairs,desks,and portable computer equipment,that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an awanl for construction projects in whole or in part by the Bipartisan Infrastnucture Law,or the inflation Reduction Act, including the following provision: a. Signage Requirements a, investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official investing in America emblem and must identity the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: paps:/fwww.epa.Uov/im est/investing-arnerica-sianage. b. Procuring Signs:Consistent with section 6002 of RCRA,42 U.S.C. 6962.and 2 CPR 200.323. recipients are encouraged to use recycled or recovered materials when procuring signs.Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable.Additionally,to increase public awareness of projects serving communities where English is not the predominant language,recipients are encouraged to translate the language on signs(excluding the official Investing in America emblem or EPA logo or seal)into the appropriate non-English language(s).The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135.F.S.,the Department may immediately terminate this 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 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 Scr linized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the temt of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. 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 terns of any executed agreement between Grantee and the State,Grantee may lobby the executive or legislative branch concerning the scope of services,performance, tern, or compensation regarding that agreement.The Grantee shall comply with sections 1 1.062 and 216.347, F.S. 28. 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 Attach ment 1 10 of 13 Rev.9d512023 Page 265 of 428 Agenda Item #14. 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 DepartnieWs Inspector General,or other authorized State official,Grantee shall provide any type of int"ormation the Inspector General deems relevant to Grantee's integrity or responsibility.Such information may include,bill 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:(I) 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: lutn,l;dos.myflorida.cotevlibrary-archives,'records-mana gad ncny general-records-schedules/), 29. Audits. a. Insnector 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. Phvsical Access and Inspection. Department personnel shall be given access to and may obser►c 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, miterlals or documents; ii. Grantee shall permit inspection of any lacility, 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 authorizcs a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5. If Department fails to providc an updated copy ofFxhibit I to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Dcpartnent'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 tenns of Fedcrat and,'or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance.Grantee shall utilize the guidance:provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipicnt or vendor. For State financial assistance.Grantee shall utilize the firm entitled "Checklist for Nonslate Organizations Recipient,'Subrecipient vs Vendor Determination" (firm number DFS-A2-NS) that can be found under the "LinkslFornts" section appearing at the following wcbsite. https:e,?pns.fldfs.com fsaa. d. Proof olTransactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 C'FR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect. general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30)days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with fiords from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited tram 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 subreeipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these finds 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 11or non-compliance with the material terms of this Agrccnicnt. 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 datc(s) the Attachment I I of13 Rev.11'1512023 Page 266 of 428 Agenda Item #14. original payntent(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. u. 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 fur those recovered costs as calculated on from the date(s) the paynienl(s) are recovered by Grantee to the date repayment is made to Department. ni. