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HomeMy WebLinkAboutAgreement_General_6/12/2025_FDEP/Tequesta Park STATE OF FLORIDA DEPAit'rMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement t la .� reetnznt is entered into between the Parties named below,pursuant to see:tion 215.971.Florida Statutes: i_ Pru��it Title:(Prof 7: Agreement Number: Tequesta Regional Park Improvements L2408 P:trti�a State of Ftorlda Department of Environmental Protectlon, 39M Commonwealth Boulevard (Department) Tallahassee,Florida 32399-3000 Grantee Name: Village of Tequesta Entity Type: Local-Government G rlattee Address: EE1D: $9{0444$l 399 Seabrook Drive,Tequesta,Fl, 33469 (Grantee) 3. \_Treement Begin Date: Date of Expiration: _ Upon execution June 30,2027 4. Prnjcct Number: Project Location(s): 19851 SE Country Line Rd,Toquesta,FI,33469 r 1+.1 r;!�rent from.agrre�aerrf,t'vnt6erl -- Project Description: Planning.design and mprmml;for park imp wmonts to hnpm%v the rommional(w ilitiea and onswv the pelt is fully ADA Compliant. 5. Total Amount of Funding: Funding Source? Award#s or Line-Ttem Appropriations: Amount per Sourcc(s): $340,884 8 State OFederal Line item No,1930A,FY 2024-_20+� , $340.994 ❑ State D Federal $ ❑ State OFe dera) _ $ l3 Grantee Match j $3H-', ► Total Amount of Funding+Grantee Match,if any: $ 6_ Department's Grant Manager Grantee's Grant Manager Name: Sharma Atka! Name: Greg Corbin or successor or successor :1tldress: 3900 Cbmnwnnroahb Blvd Address: 399 Seabrook Drive TalWome,FL,32399 Tequesta,FL,33469 M0100, Phone: 950145.2713 Phone: 561.768.0473 E-mail: ShaunaJtAllenCaFloridaDEP.gov Email: gcorbittguquesta.org 77. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference; 9 :\itachmcnt 1:Standard Terns and Conditions Applicable to All Grants Agreements :1 Attachment 2:Special Terms and Conditions :attachment 3:Grant Work Plan :Xttachment 4:Public Records Requirements J Attachment 5:Special Audit Requirements J: iuchment 6:Program-Specific Requirements Attachmcnt 7:Grant Award Terms(Federal)•C npv avaitahle at h:tps:. s',cr:.tl.t::,.:, in accordance with action 215.985,F_S, Vtachment 8:Federal Regulations and Terms(Federal) \ddilional Attachments(if necessary): J L.xhibit A: Progress Report Form 7 Exhibit B: Property Reporting Form Exhibit C: Pavmcnt Request Summary Form 7 Exhibit D:Quality zssurance Requirements _! Exhibit E: Advance Payment Terms and lnrerest Earned Memo J L.0ibit F:Common Carrier or Contracted Carrier.attestation Form PUR1808(Stare) DL•P A_t'citilent Nk.]. L2408 Rev 6 2ti:2.1 .--! bhibit H:Non-Profit Conipellsiluk"n F171,111 f"Nuu) L-1 L.,,hibiL 1:Forced Labor Att,,;,!.auon I orm CJ Addikunal Exhibits(if ncc.,ssary is The following informatioti applies w l-,-dei-al Gi-ants Lin1v and k identillwd in 2 C'FR 200.331 i.a) Federal Award Identification Ntimhcrti)fF UN): Unique Entity Identifier(U El): Federal Award Date j2_RSpai.um)t: Federal Award Project DescripLion: _f,1-1 a I Federal Funds 0 b I i—gj t—Cd b this re-C—n,�I I t- Fedcral Awarding Agency: Award R&D? IN'WITNESS VVHEREOF,this Agreement shall he effective on the date indicated by the.-k-reement Be-in Date unless another date is specified in the grant documents. Village of Tequesta GRANTEE Grantee Name B,v (p-I to-.2f- (A ufhofizedslgrkLl Dare SiLmed fy\C)ffi4 gL-X)AS, Print Nam VanJTitle of eerson Siuning State of Florida Department of Environmental Protection DEPARTMENT Secretary or Designee Date Signed Bryan Bradner, Acting Deputy Secretary, Land and Recreation Print Name and Title of Peuon Si,-,ninz F-I AddiEi-onal signatures attached kin separate page, D L 1'.X L.,ru,!Lnont No. L2408 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERICIS XND CONDITION'S APPLICABLE TO G&MNTAGREENIEN'rS ATTACHMENT I 1. EndreAgreement. This GrmtAgreernent,including an),Attachments and Exhibits referred to herein andior attached hereto(Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes 111.1 prior agreements, whether w-ritten or oral, with respect to such subject matter. Any lemis and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration, a. Order of Precedence. If there are conflicting provisions anionge the documents that make up the Agreement,the order of precedence for interpretation of the Agreement is as follows. i. Standard Grant Agreement order as designated in the Standard Grint ii. Attachments other than Attachment 1,in numerical c A-greernent 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, includin-g-all notices.. ;;hall be obtained by Gr sent to the parties' Grant Nianaggers. All written communication shall be by electrouic mail, U.S.MaiLa courier deliveTv service,or delivered in per,;-�oi.i. Notices shall be considered delivered when reflected by an electronic mail read receipt,a courier service delivery-receipt,other mail smIce delivery receipt,or when. receipt is acknowledged by recipient If the notice is delivered inn multiple ways, the