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HomeMy WebLinkAboutDocumentation_Regular_Tab 15_6/12/2025 Agenda Item #15. Regular Council STAFF MEMO x Meeting: Regular Council - Jun 12 2025 Staff Contact: Jeremy Allen, Village Manager Department: Manager ffNfflWn Consider Approval of Amended Grant Agreement Between The Village of Tequesta and the State of Florida Department of Environmental Protection for Planning Services for Tequesta Park of$340,884. Wr . - By approving, the Village of Tequesta will be agreeing to the terms of the agreement. The Village will be responsible for matching funds at a ratio of 53:47 up to $772,884 for the purposes listed. Village of Tequesta (Grantee) received funding in the amount of $340,884 from the Florida Legislature through Specific Appropriation Line Item 1830A, General Revenue Fund, Fiscal Year (FY) 2024-2025, General Appropriations Act, for the purpose of planning, design and engineering for park improvements to include a shaded playground, splash pad, covered pavilion, gazebo, nature trail, baseball fields, multi-use field, volleyball, tennis, basketball and pickle ball courts, improved lighting and ensure the park is fully ADA compliant. Authority for this Project is specified in Section 216.011, Florida Statutes (F.S.). Monitoring and auditing guidelines, as related to the Florida Single Audit Act are specified in the Florida Catalog of State Financial Assistance (CSFA). The specific CSFA number for this Project is 37.085. On March 13, the Village Council approved a similar agreement to receive $681,767 at a matching rate of 35:64. In addition, the Village Council approved an agreement with Kimley-Horn in the amount of $499,755 to provide 100% planning services for Tequesta Park as approved in the grant agreement. In May, after executing the agreement and returning to the State, the Village was notified that the agreement approved in March provided an incorrect allocation of funds by the State. The correct amounts have been provided in this agreement for consideration. The Village originally budgeted $250,000 for the matching grant. With approval, the Village will need to appropriate additional funds to cover the total cost of the project in the amount of $51,956.90. Estimated total cost: 100%Plans—This agreement was previously approved by the Council Kimley-Horn Construction Plans $499,755 Survey $22,300 Geotechnical $14,500 Environmental $33,175 $569,730 Page 316 of 426 Agenda Item #15. Village Share 53% $301,956.90 State Share 47% $267,773.10 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 250,000 AMOUNT AVAILABLE EXPENDITURE AMOUNT: $250,000 $301,956.90 FUNDING SOURCES: CIP 301-323-663.558 IS THIS A PIGGYBACK: ❑ Yes ❑x N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑x N/A COMMENTS/EXPLANATION ON SELECTIONNA ATTACHMENTS: I E L2408 Village of Teguesta 5.23.2025 Page 317 of 426 Agenda Item #15. STATE OF FLORIDA 1]FPART11FNT OF ENVIRONME1V"TAL. PROTECTIO Standard Grant Agreement 1 ht!:,agreement is entered inlu between the Parties named below,pursuant to section 215.971,Florida Statutes: _ Project Title(Project): Agree-ment Number: T qu s-ta Regional Park Improvements L 40 i_ Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee,Florlda 323+ -3000 (,Dc}arimcrit) Grantee Name: Village ofTequesta Entity Type: Local- Government Grantee Address: FEID; q_ �0441�$1 9 Seabrook Drive, Tequesta, Fl, 3346 (Grantee) 3, Agreement Begin :Gate: hate of Expiation: Upon execution June 30, 2027 4, Project Number: project Location(s): 1"51 SE Country Line Rd,Tcgmta,Ft,_1 44 ) ¢!f€fi r€nt f--Agr—ffser Nu-berg Project Description: Pbnniq.daasign and enpnucnng frsrpark impmwnwnls to improve the mmimional fucililies and ensun:the TmFk is fully ADA Compliant, 5. Total Amount of Funding.: Funding Source? Award#s or Line-item Appropriations-, Arnount per Sourc s : $340,8 4 N State ❑Federal Line ilemNo, lh3DA,FY2024-2025 $340,994 ❑ State ❑Federal $ ❑ 'Mate ❑Federal $ N Grantee Match $182,tmo To[aI Amount of Funding+Grantee Match, if any: 6_ 13cpartment's[grant Manager Grantee's[grant Manager Name: Sham,Alen Name: 0mg Carbin or successor or successor Address: 3900 Commonwealth Blvd Address; 399 Seabrook Drive Tellaheeree,FL,32399 T€pe,'Aa,FL,33469 MS0100, Phone: 850.245.2713 Phone; 561.768.0473 Email. Shauna_R_Allen@FlcndaDEP_go Email. gcorbitta.Uquestz,org 7, The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference- 9 Attucttincut l: Standard Terms and Conditions Applicablc to All Grants Agrcciatcnts 9 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements K Attachment 5: Special Audit Requirements 0 Attachment 6: Program-Specific Requircrncnts ❑ Attachment 7: Grant Award Terms(Fcdcral) wCopy avai table at ftr.:#fscte.fldk.cnm,in aecnrdancr with s+cetion 21 .4€l5,F_ . ❑ Attachment 8: Federal Regulations and Terms(Federal) ❑ Additional Attachments(if necessary): K Exhibit A. Progress Report Form ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D, Quality Assurance Requirements ❑ Exhibit E.Advance Payment Terms and Interest Earned Merno ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PURI808(State) DE11 Agreement No. L2408 Page 31 �f 426 I,. } !24 Agenda Item 1 . ❑ Exhibit It: lean-Profit Organization Compensation Form(Stag) ❑ Exhibit 1: Forced Labor Attestation Form ❑ Additional Exhibits(if necessary): S. 1 The followigZ nformation applies to Federal Grants only and is identified in accordance with 2 CFR 200,331 a 1 ; Federal Award Identification Number(s)( FA Unique Entity identifier t_IEL)_ Federal Award Gate to Department: Federal Award Project Description: Total Fcdcral Funds Obligated by this A rrccment= Federal Awarding Agency. Award R&D? ❑ Yes CIN/A IN WITNESS WHERF.0117,this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents, Village ofTequesta GRANTEE Grantee Name By (A whor fizzed S gnoiure) Date Signed i Print Alamo and Title of Pen-[an Signing; State of Florida Department of Env iroFLmental Protection DEPARTMENT By Secretary or Designee Date Signed Bryan Bradner, Acting Deputy Secretary, Land and Recreation Print Narne and Title of Person Signing ❑ Additional signatures attached on separate page. DE1'Agreement N, L240 Page 319 of.426 Agenda Item #15. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDA RI) TE RMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS GREE:MENTS ATTACHMENT I 1. Entire Agreement. This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting previsions among the documents that make tip the Agreement,the order of precedence for interpretation of the Agreement is as follows: i, Standard Grant Agreement ii, Attachments other than Attachment I, 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 receipL 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, lfa di IT rent 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 cifGrant Manager does not require a formal aniendnient or change order to the Agreement_ d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement hetwccn birth partic-x_ A formal amendment to this Agrccmcnt is required for changes which cause any of the. following: (I)an increasc or decrea..in the Agreement funding amount; (2)a change in Grantoc's match requirement~; (3)a change in the expiration date of the. Agrc:crncnt,and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachrnc:nt 3,Grant Work Plan, that exceeds or is expucted to e.xuced twcnty percent(20'1/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 funds between approved budget categories,as defined in Attachment 3,Grant Work Plant are less than twenty percent(201/e)of the total budget as last approved by Department, (1)changing the current funding source as stated in the Standard Grant Agreement; and/or (4)fund transfers between budget categories for the purposes ofineeting 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 terra of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions, The Grantee shall be eligible for reimbursement for work performed on or after the date ofexecution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. Iiowever, work performed prior to the execution of this Agreement may be reimbursable or used for snatch purposes if permitted by the Special Terms and Conditions. Attachment I I of 14 Rev_312112025 Page 320 of 426 Agenda Item #15. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that mist be completed prior to Department making payment on that deliverable_ The Grantee agrees to perform in accordance ,with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures.. The Grantee warrants that: (1)the services will be performed by qualified personnel.; (2)the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third parry;and(5) its employees, subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department,. for work done at the Project Location(s).The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within ail days of receipt,they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant Work Plan.as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory performance under the terms ofthis Agreement-The Crantee's efforts to correct the rejected deliverables will be at Crrantee's sole expense_ Failure to fulfill the applicable twhni eat requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection ofthe deliverable and the astiociated invoice. Payment for the rejected deliverable will not he issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirer-nent . The Department,at its option, may allow additional time within which Grantee inay rcincdy the objections noted by Department_The Grantee'r, failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event ofdcfault_ 7. Financial Cansequences for Nonperfor,nante.. a_ Withholding Payment_ In addition to the specific consiLqucnces explained in the(grant Work.Plan and/or Special Tenths and Conditions,the Mate of Florida(State)reserves the right to withhold payment when the Grantee has failed to performicomply with provisions of this Agreement_ None of the finaneial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties_ b, Invoice reduction if Grantee does not meet a deadline for any deliverable,the Department will reduce the invoice by 1% for each day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plan. IfGrantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may. in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60)calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. Ifthe 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 CAP as specified above may result in Department's tern]ination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department Attachment 1 2 of 14 Rev. 31:!U2025 Page 321 of 426 Agenda Item #15. does not relieve GraiiiL:., of any of its obligations under the.AgrecrncnL. In the evcnt the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance- The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8, P.,A Inent. a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Flan,and the billing procedures established by Department, Department agrees to pap 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 FICAISoc:ial Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of this Project are the responsibility of Grantee, d. Reimbursement for Costs, The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form- To be eligible for mimksursement, costs must be in complianQe with laws,rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, whicb can be accessed at the following web address: httns:lluwu.mvt7nndacft�-comldnc�st7accesuntin�-and-auditing-libraries+state- a;,�cne.i e.�,`rcfcrcnco-guide-fr�r-state-expenditures-ndf, c_ Rural Communities and Rural Areas of Opportunity, ff Grantee is a county or municipality that qualifies as a '.rural community„or"rural area of opportunity"(RAO)as defined in subsection 288-0656(2),F-S-,such Grantee may request from the. Department that all invoice payments under this Agreenx.nt be directed to the relevant county or municipality or to the. RAC!itself The.Department will agree to Grantee's request if_ i- (irantcc dernunstmtes that it is a county or municipality that qualifies as a "rural community" or '.rural area of opportunity" under subsection 288-0656(2), F-S-; ii- Granter demonstrates current financial hardship using one(1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F. -; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions;and iv. Applicable federal and state law(&), rule(s) and regulation(s)allow for such payments- This subsection may not be construed to alter or I imit 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: hnps.f+floridajobs,orp+communit)L-planning-and-developmentirttral-communit --yrogramslrural-areas-of- ot ortmb- f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed, The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan, g. State Funds Documentation. Pursuant to section 216.1366,F.S.,if Contractor meets the definition of a non-profit organization under section 215.97(2)(ni), F.S..Contractor must provide the Department with documentation that indicates the amount of state funds, Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. Attachment 1 3 of 14 Rev-312112025 Page 322 of 426 Agenda Item #15. ii_ AI[MaLed under each payment by the public agency to be used for remuneration of any member of the board of directors ur an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.95, 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. i. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www,niy floridae.fo.com.+d iv isioii,faallocal-govern rnents/judgeinent-i merest-rates. I. Refund of Payments to the Department. Any balance of unobli,gated funds that have been advanced or paid must be refunded to Department, Any farads paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department.If this Agaeernent is funded with federal funds and the Department is required to refund the federal government, the Grantee shall. refund the Department its share of those funds, 9. Documentation Required for Cost Reimbursement Grant agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Ternvs and Conditions,the fallowing conditiomi apply_ Supporting documentation must be provided to Substantiate cost reimbursement or match requirements for the following budget categories-, a_ Salary/Waaaes. Grantee shall list personnel involved, position olas;ifwation, direct salary rates,, and hours spent on the Project in wcordancc; with Attachment 3, grant Work Plan in their documentation far rcirnhursernent or match requirements. b_ Overhead4ndirect,+Gencral and Administrative Costs_ If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (Le., fringe bencCts, overhead, indirect, and/or gcne:ral and administrative rates) shall be supported by audit_ If Department determines, that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Iepartment within thirty (30)days of written notification._ Interest shall be charged on the excessive rate;. e:_ Contractual Costs (Subcontracton)_ Match or reimbursemcnt requests for payments w subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (Le., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S.,and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. For grants funded with federal funds,nonconsumable and/or nonexpendable personal property or equipment costing 10,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The 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,faxed-price subcontracts to consultants/contractors in perfoorniing the work described in Attachment 3, Grant Work Clan. Invoices submitted to Department for fixed- Attachment I 4 of 14 Rev.312112025 Page 323 of 426 Agenda Item #15. price subcontracted activities shall bc. supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process(c_g.,Invitation to Bid,Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract.The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above.In this instance,Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee_ The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract. ii, if the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. c. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing S5,000 or more. For grants funded fully with federal funds,equipment is defined as capital outlay casting S 10,000 or more.Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lea,se nLEapipment, Match or reimbursement requests for rentalilease of equipment must include copies of invoices 4?r rcceipIt,to document charges, g. Miscellaneous,'Other l exaenses. 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 tenns 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; attorneys fees or court costs; civil or administrative!penalties;or handling tires, such as set percent averages associated with purchasing supplies or equipment.. h, Land Arouisition. Reimbursement fbr the costs associated with acquiring interest and/or rights to real property (including access rights through inks. egress cascmcnts, Isaacs, licensc agreements, or other site access agreements, and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title insurance, Closing StaternentsJDocurnents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights_ if land acquisition costs are used to meet match requirements,Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds_ Ilk. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress. Report Form,to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. (quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31.The Department will review the required reports submitted by Grantee within thirty (30)days. 11. Retalnage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2,Special Terms.and Conditions. Retainaige may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b, if Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner,+Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perfoem Attachment 1 5 of 14 Rev,312112025 Page 324 of 426 Agenda Item #15. that shall reswIt in retainage forfeiture. If the Grantee does not correct the failure: to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department_ c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a_ Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors, if any,to maintain insurance coverage of such types and with such terms and lirrtits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any,to crake compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees an&or subcontractors roust provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing:such insurance. c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior m performance of any work under this Agreement. Upon receipt of written.request from Department,Grantee shall furnish Department with proof of applicable insurance coverage by standard forth certificates of insurance,a self- insured authorization,or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that.any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage,Grantee shall immediately notify Depam„ent of such cancellation and shall obtain adequate replacement coverage confcarmingto the requiremmtti hc iv in and provide proof of such replacement coverage within ten(10)days after the cancellation of coverage.. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmcntal Prctcction,its employees,and t)tficGrs as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a_ Termination for CnnvLmicnce. When it is in the State's best interest, Department may, at its s[sle discretion, terminate the Agrceinent in whole or in part by giving 30 days' written notice to Orantt _ The Dcpartarnent shall notify Gnaintee of the termination for convenience with instructions as to the efTective date of termination or the specific stage ofwork at which the Agreement is to be terminated_ The Grantee rnurt submit all invoiccs for work to be paid under this Agreement within thirty(30)days,of the effective date of termination_ The Department shall no pay any invoices received after thirty(30)clays of the effective date of termination_ b_ Termination for C:ausc.The Department may terminate;this Agreement ifany of the cvcni<s ofde.fauIt 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 wad not in default, or that the default was excusable, the rights and obligations of the parties shal I be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in. addition to any rather rights and remedies provided by law or under this Agreement_ c. Grantee Obligations upon Notice of'ferrnination_ ,defter receipt of a notice of termination or partial termination unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration,cancellation, or termination of the Agreement,Grantee shall continue to provide Department with those services for which it has already been paid or,at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration,or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition of Agreement services to the subsequent providers). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant Attachment 1 6 of 14 Rev.312112025 Page 325 of 426 Agenda Item #15. Work Plan. The.Grantees shall not perform any services after Agreement expiration or termination,except as i7,!ces ary to complete the transition or continued portion of the Agreement,irony. 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 care that is reasonable under the circumstances.This notice shal I state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non- exclusive list of events,acts, or omissions,shall constitute events of default- a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable,discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such,made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete,or insufficient information; d, Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate.of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g, Employment of an unauthorised alien in the performance of the work, in violation of Section 274 (A) of the immigration and Nationality Act; h, Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations under the Agrecmcnt: i_ Entry of an order for relict under Title l l of the united :States Code; ii. The making by Granteec of a general awsignrncnt for the benefit of crrditorF.; iii. Thq appointment cif a gcncral rcccivrzr or trustee in bankruptcy of(irantec's business or property; anti.car iv_ An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation_ Ira, Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement,at any time,when it is in the best interest of the State to deg Sea_ The Depanme:nt shall provide.Grantee written notice outlining the.particulars of suspension_ Examples of reauans fir suspension include.,but are