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terns and Conditions. all services contracted f'or 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 liniitcd to,technical or training qualifications,quality of work,change in security status, or non-compliance with an applicable Department police 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 o f 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 sat'cty or security considerations. f. The Department supports diversity in its procurenient 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 (950)497-0915. g. The Grantee shall not be liable for any excess costs for a I'ailure to perform,if the failure to perform iscaused 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 ofeither,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to nice[ the required delivery schedule. 33. guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will guarantee all.of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantce. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records,shall survive termination,cancellation,or expiration of this Agreement. 35. 'Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee,its agents,servants,and employees,norshall 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. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision,and shall remain in full force and effect. Attach ntent 1 12 of 13 Rev.9115/2023 Page 267 of 428 Agenda Item #14. 37. 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. 39. 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 perfnnnance 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. 39. Compensation Report. If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State. annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the Grantee shall provide an annual report, including the most recent IRS Form 990.detailing the total compensation for the entities'executive Icadership teams.Total compensation shall include salary,bonuses,cashed-in leave, cash equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts slid 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 saute instrument. In accordance wiUt 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. Fach person signing this Agreement warrants that he or she is duly authorized tc do so and to bind the respective party to the Agreement. Attachment 1 13 of 13 Rev.9�15)2023 Page 268 of 428 Agenda Item #14. STATE OF FLORIDA DEPAR'TINENT OF ENV1RONNIENTAL PROTECTION Special Terms and Conditions AGREEMENT BYO.A4021 ATTACHMENT 2 These Special Terns and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1. Where in contlict.these more specific terms shall apply. 1. Scope of%York. The Project funded under this Agreement is Remembrance Park.The Project is defined in more detail in Attachment 3.Grant Work Plan, 2. Duration. a. Reimbursement Period. The reimbursement period f'or this Agreement begins when the final party signs the Agreement(the"effective date")and ends on the Project Completion Date.Only authorized Pre-Agreement expenses may be reimbursed outside of this period. b. Extensions. There arc no extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Pavmcnt 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 after approval of the final delivereable(s)• c. Advance Pax, Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability forcosts to meet snatching requirements shall be limited to the following budget categories,as defined in the Reference Guide for State Expenditures,as indicated: Reimbursement Match Category ® ® Salaries/Wages OverheadflndirectiGeneral and Administrative Costs: ® ® a. Fringe Benefits,N/A. ® ® b. Indirect Costs.Nt'A. ® ® Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112, F.S. ❑ ❑ Equipment ® ® RcntailLease of Equipment ® ® MisccllancouslOther Lxpcnses ❑ ❑ Land Acquisition S. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. hand Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 50%match on the part of the Grantee. Therefore, the Grantee is responsible for providing S200,000.00 through cash or third party in-kind towards the project funded under this Agreement. Attachment 2 1 of 3 Rev.SIV2023 Page 269 of 428 Agenda Item #14. 8. 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 tenns and limits described below. The limits o f 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 Department,Its employees,and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be S250,000 for each occurrence and$500.000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile liability,bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis.The Departmcnt, its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000?300,000 Automobile Liability for Company-Owned Vehicles,if applicable $200,0001300,000 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 liability coverage with minimum limits of$100,000 per accident, S 100,000 per person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. done. 9. Quality, Assurance Requirements. There arc no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. ll. Subcontracting. Subcontracting is not permitted under this Agreement. 