notice will be cot n sidered delivered at the earliest delivery time. c. If a different Grant f i y h i i Manager s designated by either part after execution o this,A =- - greement-notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager dries not require a formal amendment or change. order to the Agreement. d, This Agreement may be amended,throulTh a formal amendment or a change order,only by a written agreement between both panics. A formal amendment to this Agreement is required for change r which cause any Elf the following: (1)an increase or doercaio in the Agr=rnent funding amount; (2)a change in Grantee's match Tncquiwmcrdts; (3)a change in the expiration daLc o C the Agrcernem andJor (4)changes to the cumulative amount of funding t=sfcrs betwcen approved budget categories, as defined in Attachment 1.Grant WorL Plan, that cxcLeeds or is cxpected 10 iAcced twenty percent(20%)of the total budget as last approved by Dcpm-tmLnL, A change order to this Agrccanent may.be usedwhen: (1)task-timelines within the CUTE-C-M authorized Agr==nt period chmgc; (2)the cumulative transfer of fitnds betty-een approved budget valegorirs,as defined in ALLachment.3-GT-ML is Plan.are less than twenty percent(2.0%)of the total budget as last approved by Department,, (3)changing the c=tin funding source as stated in the Standard Grail Agreement,an(Vor (4)fund transfers between budget categories for the purposes,ofineeting oriatch requirements, This Agreement may be amended to provide for additional services if additional funding is made availably:by die Legislature. e- All days in this Agreement are calendar days unless otherv.,ase specified 3. Agreement Duration, The term of the Agreement shall begin and end on cbe dates indicured in the Standard Grant Agreement. unless extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee_shall be eligible for reiinbursement for work perforined on or after the date of execution through the expiration dare of this Agreement. unless otherwise specified in Attachment 2, Special Terills and Conditions, However. work perr-onned prior to die execution of this Agreement may be reintbw4 sable or aced for match purposes if pennitmed by the Special Terais and Conditions. Attachment I I of 14 Rev.3M.,'2025 4. Deliverables. The Grantee awes to render the services or other units of deli verables as set riarth in Attachment 3,Grant'4'v`ork Plan. The services or other amity 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 roust be completed prior to Department making payment on that deliverable.The Grantee ads 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. s. Performance Measures. The Grantee warrants that: (1)the services will be perfortned by qualified persotuiel; (2)the service-,will be of die kind and quality described in the Grant Work Plan; (3) the services +��ill be per3ortned in a professional and workmanlike manner in accordance with industry standards and practices. (4) the services shall not and do not knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5)its employees,subcontractors,and.'br saib;;raantees shall comply with any security and safety requirements,and processes. if provided by Department for work done at the Project Location(si. The Department reserves the right to investiga=ite or inspect at any time to determine whether the services or qualifications offered by' Grantee meet the A-reement 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 canno#be readily measured at the time of delivery. & Acceptance of Deliverable& a. Acceptance Process, All deliverables must be received and accepted in writing by Departtment's Grant hfanager before payment.The Grantee shall work diligently to correct all deficiencies in the delivcTahle that retrain outstanding,within a reasonable time at Gratitee's expense.if Department'w Grant Vanager does not accept the deliverables within 1l days of receipt they will be deemed rejected_ b. Reiection.of Deliv'erabl,es. The Department reserve:the right to reject deliverables,as outlined in.the Grant Mork Plan.as incomplete,inadequate,or unacceptable due,in whole or in,part,to Grantee's lac(*of satisfactory performance under the term;of this Agreement.The Grantee's efforts to correct the rejected deliverable~will be at Crrantee's sole expens.c.'Failure to fulfill tine applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection ofthe deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected del'i'Verahle is made acceptable to Department in accordance with the Agreement requirement,. The Department,at its option,may allow additional time within which Grantee may remedy the objections noted by Department.The Grantee"s failure to make.adequate or acceptable deliverables after a reusonabk opportunity to do stir shall constitute an event of defitult_ 7. Financial Consequences for Nonperformance. a_ Withholding Payment. In addition to the.