not limited to, budgetary constraint:,declaration of emergency,or other such circumstances. Auer receiving a suspension notice,Grantee shall comply with the notice. W ithin 90 days,or.any longer period agreed to by the parties, Department sha 11 either: (I) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement, 1f the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty (30)days'notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation_ 17. Farce Majeure. The Grantee shall not be responsible for delay resulting,from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of fiend,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In cane of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either(1)within ten days aver the cause that creates or will create the delay first Attachment 1 7 of 14 Rev.312112025 Page 326 of 426 Agenda Item #15. arilsc, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably furesevable, within five days after the date Grantee first had reason to belicvr: that a delay could result_ THE FOREGOING SHALL CONSTITUTE THE GRANTEVS SOLE REMEDY OR EXC'USF. WITH RESPECT TO DELAY- Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,other than for an extension of time, shall be asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any Find from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever_ If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines, in its sole discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department may: (1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity; or(3)terminate Agreement in whole or in part. 19. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits. actions, damages,and costs of every name and description arising from or relating to: i, personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii, the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The [grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee:(I)written notice of any a"ion or tbreatened 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 consents which shall not be unreasonably withheld. c. Notwithstanding wctions a_ and la, above, the fallowing is the sole indemnification provision that applies to Grantees that are governmental entities; Each party hereto agrees that it %hall be solely responsible for the negligent or wrongful acts of its employees and agenk. However, nothing contained herein shall constitute a waiver by either party of its-sovereign immunity or the previsions of section 769,28,F,S, Furthers 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 provi lion in this.Agreement shall rcqu ire Departrncn t to hold harmless or indemn ify Grantee,insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the.. laws of Florida, or otherwise impose liability on Department for which it would not otherwise he re:;punsiblc. Any provision, implication or suggestion to the contrary is null and void_ 19. Limitation of Liability. The Department's liabi l ity for any c laim arising from this Agreement is l imited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of 5100,000. 20. Remedies, Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages,penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. Attachment l 8 of 14 Rev_3i:!U2025 Page 327 of 426 Agenda Item #15. 22. Statutori Notice& Rt:hiLing to Unauthorized Lin ployinent and :Subcontracts. a_ The Department shall consider the employment by any Grantee uJ'unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. if Granteelsubconractor knowingly employs unauthorized aliens,such violation shall because 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 2 7_137 F.S., the following restrictions apply to persons placer{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 public building or public work; may not subrnit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any 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. Discriminators 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 publiv entity; may not submit a bid, proposal,or reply on any contract with a public entity for the construction or repair of public building or public work;may not submit a bid,proposal,or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not trans-act new business with a public entity, iv_ Notification_ The. Grantec shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list,the di scri in inatery vendor list,or antitrust violator vendor list during the life of the Agreement. The Florida Deparmwnt 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 Development, at(850)497-0915. 23. Compliance with Federal,State and Local Laws. a. The Grantee and all its agents shall comply with all federal,state and local regulations, including,but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. The Grantee,its subgrantees,subcontractors and agents must also comply with the following civil rights laws and regulations, i. Title V1 of the Civil Rights Act of 1964 as amended(prohibiting discrimination in federally assisted programs on the basis of race,color,or national origin in the delivery oC services or benefits); ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Contrtt l Act (prohibiting discrimination on the basis of sex in the delivery of services or benefits under the Federal Water Pollution Control Act as amended); iii. Section 504 of the Rehabilitation Act of 1973(prohibiting discrimination in federally assisted programs on the basis of disability,both in employment and in the delivery of services and benefits); iv, Age Discrimiination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis of age in the delivery of services or benefits)- Attachment I 9 of 14 Rev_N2112025 Page 328 of 426 Agenda Item #15. �. 40 t=.F.R_ Pun 7, (unplcrncnting Title: V1 of the Civil bights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of 1973); vi. United States Executive order(ECG) 13166(federal agencies required to ensure that recipients of federal financial assistance take reasonable steps to provide meaningful access to their programs and activities by Limited English Proficiency(LE?)persons). vii. Florida Civil Rights Act of 1992(Title XLIV Chapter 760,Sections 760.01,760.11 and 509,092,F,S,), including Fart 1, chapter 760, F.S. (prohibiting discrimination on the basis of race,color, religion, sex, prvegnancy,national origin,age,handicap,or mail ral status). c_ This Agreement sN311 be governed by and construed in accordance with the laves of the State of Florida, d_ Any dispute concerning perforirrance of the ,Agreement shalt be processed as described herein, Jurisdiction for any damages arming under the terns of the !Agreement will he in the courts of the State,and venue will be in the Second Judicial Circuit, in and for Leon. County_ F.xccl)t a.-� otherwiw provided by law, the parties agree to be rLsponsible for their fawn attorney fees incurred in connection with disputes. arising under the terms of this Agreement. 