12. Statc-om ned Land. The work will not be performed on State-owned land. 13. Office of Police and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier finn/person/corporation that as a regular business transports people or commodities from place to place. If applicable,Contractor mtist also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.1 11(1)(a), Florida Stattaes,the Department will terminate this contract Immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808, b. Applicable to solicitations for a common carrier—Before contract execution, the winning Contractor(s) must fill out and return PUR 1808,and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act,8 L'.S.C. ss. 1101 et seq, The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 2 of 3 Rev.8182023 Page 270 of 428 Agenda Item #14. B. Additional Terms. Now Ann terms added here nui.st he approved ky the Office of General Counsel. Attachment 2 3 of 3 Rev.SIV2023 Page 271 of 428 Agenda Item #14. r G SC i V V _ Q V Vi JS G u J ca G. o C] u = o y aCZ a r r T �_ o u C- a c s ^ cd Q x CL G a V C. ° 7 � CZ V CZ t2 W ti rr = oU i iWz7 G G ,� _ � t x cUi C72 nL IT cL o 0 c¢ o o _ o 0 0 o r•i C o O Cl T .O = OL •} G `� G 1V N K u F V J Q _ 75 ul r U � `� C V �iJ. -•V Q Cn O r C Q• G 0 Q Q p .. 00 d V Y V y G V U _ p to Op _ r . i a cJlr 72 age 272 of 428 Agenda y T V V V O a n y •� o - c o o O C CT F' V 0 v ~ •J N V ^1 o 'G QO � C •7 d T " r] U V �• CJ •r, ,O 7 •r, C cz 67 �i. F ,V C 6-Ti 61 � � r � .- T•., p C c o OC V O cj V O A, U _ — ho zO c i c m� TO „c7 r �N C � ti O v. to C L U r t 'f V •L G� y J •y C 0 r. W CLl V a' U ` < 6 U CD .: 00 z e=m C CZV V _O _O L 7 r .r r O •d � .- _ C. .- rJ U G N V y W - C U C 7 0 vi V v s•. Ti c CJ ,� — cr y q OC ai f� Q o Q C C NO C j CJ .0 6i C) Vm C! C C eC.: Cl C y J •-� r V i.•.; C. C\ F y 10 ^ 0 Vcd ck r M " C ^ �' 6. _ LA tn O V Ti totV P a w Vci N w e u = C C uj•LS O 'x C) C CZ OL a r C C CX OC $! a < u rIn _ e E 7. co = Q o es cn CL c� V � � C � •w CJ U a � ,o °��' cyi 'O � i � � _a � � �' � ._ L% � y ai l o J a = ti ai x .� " 'J toa V a = v z C 7 C F a`�.. ^- Z C.J .� ?• G r. ._ � e .= � F d C F- � ni ni -a U ei F � r G G u y � ck O �, 72 ci G O G 3 u LA O V Cti V V1 a G �O C N ci ^ KO � G � r •Q OL � � n C w O ro a O ,f ej - aG U CALL V O ' e� r o o c vZ. N " ` C o F �•+ C� .+ ,� F N W 7. N tt N C N Page 273 of 428 Agenda Item #14. S72 co ^ � U U U •= J U x i u U •-� $ 4 = O > C ^ U 7 M U eJ G1 p U — U M VL' Or. • G _ O . C. U .. � U !J U v U r— 2 7 r- L Z o n � v 5 MU L — E- C 'V1 J r- 00 � U �• u � 'emu G O C. T p .n Q � � {�4 U cz tj tj U � U _ I1-- ? U •- _ 4 cc F eC G1 7 ci ca C J � J � G• cC C .-. n � U U = ea ^ r n D O U y cc = .. .^J. 'v v r- �-0 u c ° � � o _- � ti ti r O '✓.• .Q V n 0 V O r Q N U :7 :4 O G' dIL Q a O GO s 3 O c u _ x w < o o p p Ln v O T Page 274 of 428 Agenda Item #14. 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 l of the Florida Constitution or section 1 19.07(I), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by laxv. 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 l 19.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform 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 1 19.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements arc 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(ci,floridadep.gov (Wailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tal)ahassee, Florida 32399 Attach ment 4 1 of 1 Rev.4l2T2018 Page 275 of 428 Agenda Item #14. STATE OF FLORIDA DEPA117'17EN'I.OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Fedet-al Financial Assistance) Attach ment 5 The administration of resources awarded by the Department of Environmental Protection (which rnt}v be r(f&Y-red to as the "Deparurrent", "PEP", "PIMP"or "Grrrnrur". or other name in the agreement)to the recipient(►v/duh mai-be referrerl to as the"Recipiew", "Grantee"or other name in the agreenrem)inay be subject to audits andlor monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CPR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S,, as revised (see"AUDITS"below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200,425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures processes deemed appropriate by the Departmcnt 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(CFO) or Auditor General. AUDITS PART 1: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 200.330 1. A recipient that expends$750.000 or more in Federal awards in its fiscal year, must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received front the Department of Environmental Protection. The detennination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with theprovisions of 2 CFR Part 204.