`pm:ilic conscquenccs ctplained in the.Grant 1.'r`ork Plan andior Spacial Tens and Conditions,the State of Florida(State)reserves the right to withhold payment when the Grunt=has failed to liLrformicomply with provisions of this Agrccrn-nt_None of the financial consequences for nonperformance in this Agreement as snore 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 l'1%for each day the deadline is missed,unless an extension is approved in writing by the Department. c. Corrective Action Plan. 1fGratitee fails to correct all the deticiecieies in a n jeeted deliverable within the specified timefraine, Department may, in its sale discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding;deficiencie in the CAP. All CAPS anust be able to be implemented and perforined 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 Departments Grant Manager for review and approval, Within ten{I t))days of receipt of a CAP, Department shall notify Gu mite. in writing whether the CAP proposed has been accepted. Ifthe CAP is not accepted.Grantee shall have teat t l )days from receipt of Department letter rejJecTing the proposal to submit as revised proposed C.AP. Failure to obtain Department approval of a CAP as specified above may resith in.Department's termi.naation.of this,Agreement for cause as authorized in this Agreement, ii. Upon Depaartmenfs notice of acceptance of as proposed CAP, Grantee shall have ten 0011 days to commence implementaution of the accepted plan, Acc:pt*ance of the proposed CAP by Department Attachment 1 of l l Rev.3121.3t}25 discs not relieve grantee of any of its obligations under the..A_-rccmcnt. In the event the CAP fails to correct or eliminate performance deficiencies by Grtntce, Department shalt 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. I he Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8, Payment. Lt. Payment Process.Subject to the tenns and conditions established by the Agreement,the pricing per deliverable established by the Grant Work Plan,and the billing procedures established by Department,Department agrees to pay Grantee for services rendered in accordance with section 215.422,Florida Statutes(F.S.). b, Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes,The Grantee. however,.shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or for payment by Grantee to suppliers for taxes on materials used to fitlfill its contractual obligations with Department, The Grantee shall not use Departinent's exemption number in securing such materials.The Grantee shall be responsible and liable for the payment of all its FICA.+Social Security and other taxes resulting from this Agreement, c. Maximum Amount of Agreement The maximurn 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 reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can he accessed at the following web address: htt tom;;u�1s-.mtl_o_ridacfn.comid(w-,-;fTaccounting-and-auditing-libraneti+state- q_gcncicshcfercnce-euide-for-state-cxrcnditurc�.pdf, c. Rural Communities and Rural Areas of Onnortunity. If Grantee is a county or municipality that qualities as a "rural community"or"rural area of opportunity"(RAO)as defined in subsection 288.0656(2),F.S.,such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAC}itself The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualities as a "rural community" or "rural area of opportunity"under subsection 28'1.0656(2), F.S_; ii. Grantee demonstrates current financial hardship using one(1)or more of the "economic distress" factors defined in subsection 288.0656(2)(c),F.S.; iii, grantee's performance has been verified by the Department,which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions,and iv. Applicable federal and state law(s),rule(s)and regulation(s)allow fur such payments. ['his subsection may not be construed to alter or limit any other applicable provisions of federal or state tatty,rule. or regulation. A current list of Florida's designated RAOs. can be accessed at (lie following web address: httos:, florid dobs.org. elopment rural-cirnununitv-nro_rarn:,rural-areas-uf- opportunity. 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 past-audit to be performed, The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. State Funds Documentation. Pursuant to section 216.1366.F.S„if Contractor aneets the definition of anon-profit organization under section 215.97(2)(m), F.S,.Contractor must provide the Department with documentation that Indicates the amount of state Hinds: i. Allocated to be used Burin-LP , the full rerm of the contract or a-rcernen. for reniunerttion to any member of the board of directors or an orticer of C'onrractOr. Attachment 1 3of14 ii. AlioCal:d under each payment by the public agency to be used 16r remuneration of any member of the board of directors or an officer of du Contractor. The documentation must indicate the amuunts and recipients of the remuneration. Such inturination must be posted on the State's the contract tracking system and maintained pursuant to section 215.995. U.S.,and must be posted on the Contractor's wwebsite,ifCuntractor maintains a wvebsite. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been aeceptad in writing by Departments Grant Manager. a. Final Payment Iteyuest.A final payment request should be submitted to Department no later than sixty(60f days following the expiration date of the Agreement to ensure the availability of funds for payment. lllmever, all work perforated pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. Annual Appropriation Conti►t gel, ►tier•. The State's performance and obli�2atlOtt [D pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a Conlin itment 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: h ttps:�7wwwly.mvflaridacfo,comrd iyisiunlaa:'lacal-govern mcnta�'i udeement-interest-rate,, 1. Refund of Payments to the Denartment. Any balance of unobligared fiends that have been advanced or paid must be refunded to Departmcnt, Any fund..paid in excess of the amount to which Grantee or subgrantee is entirl,;d under the terms of the Agreement must be refunded to Department.if this Agreement is funded with federal fund, and the Department is required to refund the federal government, the Grantee shall rebind the Department its share of those fund-,. 4. [Decttmentation Required for Cost Reimbursement Grant Agreements and 1•12tck, If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following conditions apply.Supporting documentation must he provided to;uhstantiate cost reimbursement or match requirements for the following budget cate+-caries: a. SalarvlWages.Grantee shall list personnel involved, positinn classification, direct salary rate, and hours ;pent on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for r•�imhursernent or match requirement,. b. Overhead/Indirect/General and Administrative Costa. if Grantee is being reimbursed Sur or claiming match for multipliers,all multipliers used(i.e., fnnge benefits,overhead, indirect,andr'ur general and adminixtrltive rates), shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit,Grantee;hall be required to reimburse such funds to Depurunent within thirty(30)days of written notification.Interest shall be charged on the excessive rate. e_ Contractual Costs(Subcontractors). Match ur reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from. Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved. ialary rate per hour, and hours spent on the Project All eligible multiphis used (i.e.. fringe benefits, owcrhead, indirect. and,'or general and adnlinistrati%e rates)shall be supported by audit. If Deparunrnt 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 (343) days of written notiication. Interest shall be charged on the excessive rate. Nonconsunl_ble and,-or nonexpendable personal property or equipment costing 55.000 or luore purchased for the Project ender a subcontract is subject to the requirenletlb set forth in chapters 273 and;or 271.F.S..and Chapter 691-72, Florida Administrative Code(F.A.C.) andior Chapter 61]I-73. F.A.C., as applicable. For grants funded with federal funds,nonconsumable andiur nonexpendable personal property car equipnle►tt costing S 117,000 or mare purchased for the Project under a Subcontract is subject to the requirements set forth in 2 CFR 200.T he Grantee shall be responsible for ntaintainiI12 appropriate property records for any subcontracts that include the purchase of egtuipnlent Is part of the deli%ery of services. The Grantee shall comply wirh this requiretnr nt and ensure its subcontracts issued under this Agreement, if any. inipose this requirement. in wririnu. on its subcontractors. i. For ti.xed-price (vendor) subcontract,. the following provisions shall apply: The Graorc.c may award,on a competitivc basis. fixed-pr►CQ SOCk-►ttrat'ts t0 G4}ntilllt.ltlry:contr,lcrflrs in pe.rforinin2 acts work described in Arrichment 1. Grant Work, Plan, invnice• ;kthmitted to i)eparm-,nr tier tixed- Attachment 1 4 1)1,14 Re%.3.21r'2025 prier subcontracted activities shall b.c supported with, a copy of the subcontractor-s invoice and a ropy of the tabulation form for the compctitiv procurement process d e.g.,Invitation to Bid.,Request for Proposals, or other similar competitive procurement documcnt;4 resulting in the fixed-price subcontract.'fhe Grantee,,rays request appruval from Department to award a fl.%7t s-price subcontract resulting from procurement methods other than those identified above,In this instance,Grantee shall request the advance +E ritten 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 subcontra•LWC. 