24. Build America, Buy America Act(BABA)-InfraAructure Projects with Federal Funding. This provision does nest 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 means all manufacturing processes, from the initial-melting stage through the application of coatings, uocurrrn�d in the United States; b. All manufactured products used in the prgiect are produced in the United States-this means the manufactured product was manufactured in the United States; and the coast of the components of the manufactured product that are mined,produced,or manufactured in the United Mates is greater than 55 percent of the total cost of all eumperncnts of the manufactured product, unless another standard for determining the rninimurn amount of domestic content.of the manufactured product has been established under applicable law or regulation;and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials,and supplies that are consumed in, incorporated into,or affixed to an infrastructure project_As such, it does not apply to tools, equipment,and supplies, such as temporary scaffolding, bn)ught ter 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 ofan award for construction projects in whole or in part by the 'Bi part isan Infrastructure Lau-or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem:The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a"project funded by President Biden's Bipartisan Infrastructure Law"or"project funded by President Biden's Inflation Reduction Act"as applicable.The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: hops:ffwww.epa.govfinvestfinvesting-americ.3-si gn age. b. Procuring Signs; Consistent with section 6002 of RCRA,42 U.S.C. 6962,and 2 CFR 200,323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage Attachment I 10 of 14 Rev. 312U2025 Page 329 of 426 Agenda Item #15. costs are considered an allowable coca under this assistance agreement provided that the costs associated with signage are reasonable- Additionally,to increase public awareness of prgjoat 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-L.nglish language(s)_ The coasts 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 297.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with .Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S,, if federal law ceases to authorize these contracting prohibitions,then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347,F.S,,except that pursuant to the requirements of section 287.058(6),F,S., during the term of any executed agreement between Grantee and the State, Gmatee Tnay lobby the executive or legislative branch concerning the scope of services,performance, tern,,, or compensation regarding that agreement.The Grantee shall comply uvith sections 11,062 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 Stxtw,or their authorized representative shall have acc Q"to such records for audit purpows[luring 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 purposos-, Upon request of Department's Inspector General, or other authorized State official, Orantee shall provide any type of information the Inspector[general deems relevant to Grantee's integrity nr responsibility_ Such information may include,but shall not be limited to,+Grantee's business or financial records,documents,or tiles of any type or form that refer to or relate.to AgrcernLnt. The.Crantee shall retain such rccordc for the longer of (1) three years after the expiration of the Agreement;or(2)the period rcqu ired by the General Records Schedules maintained by the Merida Department of State (available at: http:?,°'dos_myflorida.corn Iibi-ary-arch ivcsfrcccirds-management'Kcncra]-rccurds-schedule ). 24. Audits. a. lnspectt_ar 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 ind°or subcontractors issued under this Agreement, if any, impose this requirement, in writing,on its sub-gramees anal?ur subcontractors,respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement,with reasonable notice and during normal business hours, including by any of the fallowing methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, Attachment I 11 of 14 Rev.312 11202 5 Page 330 of 426 Agenda Item #15. iii- Granite shall allow and facilitate sampling and monitoring of any substances, soils, rnatcrials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirement& The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1,to Attachment 5, If Department fails to provide an updated copy of Exhibit I to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager- The Grantee shall consider the type of financial assistance(federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance,Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the form entitled 'Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: httVs:\aPVs.fldfs.coi.n1fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative cost, 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 comra ingled with funds from Other agencies. Funds froin each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds .specifically budgeted and/or received for one project may not be used to support another project, Where a Grantee's, or subrecipient's, accounting aysttm cannot comply with this requirement, Grantee, or sUbreciipient, shall establish a system to provide adequate fund accoiuntabiility for each project it has been awarded- i, If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part,(If the fiends provided to Grantee under this.Agreement f'or non-complianoc with the material tenns of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall l'orthwith pay to Department, the amount of money demanded by DL!parLTncrkt- Intermt on any refund shall be calculated based on the prevailing rate uwd by the State Board of Administration. Interest shall bu calculated from the date(s) the original payment(s) arc received from Department by Grantee to the date repayment is made by Grantee to DLTartrncnt- iii- In the event that the ( ranlec recovcn- rusts, incurred under this Agreement and reirribursLd by Department from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is Triade.to Department. iii- Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and Is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terins.and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may,for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause.includes,but is not limited to,technical ortraining qualifications,quality of work,change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 12 of 14 Rev.3i2U2025 Page 331 of 426 Agenda Item #15. t_ 'ncc Department may, for cause,deny access to Department's secure information or any tdcility by any Grantt_v employee, subcontractor,or agent° d. The Department's actions under paragraphs b. or c. shall not relieve grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shal l be responsible for the payment of al I 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_ "rhe Lkpartment will not deny grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety or security considerations. t'. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Development at(850)487-0915. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 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 ofA revnent. In the event Grantee is sold during the period the agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination,cancellation, or expiration of this Agreement, 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants,and employees,nor shall Grantee disclaim its own negligence to department or any third party. This Agreement does not and is not intendedd to confer any rights or remedies upon any person ether than the parties. If Department consents to a subcontract,Grantee wi11 apecifically 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 effeia_ 37. Grantee's Employees, Subcontractons and Agents. All Grantee employee%, subcontractors, or agents performing work under the Agreement shall be properly trained technician,., who meet or exceed any specified training qualifieatiom;_ Upon request, C7rantee shall furnish a copy of technical certification or other proof ofqualification-All employees,subcontractors,or ageaL%performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulation~ relevant to the services they are providing under the Agreement_ 38. Assignment. The Grantee .shall not Mell, assign, or transfer any of its right,;, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly w aives such secondary liability_The Department may assign the Agreement with prior written notice to Grantee of its intent to do . 