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I,paragraph 1.the recipient shall fulfill the requirements relative to auditce responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than$750.000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. if the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the imcmet at lutos:llsam.pov/contcr►t/assistance-listings. Attachment 5 1 of 7 BGS-DEP 55-215 revised 1 LV2022 Page 276 of 428 Agenda Item #14. PART 11-STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes, 1. In the event that the recipient expends a total amount of state financial assistance coqual to or in excess of 5750,000 in any fiscal year of such recipient (for fiscal years ending June 30. 2017. and thereafter), the recipient must have a Slate single or project-specific audit for such fiscal year in accordance with Section 215,97, F.S.; Rule Chaptcr 691-5, F.A.C., State Financial Assistance, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. EXHISIT i to this loan lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. in determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstatc entities. Slate financial assistance does not include federal direct or pass-through awards and resources received by a nonstafe entity for Federal program matching regtairements. 2. In connection with the audit requirements addressed in Part 11,paragraph l;file recipient shall ensure that the audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a financial reporting package as defined by Scction 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 es.pcnds less than$750,000 in stale financial assistance in its fiscal year(for fiscal year ending June 30, 2017, and lhercafler), an audit conducted in accordance with file provisions of Section 215.97, Florida Statutes, is not required. in the event that.the recipient expends less than 5750,000 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 SmItiles, file 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 l(om the recipient's resources obtained from other than State entities). 4. For information regarding the Florida CatalogofState Financial Assistance(CSFA),arecipient should access the Florida Single Audit Act websitc located at httl2s:llaiins.tldf-.cuiTi/fsa fur assistance. In addition to the above websitcs, the following websites may be accessed for information: Legislature's Wcbsitc at )ltlpa;www.log.state.11,us,Veleomedndexxfim, State of Florida's wcbsifc at http; %v%v%ti myf1orida.con-1, Department of Financial Services' Websitc at htlp www.fldfs.conm and the Auditor General's Wcbsitc at lit�t m:/-www.inyflorlda.conVaudgcn/. PART III:OTHER AUDIT RElUIREMENTS 6VOTL•.• This purl wouhl be used to specify curt'additional audil requh-emenls imposed b'v the Stale aww-(ling enlih? that(We solell•a nxcllew of that Stine awat-ding emilr's pot icy (l.e., the aur/il is nol required b►'Federal or State laws crud is nut in canJrrclmrithotherFcdora!wStole«rrcli/reynirenrcnits). Purs tan Ito Set Won 215.97(8).Florio/a Statutes, State agencies nra)-comhwl or crrrzrnge%ur audits ufSl«le -nanciul assistance that«re in«ddiliorr to«ru/ils conclucled in accurclanc•e with Section 21j.07, Florida Statutes. lit srrc•h can event, the Slate urtzu•(Iing agency nnrst cu•runge jar training the.Jidl cost ofs•uc•h additional«udils.) PART IV: REPORT SUBMISSION 1, Copies of reporting packages for audits conducted in accordance wilh 2 CFR Pail 200, Subpart F-Audit Requirements,and required by PART i of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designaled in 2 CFR§200.50[(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse),at the following address: Attachment S 2of7 BGS-DEP 55-215 tev6ed 1 LV2022 Page 277 of 428 Agenda Item #14. By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 1 Oth 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 httg;/iharvester.ccnsus.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditr� eh_state.fl.us R- The Auditor General's Office at the following address: Auditor Gcncral Local Government AudiW342 Claude Pcpper Building, Room 401 1 1 1 West Madison Street Tallahassee, Florida 32399-1450 ]'he Auditor General's website•(h1tp:l,'17auditor.gov/1 provides instructions for filing an electronic copy of a financial reporting package. 3. 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 Inspector Gcncral, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDE PS instl cA udit(ddcp,state.fl.us 4. 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 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor Gcncral,as applicable. Attachment S 3 of 7 BGS-DEP 55-215 revised 1 I.SP2022 Page 278 of 428 Agenda Item #14. 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650(non and for-profit organizations), Rules of the Auditor General,should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this 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. Attachment 5 4 of 7 BGS-DEP 55-215 tev6ed 1 LV2022 Page 279 of 428 Agenda Item #14. ƒ / / ƒ \ r- \G § 7 < < � ƒ § E § \ � d 2 \ 7 $ � > a . 