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 tinder 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 reirtibursetnent of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equioanem. For grants funded ftill.y or in.part with.state hinds, equipment is defined its capital outlay costing,55,004)or more,For grants funded fully with federal funds,equipment is de:toned as capital or►tlay costing 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 Reponing Form, f, Rental/Lease of Equipment.Match or reimburseitient request;,for rental-lease of equipment trust include copies of invoices or receipt,to document charges. u-. N iscellaneouVOther Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbur en.ent cinder the terms of this Agreement,the dncumentation supporting these expenses must be itemized and include coolies of receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department shall not reimburse any of the following types of charges; cell phone usage;attorney's tees or court casts.civil or administrative penalties;or handling fens,such as Set percent overages associated with purchasin-supplies or equipment. b. Land Acquisition. Reimbursement far the costs associated with acquiring interest and'017 rig=hts to real prog�ert�, (including access rights tl'ih7ti+?ll in ares.r'rgress Ca:+;CTrICn#s, leases, license agrcement:s, or othL tilt, access agreements:andi'or obtainin-,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, T tic Insurance, Closing. 5tatcments:'Documents,Deeds,Leases, Easements,License Agrcernents,or other lega6 insirum��t documenting acquirers property interest and'or rights. If land acquisition costs are used to meet match requirements, ClranW.` agrees that those funds shall not be used as match fur any ether Agreement:supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A- Prog-ress Report Form,to Department's Grant tManager describing the work performed ,luring the reporting.period; problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting peraad. [quarterly status reports are due no later than twenty, (20) days following the completion of the quarterly rt-porling period. For the purposes,of this reporting requirement, the quarterly reporting periods end on March.i 1. June 30. September 30 and December 3I.The Department will review the required reports subanitted by grantee:within thirty (30)days. 11. Retuinage. The following provisions apply if Department withholds retainage tinder this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement cap to the maximum percentage described in Attachment 2.Special Terms and Conditions. Retainage may be withheld from each payanenr:to Grantee pending satisfactory completion of work and approval of all deliverable& b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory ananner,grantee shall forfeit its right to payinent of the Tera.in:are associated with the work. Failure to perform include`:, but is not Iimited to.failure to submit the required deliverables or failure to provide adequate docuamentation that the.work was actually performed. The Department shall provide.wittep notification to Grantee of the fi Lure to perform Attachro-eitt 1 5of14 Rev.12 L-2025 that shall result in retainage lbrll:kurc. If thi:Grantee dues nut c�;rrcct the failure to perform within the timefraine stated in Dopartment's.attain:e,the retaina,c will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this?t�-reement is suspended. d. Except as otherwise provided ytbovt, Grantee shall be paid the retainage associated wvith the work, provided Grantee has completed the work and submits an invoice for retainage field in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. insurance Requirements for Sub-Grantees and:ur Subcontractons. The grantee shall require its sub-grantees andior subcontractors,if any,to nktintain insurance coverage of such types and with such terns and limits as described in this Agreement. The Grantee shall require all its sub-grantees andior subcontractors,if an,%;.to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from.and in tit)way liable for.any sunts 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 10 performance of any work under this Agreement. Upon receipt of written request from Department,Grantee shall Furnish Department with proof of applicable insurance coverage by standard form certificates of insturance,a self insured authorization,or other certification of self-insurance. d. L)taty'to IWaintain Coverage, in.the event that any applicable coverage is cancelled by the insurer for any reaasom,or if Grantee cannot get adequate coverage,Grantee shall i4mediately notiN Depamrreut of such cancellation acted shall obtain adequate replacement coverage conforming to the requirenlents herein and provide proof of such replacement coverage within ten(11)}days after the cancellation of covemgae. e. Insurance Trust. Ifthe carantee's insurance is provided through an insurance trust,the Grantee shall instead add the Department of Environmental Prntcetion,its employees,and ofificcrs as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a_ Termination for_C'«nvenitm e,When it is in the.State's best interest,Department may,at its