39. Compensation Report. Ifthis Agreement is a sole-source,public-private agreement or ifthe Grantee, through this agreement with the State, annually receive 500#a 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 leadership teams.Total compensation shall include salary,bonuses, cashed-in leave, cash equivalents, severance pay,retirement benefits,deferred compensation,real-property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. Attachment 1 13 of 14 Rev.312112025 Page 332 of 426 Agenda Item #15. 40. Disclosure cif[rifts from Foreign Sources. if the value of the s4�ruut under this Agrement is$1 00,OW or more,Grantee..shall disclose to Department any current or prior interest of, any contract with,or any grant or gift received from a foreign country of concern, as defined in section 286,101,F.S., if such interest,contract,or grant or gift has a value of$50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity,the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest,the date of receipt of the grant or gift,and the name of the agent or controlled entity that is the source or interest holder. if the disclosure requirement is applicable as described above, then within 1 year before applying for any grant,Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extent authorized by federal law, the Department, its grantees,contractors and subcontractors shall give preference to food commodities,grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14,F.S.,of any class, variety,or use thereof in their natural state or as processed by a faun operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787-06,F-S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a"public works projectf'as defined in.section 255.0993, F.S.,or the purchase of materials to be used in as public works project,any iron or steel permanently incorporated in the Project roust be "produced in the United States`"as defined in section 255.0993,F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project; (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available,or of satisfactory quality; (2)the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent(20%);or (3)complying with this requirement is inconsistent with the public interest. Further,this requirement does net prevent the Contractor's minimal use of foreign steel and iron materials if- such materials are incidental or ancillary to the primary product and are not separately identified in the project eeificatiorns, and (2)the"cost"of such materials,as defuied in section 255.0993,F-S„does not exceed one-tenth of one percent(M) of the total Project Cost under this Agreement or$2,500,whichever is greater. Electrical components,equipmcnt, systems, and appurtenances, including supports, covers, shielding, and other alrl1urte7.iancos related to an electrical system that are necessary for operation or cvncealm.o nt(excepting transmission and distribution poles)are not considered to be iron or steel products and are,therefore,exempt from the rL!gLLireinents ofthis paragraph. This provision shall be applied in a rnanncrconsistent with and may not toe construed to impair the state's obligations under any intcmaticonal al rc:cincnt- 44. Complete and Accurate information. Grantee rcprescnts and warrants that all statcrnents and information provided to DEP arc current,complete,and accurate.- This includes all staternents and information in this Grant,as well as its Attachments and Exhibits- 45. Execution in Counterparts and authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, inay be executed in counterparts, each of which shall b-, an original and all of which shall constitute the same instrunotnt. In accordance with the Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same force and effect as a written signature.- Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement- Attachment 1 14 of 14 Rerv-312112025 Page 333 of 426 Agenda Item #15. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. L2408 TTACHMENT 2 These Special'Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions,Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Tequesta Regional Park Improvements The Project is defined in more detail in Attachment 3,Grant Work Plan. 2. Duration. a. Reimbursement Period, The reimbursement period for this Agreement begins the first day of the fiscal year in which the agreement was entered in to,through the date of expiration. b. Extensions.There are extensions available for this Project, c. Service Periods.Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement.The Grantee shall be compensated under this Agreement as described in.Attachment 3. b. Invoicing, invoicing will occur as indicated in,Attachment 3. c. Advance Pap.Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimhursement or Matching Requirements. Reimbursement fi)r costs or availability ftrr costs to meet matching requirements shall be limited to the following budget categories,as defined in the Reference Guide for Statue Expenditures,as- indicated: Reimbur;.-mLnt PIgih Catceo 0 [] Salarie&/Wages Overhead/IndirectlGeneral and Administrative Costs: ❑ ❑ a, Fringe Benefits,N/A. ❑ ❑ h_ indirect Costs,N/A_ Z 0 Contractual(Subcontractors) ❑ ❑ Travel,in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental+Lease of Equipment ❑ ❑ Miscellaneous;'Other Expenses I] 6] Land Acquisition S. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. +6. Land Acquisition.. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 53%match on the part of the Grantee. Therefore,the Grantee is responsible for providing S3 2,000 through cash or third party in-kind towards the project funded under this Agreement. Attachment 2 1 of 3 Rev.7109:24 Page 334 of 426 Agenda Item #15. Il. Insurance Ru(ji irements Required C:overag. AL d1l times rdLffil r Zhu Agreement the Clrantev,at its sole expense,shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are- a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees,and officers shall be named as an additional insured on any general liability policies. The minimum Iimits sha11 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 Iiarbility,bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department,its employees,and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows; $200,0001300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c. Workers' Compensation and Employer's,Liability C overawe. The Grantee shall provide workers' compensation, in accordance with Chapter 440,F,S, and employer liability coverage with minimum limits of$100,000 per accident, $100,000 per person,and $500,000 policy aggregate. Such policies shall coverall employees engaged in any work under the Grant. d_ Other Insurance_ None_ 9. Quality Assurance Requirements. There are.no special Quality Assurance "uirements under this Agreement. 10. Retalnage. No retain.age is required under this Agreement. 