0 \ § E ( u \ { a - / I \ 2 \ a 2 ® b \ t § \ \ 2 0 � 2 • k - - � = c _ ml6.6. \LLJ © m u = k `/ § u 2 &k \ . ( 4 \ [ % ¥ zj 2 & \ ¢ \ k k} Page 280 0 428 Agenda Item #14. G G G G rz O u G, V G � _V G C �• O C c •� O y y V U. C C 5! V4 Vi U � •V L � V � V. V � C � c i - � eui � .� � ^•i ro G = C V G E O � O m F � U ci U :11 G •C •=� 4 rs. •c � !, u � � � o L✓ (� o c 72Lz- o c - O u i Qo I6 C y �, eej ^ ^ E V) uZ Q. V L/ r,, G % W W C O 61) cli Gtj 2- C 3 Lo y C 1 a ` G C c C C v G u C V > < U 72co r zz u u fj 0i G r I, aci C U G C L p U v cr C v GQj C � � u O to y cj h': �'� u � i � o �• ti u_ t iL ` to c p "u Q c o C Li Page 281 of 428 Agenda Item #14. <22 \ � 2 \ # / U 7E ° ( 6 { 2 � 2255 � 14 / / $ 4 �2 y = mk § u2 G / fie — 52 CL d _ •� %0 9 rcV) e@u % kr- 02 & &" e < u 0 u \ \ �\ �\ � 3 ƒu \ u = u .. % / C 6 = C— \ 7 $ $ \ � ° ate 2 # � .o U § & Q u I % o » £ C" % R, k� § \ §; 4 �! Page 282 0 428 Agenda Item #14. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ATTACHMENT 6 1. Project Submittal Forms. Administrative Fonns, Reimbursement Forms, and Guidelines referenced in this Agreement may be found at httl2s://florid,idcn.LovAandvJland-and-recreation-grants/content/frdal2-assistance, or by contacting the Department's Grant Manager. 2. Notice to Commence. Prior to commencement of the Project,the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on the Commencement Documentation Checklist, DRP-107. Upon satisfactory approval by the Department,the Department will issue written "Notice to Conmience" to the Grantee to commence the Project. The Grantee SHALL NOT proceed until the Deyarlmenl issues the"Notice to Continence." Until the Department issues the "Notice to Commence,"the Department is not obligated to pay or reimburse Grantee for fees, costs,or general expenses of any kind that were incurred prior to the"Notice to Commence;'except for Pre- Agreement Expenses as more fully described in subsection 62D-5.05=1(34), F.A.C. 3. Site Plans. Project site facilities must be attractive for public use and compatible with the environment. Plans and specifications for Project site improvements and facilities must be in accordance with current engineering and architectural standards. The Grantee should emphasize the health and safety of users,accessibility to the general public,and the protection of the recreational and natural values of the area. The Grantee may alter a conceptual site plan only after wrilten approval by the Deparlment. The Grantee shall have final site plans(site,engineering,and architectural)prepared f'or the Project and sealed by a registered architect or engineer licensed in accordance with the laws of the State of Florida(coilecti-,ely the"Project Plans"). The Grantee must deliver a complete original, signed, and sealed set of the Project Plans to the Department before the Department will issue final reimbursement. 4. Project Cornplelion. All work under this Agreement must be completed no later than 60 days before the expiration date of the Agreement, known as the "Project Completion Date." The Department may require the Grantee to do additional work before designating the Project"complete_" If the Project has not been designated as complete by the Department by midnight of the Date of Expiration, the Project binds will revert to the revenue fund from which they were appropriated (paragraph 62D-5.058(7)(a). F.A.C.)_ 5. Project Complelion Certification. To certify completion, the Grantee will submit to the Department the Project Completion Certification, DRP-112, available online and incorporated herein by reference. The Project must be designated complete prior to the Department releasing final reimbursement. The Department shall designate the Project complete upon receipt and approval of all deliverables and when Project site is open and available for use by the public for outdoor recreation purposes. The Department will release the retainage when the Department approves the Completion Documentation set forth in paragraph 62D-5.058(7)(d), F.A.C. The final payment of the retained amount will be processed within thirty(30)days of file Project designated complete by the Department. 6. The following modifies paragraph 8A,Attachment 1, Standard Ternts and Conditions: a. Reimbursement for Costs. Project Costs will be reimbursed as provided in paragraph 62D-5.058(2)(a),F.A.C.,and in the Project Agreement. The Grantee is eligible for reimbursement,in whole or in part,for Department-approved Pre-Agreement Expenses Attachment 6 1 of 3 Rev.$119,2021 Page 283 of 428 Agenda Item #14. and, if applicable, costs associated with Retroactive Projects, through the Projcct Completion Date of this Agreement. 