sole discretion, terminate the Agreement in whale or in.part by giving 30 days' writtcn notice to Grantee. The Dcpartment shall notify Grantee of the termination for convenience with instructions as to the effective date oftermination ur the specific stage of work.at which the AgreemeriL is to be terminated.The Grantee muSt submit all invoices for work to be paid under this.ALgrccrnent within thirty(30)days of the effiective date of icrm nation. The MI)artrncnt shall not pa}'any invoices received after thirty{ail)days of rho i cctivc date of termination. b. Termination for Cause.The DLT. artrnent may terminate this Agrecment if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee rails to fulfill any of its lather obligations under this A rc,7ncnt. If,after termination. it is determined that Grantee was not in default,or that the default was excusable,the rights and obligations of the parties shall he the sarne as if the termination had been issued for the convenience of Department.The rights and remedies of Department in this clause are in addition to any other rights and remedies provided;by lave-or under this Agreement. c_ Grantee Obligations upon Notice of'ren:niratiun_After receipt of a notice of termination or partial termination unless as othenvise directed by Depcartmem.Grantee shall not furnish any service or deliverable on the date,and to the extent specified,in the nottCe. However.Granree.shall continue work on any portion of the Agreetnent notterminated. Ifthe Agreement is terminated before performance is completed.Grantee shall be paid only for that work satisfactorily perfamned 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 Departnient has paid for any see-ices prior to the expiration,cancellation, or termination off the Agreement,Grantee shall i;oritinue to provide Uep:antnent with those services for which it has already been paid or,at(-Department's discretion,Graneee shall provide:at refund for set vices that have been paid for but not rendered„ Transition of Services Upori Tern7iiu:ati an. Exyiration,nr Cancellation of flue.: =rccnicnt, If services provided sunder the Agreement are toeing transitioned to another provider(s).Grantee shall assist in the smooth transition of Agreement services to the subsequent pros,ider(.$). Tlii.s requirement is at a minimum ari affirmative, obligation to cooperate with the new provider(s).how•evcy additional requirements may lye o ulfiried in the Grant Attachment 1 6 of 14 Rev.313I L1025 Work Plan. The.Grantee shall not perform any serw•iccs after Agreement expirution or tcrminal on,except as necessary to complete the transition or continued portion ofthe.Agro,==t,if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including,any of the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure.The notice will also provide that,should the Grantee tail to perform within the time provided,Grantee will be found in default, and Department may terminate. the Agreement etCective as of the dare, 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 followino.non- exclusive list of events,acts.or omissions,shall constitute events of default: a. The commitment of any material breach of this Agreement by Gr thee, including failaire, to timely deliver a material deliverable,failure to perforin the miaimal level of sen-rices required for a deliverable,discontinuance of the performance of the work,failure tU resume work that has been discontinued within a reasonable time after notice to do so.or abandonment of the.Agreement; b. The conirrii#ment 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 ftind ng c. Failure to submit any of the.reports required by this Agreement or leaving submitted any report.with itscorrect, incomplete,or insufficient information, d. Failure to honor any term of the Agreement; e. Failure to abide by,any statutory,regulatory,or licensing requirement, insGtadiaaa an entry of an order revoking the certificate of authority i ranted to the Grantee by a state or gather licensing authority; f. Failure to pay any and all entities, individuals,and fumishing labor or materials.or failure to make payment to any,other entities as required by this Agreement,, Employment of an unauthorized alien in the performance of the work, in violation of Section 274 f A) of the Immigration and Nationality.Act; h. Failure to maintain the insurance required by this i"+-reement i. One or more of the following circumstances., uncorrected for more than thirty (30) days unless, within the specified 30-day period,Grantee t:includinR its receiver or trustee in bankruptcy)provides to Department adequate assurances,reasonably acceptable to Department,of its continuing ability and willingnes to,fulfill its obligation, under the Agrccmcnt_ i. Entry of an usher for relief under Title l 1 of the United State,Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a gencral receiver or trmstcc in bankruptcy of Grantee's business or pr.