11. Subeontraicting. The Grantee may subcontract work under this Agreement without the prior written consent of the Departrnent.'s Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The grantee steal I submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. Stat"wned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy 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—firmfpersondcorporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 2of3 Rev.7109:24 Page 335 of 426 Agenda Item #15. b_ Applicable to sol ic itations fora cornmon carrier— Before contract execution, the winning Contractor(s) must fill out and return PUA 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 Mates according to the terms of the federal immigration and]Nationality Act, 8 U.S.C. ss. 1101 et seq. The Lk-partment will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Pavia nt or Invoices to Rural Communities or Rural Areas of Opportunity This agreement flocs not provide federal or state financial assistance to a county or rnunicipatity that is a rural community or rural area of opportunity as theme:terms are:dctimd in s_88.0656(2)_ 16. Additional Terms. None_ Anv terms added here must be approved b-v the G ice of General Counsel. Attachment it 3 of 3 Rev.7109124 Page 336 of 426 Agenda Item #15. 4;,D >, G 5 CL _ JCA s►. O � v CW LL 4] C ti e3 Q :]72 �l f l% ON ;M Zfj F�4 Si V, CT b 0 �J r CL O 0 It W rir 5 9CIJ3 a v o 0- Ed W rL !], -4 ' R3-7 Liz C C C Vn ri yq 9q ". Rf Q cr vi ' OTC c o a ojl Q-g 2 °0 `�' ao 0 ova c v min , a.12 c ri'" tl G ` ILs� L .1 `el o cr C a � w p ° C .�• .` C Rti i`}, 4l �r +ds ' C C C! L' M IDe+t G 7 4 R' 0 ax U kwi } CL cm 2=1 PC cry w a, k age 33 of 426 Agenda Item #15. F � C 4 w Fi oho roC7 �20 ` rJ i ` L M V G 10 = o 00 ' V o ac G .t* cu _ c c G o � r Cu 0 0 IUD Ow di t *' a ' u, p c C u c c A iLL, � j c qj ` ax d} aka 41 c .� d' c G �' 22 r= s E- a .� 0, A t� ri �+ to vs p� ° V: < r 4. D C ra 3 t7 w �. a '> LnZZ c � ceps F ai A — W } ,= Ec# CL ve O + c '3 y 6 C . ^ N ry E c E E ++ N C ? .� C7 L '7! }' O la ml la 04 ? qt o— 6. L a, s, f A C o r o r c 4o Es OnG � � r Q w 0% } 'Z U. u ; O ECl. CL Page 338 of 426 Agenda Item #15. STATE OF FLORIDA DEPARTMENT OF ENVIR0 ILLNTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a_ If the Agreement exceeds $35,000.00,and if€irantee 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 farm, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution and section 1 19,07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law, 2. Additional Public Records Duties of Section 119.0701, F.S.,If Applicable. For the purposes of this paragraph, the term `contract"means the "Agrreement." If Grantee is a"contractor" as defined in section 119.0701(])(a), F.S_, the following provisions apply and the contractor shall: a. Kcep and maintain Public Records required.by Department to perform the service. b. Upon request, provide Dc�partrnent with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a coast that does not exceed the cost provided in.Chapter 119, F.S.,or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119,10, F.S, d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements 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 inaintain Pubic 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 txempt 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 fronn Department's custodian of Public Records, in a format specified by Department as compatible with the information tc chnology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE AFPLICA,rI IN OF CHAPTER 119, F.S., TO THE CONTRACTOWS DUTY TO PROVIDE PUBLIC [RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAL] OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.service Afloridade-2 Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 900 Commonwealth Boulevard, NIS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev.VS O24 Page 339 of 426 Agenda Item #15. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which mac v be referred to as the "Department" "DEP" 7DEP"or"Gra ntor", or other name in the ug.reemew)to the rec ip ient(which maybe referrwd to as the "Recoient", "Grantee"or other name in the ug.ree em)may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements,and Section 215.97, F.S., as revised (see "AUDITS"below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection.. In the event the Department of Environmental Protection determines that a Iirnited 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: FEDERALIN FUNDED This part is applicaWe 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 cxpcnds S1,000,000 or more in FcdLral awards in its fiscal year, rnuxt bavc a single or program-,peciric audit conducted in ac oordancu with the provisions oft C.FR Part 200, Subpart F_ EXHIBIT l to this Attachrncnt indicator 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 fcdcral resourec:� reccivud frurn the Dcpartmunt of E.nvironmcntal Protection_ The determination of amounts of federal awards expended should be in accordance with the. guidelines established in 2 CFR 200-502.-501. An audit of the recipient conducted by the Auditor General in accordance with the provisions oft CFR Part 200.514 will meet the requirements ofthis hart. 2_ For the audit requirements addressLd in Part I,paragraph I,the recipient shall fulfill the requirements relative to auditec responsibilities.as provided in 2 CFR 200.508-512_ 1 A recipient that expends less than S1,000,0W in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions oft CFR art 200, Subpart F-Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions oft CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from non-federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(C'FDk)via the internet at https:llsam.gov/contentlassistance-listing. Attachment 5 1 of 7 BGS-DEP 55-215 revised 1 I+19"1 Page 340 of 426 Agenda Item #15. PART Ik STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. L In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal gears ending ,June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Mule Chapter 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. EXHIBIT I to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Dart li,paragraph 1;the recipient shall ensure that the audit complies with the requirernents of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending June 30. 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than S750,000 in state financial assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section 215,97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cast of such art audit must be paid from the recipient's resources obtained from other than State entities), 4. For information regarding the Florida Catalog of State Financial Assistance(C FA),a recipient should access that Florida Single Audit Act wacbsite located at httos:lra®os.fldfs.coin/fsaa for assistance, In addition to the above websitcs, they following wcbsites may be aceesscd for information, Legislature's Website at httpWwwwlcg.state-fl_u;sfWelcomelindex_efm, State of Florida's website at http:llwww_myflor-ida.coml, Department of Financial Services' Website at http_/ivww_fldfs_com,+and the Auditor General's WebMte at htiVa.ilwww_rnyflorida.comlaudgtnl. PART lik OTHER AUDIT REQUIREMENTS (NOT"': This port would be used to specify any additional audit requirements imposed by the State awarding calihy that are solely a matter of that State al4urrding entity's polic•v fi.e.. the audit is not required by Federal deral or.Start:dews and is not in conflict+villa other Pecderal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes, Slate:agencies may conduct or arrangefor audits of State fiinaracial assistanec that are in addition to audits conducted in ac otziance with Section 215.97. Florida Statutes. In srach an event, the.Stale awarxding agency gust arrange for f ending thefull ca.sf of such additional audits.) PART Irv: REPORT SUBMISSION L Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, 'Subpart F-Audit Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 7 BGS-DEP 55-215 revised 1 F19"1 Page 341 of 426 Agenda Item #15. Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersotrville,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 lfttp,,'Iiarvester.census.ggy facweb.' 2. Copies of financial reporting packages required by PART 11 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,INS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically, FTIEPSina~]eAudit(Odey,state.fl.as B_ The Auditor General's Office at the following address; Auditor General Local Government AudiW342 Claude Pepper Building,Room 401 111 West hla dawn Stott Tallahassec,Florida 32399-1450 The Auditor General',,web:itc (http:l.+flauditor.govl)provideL.,instructions for filing an electronic: copy of financial reporting package- 3. Copies of reports or management letters required by FART 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 General,M S 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudij@dep.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 200312, section 215.97, F.S., and Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,as aappiicabie. Attachment 5 3 of 7 BGS-DER 55-215 revised 1 F19"1 Page 342 of 426 Agenda Item #15. - ]tteip tints, when submitting financial reportingpaekages to the Dcarlment of Environmental Protection for UidiLs done in accordance with 2 CFR 200, Subpart F-Audit requirements, or Chapt,cn 10-550 (local governmental entities)and 10.554 (non and for-profit organizations), Mules of the Auditor General, should indicate the date and time the reporting package was delivered to the recipient and any correspondence accompanying the reporting package. 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. Attachrnent 5 4 cif'7 BGS-DEP 55-215 -L:%isod I U19"1 Page 343 of 426 Agenda Item #15. En 0 C. < o 44 tl 117 'Ell kn v rn C, z t4 LO w rT ta C z zz cr cr LU 02 2 < u qp Li LTJ � .0 rL gal t3 -va uS Lu Lu Lu E Un ro v VW `5 z � Page 344 of 426 Agenda Item #15. JR En C t 121 t tw oa M 0 o c u 9 ti C LL G k ' t 4 ci Vic {e ti fi ads ° Q N -Q LL LT. _. to ,4q +• .:3 +. : .:: ts c obi .4 tA Ile Mt Lz LL � + ^G a, ra C Y y U7 qy W US ripp �p�#-. Page 345 of 426 Agenda Item #15. �Ick7 \ \ — $ 2 e § 2 ' © � ± � � ( f 2 = 2 � F � & § \ my / $ § \ — § * / \ 2 - cr w ed $ k\ k G o ca.� \ / ƒ � ee7 § / / .§ \ \ \ � G \ E� Q22 / .- a § 3 2 % / ® § o ® E ¥ 2 � § g \ / 72 \i ■ � ID � �� ■ I 2ƒ Page 346 0 426 Agenda Item #15. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS LOCAL PARKS—LEGISLATIVE LINE ITEM PROJECT ATTACHMENT 6 1. Project SubmittaI Forms- Administrative Forays, Reimbursement Forays, and Guidelines referenced in this Agreement may be found at bttps:rffloridadeip.Mv'la.nds+land-and-recreation-grant&?cotitent/frdap-assistanee, 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: i_ Corrment=nent certification, and ii. Budget Cast Analysis Form. The Grantee may use the FRDAP Commencement Documentation Checklist,DRP-107to help meet these requirements and may use the Commencement Certification,DRP-108 to satisfy requirement 2J. In addition to the Items i. through iii,above, the Grantee shall submit a copy of any executed subcontracts to the Departinont_ Upon satisfactory approval by the Dapanrnent, the Department will issue%vritten"Notice to Commence to the CTr.lntec W commence the Project_ The Grantee SH,i►l.L NOT proceed until the Department if;sues the "Notice to Commence.- The Grantee shall commence Task Performance within " days after the "Notice to Commence," is issued by the Department unle;;s extended by the Department for goad cause_ Until the Department issues the "Notice to Commence," the Department is not obligated to pay or reimburse (irantee for fees,costs,or general expenses of any kind that were incurred prier to the"Notice to Commence-" 3, Project Completion. Al I work under this Agreement must he 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 funds will revert to the revenue fund from which they were appropriated. 4, Project Completion Cert ficafiom To certify completion, the Grantee will submit to the Department a Project Completion Certification. The Grantee may use the FRDAP Project Completion Certification,DRP-112,available online and incorporated herein by reference to satisfy this requirement. 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.The final payment of the retained amount will be processed within thirty(30)days of the Project designated complete by the Department. 5. The following is added to paragraph 8,Attachment 1,Standard Terms and Conditions; k, Proiect Costs, The Departmwnt will reimburse Project costs as provided herein, Project Costs shall be incurred. between the effective date of the Agreement, and the Project Completion Date as set forth in the Project Completion Certification doermined and identified herein.If the total cost of the Project exceeds the grant amount and the required match (it'ap 7licable),Grantee must pay the excess cost. ha The fol louAng replaces paragraph 10, Attachment 1,Standard Terms and nditions: Status Reports. a. The Grantee must utilize the Legislative Line Item Status Report, available online and incorporated herein 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 than April 20,July 20, October 20 and January 20_The Departrnerifs Grant Manager has thirty (30) calendar clays to review the required reports and deliverables Attachment 6 1 of2 Rev.09f 11�2023 Page 347 of 426 Agenda Item #15. submitted by the Grantee_ 7. Procurement Requirements for Grantee. The Grantee must secure all goods and services For the Project according to its adopted procurement pmeedures. S. Termination and Ineligibility. In addition to the remedies provided elsewhere in this agreement, if the Grantee fails tocomply with the terms stated in this Agreement., the Department will terminate this Agreement and demand return of the legislative line item Funding (including interest), Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implementing any Grant Work Plan activity that may fall under applicable federal,state, or local laves. Attachment 6 of 2 Rev.09f 11�2023 Page 348 of 426 Agenda Item #15. r=. 0 EA Q Ln 0 ajkn r q 41 � .� el MCZ '+ cr. cr 2 cu CD cr F '2 06. Page 349 of 426 Agenda Item #15. CL c� 1 Cq o >, 0 � a L lu s o on _ 4 0. w ❑ ❑ a ❑ ❑ F � LO Ow W W � � a z o Page 350 of 426 �i.a`Rixt Age 15. Florida Department of Environmental Protection 4 e EXHIBIT C a t� FAYME 'I' REQUEST IJEST SUMMARY FORM "4 Y; ydta (Required Signatures: Adobe Signature Date: V i l lage of Teguesta L240 Grantee Project Name Lind N Limber Billing Period: Billing ##: DEP Division; State Lands DEP Program:Land and Recreation Grants Project Costs This Billing Cumulative Project Costs Contractual Services DPP-116 Grantee Labor DRP-117 Employee Benefits { % of Salaries Direct Purchases: Materials & Supplies D RP-11 Grantee Stock DIMP-120 Equipment D PP-119 Land 'Value Indirect Costs (15% of6rantee Labor) TOTAL PROJECT COSTS TS $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 C'ERTl FICATICIN. I hereby certify that the docuinentation has been maintained as required to support the projeet expenses as reported above and is available for audit upon request. Project Financial Officer Date DRP-1 I5(Effective 06-19-2015) Page I of 1 Page 351 of 426