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 %York Plan. Reimbursement shall be requested on Exhibit C,Payment Request Summary Fong.'ro be eligible for reimbursement,cost(s)must meet all FRDAP rquircmcnts, financial reporting requirements. and 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 file following web address: https:h'%vww.mvfloridacfo.com,`Divisions+A&Nianualsrdocumcnts:ReferenceGuidcforStatcExpcndifures.pdf. i. Prc-Agrccment Expcnscs. Pursuant to subsection 62D-5.054(34), F.A.C., Prc-Agrecmcnt Expenses means expenses incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full execution of the Projcct Agreement. Parties hereby ackno",Icdgc and agree, Grantcc is entitled to submit for cost- reimbursement eligible Pre-Agrecmcnt Expenses, which arc expenses Grantee incurred for the accomplishment of the Project prior to full execution of this Agreement. 7. The following is added to paragraph 8.Attachment I, Standard Tcnns and Conditions: k. Project Costs. The Department will reimburse Project costs pursuant to paragraph 62D-5.058(2)(a). F.A.C., and as provided hcrcin. Projcct costs,except f-or Pre-Agrccmcnt Expcnscs, shall be incurred between the effective date of the Agreement, and the Project Completion Date as set forth in the Project Completion Certification detennined and identified hcrcin. If the total cost of the Project exceeds the grant amount and the required match (if applicable), Grantee must pay the excess cost. 1. Cost Limits. Pursuant to paragraphs 62D-5.058(2)(a) and (b), F.A.C., project planning expenses, such as application preparation, surveys (boundary and topographic), title searches, project signs, architectural and engineering fees,permitting fees,project inspection lees,and other similar fees arc eligible Project costs provided that such costs do not exceed fifteen percent(15%)of the total Project cost. 8. The following hereby replaces paragraph 8.11, Attachment I, Standard Terms and Conditions: h. Annual AppTopriation_Contin enc , The State's performance and obligation to pay under this Agrccmcnt is contingent upon an annual appropriation from the Recommended Application Priority List by the Florida Legislature. Authorization liar continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department it the Legislature reduces or eliminates appropriations. It is further understood that Grant Awards may be revised by file Department due to the availability of FRDAP program funds. 9. The following replaces paragraph 16, Attachment 1,S.tandard'tenns and Conditions: Status Reports. a. The Grantee t»ust utilize, Project Status Report Form, DRP-109, available onlinc and incorporated hcrcin by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions,schedule updates and proposed work for the next reporting period. The Project Status Reports must be submitted to the Department's Grant Manager no later Ihan January 5, May 5, and September 5. The Department's Grant Manager has thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. b. Additionally. the Grantee shall comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SC'ORP), available onlinc: illtps:llfloridadcp.Lov/t)ark_s,florida-scoM- outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory(FORI)system (hops: n floridadcp.eov,rparkslflorida-outdoor-recreation-inventor•). 10. Site Dedication. a. Land owned by the grantee and developed or acquired with FRDAP funds must be dedicated in perpetuity as an outdoor recreational site for the use and bcncfit of file general public in accordance with Rule 6213-5.059.F.A.C. Land under control other than by ownership of the Grantee such as by lease, must be dedicated as an outdoor recreation area for the use and bcncfit of the general public for a minimum period of mcnly-five(25)years from the Project Completion Date as set forth in(tic Project Completion Certificate.The dedications must be recorded in the county's public property records by the Grantee. Execution of this Agreement by the Department constitutes an acceptance of Project sitc(s)dedication on behalf of the general public of the State of Florida. b. Should the Grantee's interest in the land change,either by sale,lease,or other written legal instrument,the Grantee is required to notify the Department in writing of the change no later Ihan ten (10)days after the change occurs, Attachment 6 2 of 3 Rev.