•aperty; and:or iv, An action by Grantee under any state insolvency or-similar law for the purpose of ats bankruptcy, rcorganization,or liquidation. 16. Suspension of Work.. The DepartmLiat may,in its sails discretion,susp,.4nd any or all activities under the Agreement-.at any time,when it is in the.beat interest of the State to do so.The Depaartmem shall provide.Grantee writtcn notice outlining the particulars of suspension-Examples of reasons for suspension include,but are not limited to.budgctae r'constraints,decl,ar;ttion of emergency,or other such,circumstances. After receiving a suspension notice,Grantee shall comply, with the notice. Within 90 days,or any longer period agreed to by the parties. Department shall either.(t)issue a notice authorizing resumption of work, at which, time ;activity shall resume; or (2) terminate the. Agreement if the Agreement is terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(Y))days'notice required for a notice of termination for convenience, Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resuldriu from.its tailure to perform if neither the fault nor the..aeglivPettce of Grantee or its employees or agents cola=ibuted to the delay and the delay is due directly to acts of God,wars,acts of public enemies, strikes, tares. Moods, or other sirnilar cause wholly beyond Gr-ainu-e's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available To Grantee. in case of any delay Grantee believes is excusable, Granite shall aurif�, Department in writing of the delay or potential delay and describe the cause of the delay either d i:)wil.hin ten days after the cause that crates or will create the delay first Attachment 1 7of14 Rev.N2l r 202g. arose, if Grantee could reasonably fortisee that a delay could occur as a result; or (2) if delay is not rcasonaabli• fbresc,Anable, within five days .after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CON9r1TUTE THE GR,,V I'1'EE'S SOLE REMEDY OR EXCUSE RESPECT TO DELNY.Providing notice in strict accordance v ith this paragraph is a condition precedent to such remedy. No claim for damages,other than fur an extension of time,shall be.asserted against Department.The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damagrw, including but not limited to costs Of awrelerat on 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.dine to any of the causes described in this paras.raph,alley the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole discretion,that the delay will sigutiticantly impair the value ofthe Agreement to Deparrmear,in which case Department may:(1)accept allocated performance or deliveries from Grantee.provided that Grantee gratrts preferential treatment to Department with respect to products .subjected to allocation; (2)contract with other sources(`ivirhout recourse w and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subjecr of the delay,which purchases may be deducted front the Agreement quantity;or(3)tertnin:ate Al reeumeutt in whole or in part. l S. Indemnification. a. The Grantee shall be fully linable for the actions of its agents, employees, partner&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 arisint from or relating to: i, personal ittjtury and damage to real or personal tan.-it le property alleged to be caused in whole or in part by Grantee,its agents,employees,partners,,or subcontractors;provided,however,that Grantee shall not indemriif} for that portion of any loss or damages proximately caused by the net,➢dent act or omission of Departunent:, ii, the Grantee's br`ach of this Afeement or the neglibent acts or omissions of Grantee. b. The Grantees obligations under the preceding paragraph itin respect to any legal action are contingent eupran Department giving Grantee:(1)!written notice of any action or threatened action:(2)the opportunity to take:Over and settle or defend any such action at CTrantee's sole expense; and (3) assistance in defending the action at Grantee's sale 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,Nritte:n consent, which, shall not be unreasonably withheld. c. Notwithstanding sections a- and b. alcove, the follo%%ling is the sole indemnification provision that applies to Grantees that are governmental entities; Each party hereto a+,gees that it shall One solely responsible for the neg.ligent or wrongful acts of its ernplovees and agents. However, nothing contained herein shalt constitute a waiver by either party of its apvereigm immunity or the provisions of section 70;.28,F.S.Further,nothing herein shall be construed as consent by a state agency ar suhdivi itin of the Stag:to he.sued by third parties in any matter arising out of any contract or this Agreement, d- No provision in this Agreement shall rcquire l3cpartm.:nt to hold harmless or indemnify Grantee,insure or assume liability for Grantee's negli,-cnc.c. t•.a t Departincnt's sovcrc-iun immunity under the. laws of