$119,2021 Page 284 of 428 Agenda Item #14. and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 1. Management of Proje.etSites. a. Site Inspections. Grantees must ensure by site inspections that facilities on the Project site are being operated and maintained for outdoor recreation for a minimum period of twenty-five (25) years from the Project Completion Date set forth in the Projcct Completion Certificate- The Project site must be open at reasonable times and must be managed in a safe and attractive manner. b. Non-Compliance. The Department will tcnninatc an agreement and demand return of the program funds (including interest)for non-compliance if a Grantee fails to comply with file terins stated in with the Agreement. If the Grantee fails to comply file Agreement, the Department will declare file Grantee ineligible for further participation in FRDAP until such fine as the Grantee comes into compliance. c. Public Accessibility, All facilities must be accessible to the public on a non-exclusive basis, without regard to age, sex,race,religion,or ability level. d. Entrance Fees. Reasonable differences in entrance fees for other FRDAP projects may be allowed on the basis of residence, but only if the Grantee can clearly show that the difference in entrance fees reflects, and is substantially related to,all economic factors related to park management, and it is not simply related to the amount of tax dollars spent by the residents for the park: and that a definite buaden on the Grantee in park maintenance costs clearly justifies a higher fee for nonresidents. e. Native Plantings.In developing a FRDAP project with program funds,the Grantee must primarily use vegetation native to the area.except for lawn grasses. f. The Grantee will obtain Department approval prior to any current or future development of facilities on the Project Sitc(s),which is defined in subsection 62D-5.05 I(46).F.A.C.This Agreement is not transferable. 12. Procurement Requirements for Grantee. The Grantee must secure all goods and services for the Project according to its adopted procurement procedures. 13. Signage, The Grantee must erect a perntanent information sign on (lie Project site that credits funding (or a portion thereof) to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. The sign must be made of appropriate materials,which are durable for a minimum of twenty-five(25)years after the Project is complete. The sign must be installed on the Project site and approved by file Department before the Department processes the final Project reimbursement request. 14. Termination and Ineligibility. In addition to the remedies provided elsewhere in this Agreement,i f file Grantee fails to comply with[tic terms stated in this Agreement or with any provisions in Rule Chapter 6213-5, F.A.C.. the Department will tcnninatc this Agreement and demand return of the program funds(including interest). Furthermore,the Department will declare the Grantee ineligible for further participation in FRDAP until the Grantee complies. Further, the Grantee agrees to ensure that all necessary perniits arc obtained prior to implementing any Grant Work Plan activity that may fall under applicable federal, state, or local laws. 15. Conversion, The Project Site acquired andlor developed with FRDAP assistance must be retained and used fir public outdoor recreation. Should the Grantee, within file periods set forth in subsections 62D-5.059(1)and(2), F.A.C., convert all or part of the Project site to other than public outdoor recreational uses,the Grantcc must replace the area, facilities, resource,or Project site at its own expense with an acceptable project of comparable scope,and quality. Attachment 6 3 of 3 Rev.$119,2021 Page 285 of 428 Agenda Item #14. J :J I I 0 H N O mot• �- C\l QI .r C C Oi+ O ce O U CIO C ��. y •p N p L y •i .J o Q " � U " u = L. p a� y o � U _ c� a •L C R. �' :L� � z L u z � N �J o r• a. C. / LU Ot U J J I :1 N c a u c Page 286 of 428 Agenda Item #14. � u � G � \ � U E ƒ ° / : � .\ � � U ,) S 3 ^ § / r \ � t ) © < F5 2 ❑❑❑� 2 � { � � � � k / a c / U U \ ^ c § \ � U 2 § 2 c \ . < d a C6 \ Page 287 0 428 Age 14. Florida Department of Environmental Protection - o EXHIBIT C PAYIVIENT REQUEST SURIVIARY FORM '�onlwl P 0 Required Signatures: Adobe Signature Date: Grantee Project Name and Number Billing Period: Billing#: DEP Division: DEP Program: Project Costs This Billing Cumulative Project Costs Contractual Services DRP-1 16 Grantee Labor DRP-i 17 Employee Benefits % of Salaries Direct Purchases: Materials & Supplies DRP-118 _ Grantee Stock DRP-120 Equipment DRP-119 Land Value Indirect Costs (l 5% of Grantee Labor) TOTAL PROJECT COSTS 1 $0.00 �$0.00 CERTIFICATION: I hereby certify that the above expenses were incurred for the work being accomplished in the attached progress reports. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit upon request. Project Financial Officer Date D RP-115(Ef alive 06-19-2015) Page t of t Page 288 of 428 Agenda Item #14. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, 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 Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT Imcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 289 of 428 Agenda Item #14. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement/bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 290 of 428