Florida, or otherwise impose liability on Department for which it would not othenviso be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for gouds or services rendered pursuant to and in compliance with the terms oCthe.Agreement.Such liability is further limited to a crap of S100,rt00- 24. Remedies. Nothing in this Agreement shall be construed to snake Granu:c liable for force majeure events. Nothing in this A~ enient, including financial consequences for nonperturrnarnce, shall limit Department's right to pursue its remedies for other types of dinnage, under the Agreement,at lac: or in equity, The Department may,in addition to other remedies available to it.at fart•or in equity and upon notice to Grantee,retain such monies from arriounts due Grantee as,may be necessary to satisfy any claritrr for damages,penalties,costs and the like.asserted by or against it. *I. Waiver. fhe delay or failure by Dep rrtrrteitt to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Depariment's right thereafter to enforce those rights.nor shall any single or partial exercise of any such right preclude any other or fltrther exercise thereof or the exercise of any other right. Attachment I 8cift4 Rev. �21l2025 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employmi enL by any Grantee of unuuthurmcd aliens a violation of Section 2 4A(e) of the Immigration and Nationality Act. If Grantee/subconrractor knowingly employs unauthorized aliens,such violation shall be cause for unilateral cancellation ofthis Agreement.The Grantee shall be.responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreemaent, b. Pursuant to sectioms 219T M,287.1314,and 287.137 F.S.,the following restrictions apply to persons p-laced on the convicted vendor list,discritninatory vendor list.or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate avho has been plactid on the convicted vendor list following a conviction for a public entity crime may not submit a bid.proposal,or reply on i contract to provide any goods or service`to ai public: entity; may not submit a bid.proposal, or reply on a contract with a public entity for the construction or repair ofa public building or public work;may not submit bids,proposals,or replies on leases of real propene 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 sect-ion 2.87.€117,F.S„for CATEGORY TWO for a period of 36 monihs following;the date of being placed on the convicted vendor list, ii. Discriminatory Vendors, An entity or affiliate who has been placed on the discriminatory vender 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 a7 public building or public work-,may not submit bids,proposals,or replies on leases of renal property to t public entity; may not be awarded or perforni wir as a contractor, supplier,subQontractor.or consultant wader 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 anait- st violaata�r vendor list followving a conviction or being bald civilly liable for an antitrust violation may not submit a bid,proposal,or reply on any contract to provide any gncA or ierviecs to a public entity; may not Submit a bid,proposal,or reply«n 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 3eases of real property to a public entihy; may not be awarded or perform work as a C'irantee, supplier, subcontractor,or consultant under a contract with a public entity;and may not tr insact new business with a public entity. iv. Notification. The Grantee shall notit�- Department if'it or any of its suppliers,subcontractors, or consultants have been placed on the convicted vendor list,the discriminatory vendor lisL,or antitrust violator vendor list during die tits:. of the Agreement. The Florida Depurtment of Managcincnt Services is responsible 6or maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its wrbsite. Questions rugs riling the dismininatory vendor list or antitrust violator vendor list may be directed to the Florida Dupartmcnt of Management Sirwicus. Office of Supplier Development,at a 8-5Cll t$7-t1c)15. 23. Compliance with Federal,State and Local Laws. a. The grantee and all its agents.shall comply ith.all federal.state and local regulations,including,but not limited to, nondiscrimination. wages, social security, workers' compensation, licenses, and registration requirements. 11 The Grantee shall include this provision in;all subcontracts issued as a result of this A`7eemem. b, The grantee.its subgrantees,subcontractors and agents must also comply with the following civil rights lawns and regulations: i. Title VT of the Civil Rights Act of 1964 as amended l,prohibiting discrimination in federally assisted pmgraa ns on the basis of race,color,or national origin in the delivery'of scrvicc. or benclitsl; ii. Section 13 of the. 1972 Amendment to tlse FederaC Watzr Pollution Control Act (Prohibiting discrimination on the basis of sex in the delivery of services, or benefits yonder the Federal Wafter Pollution Control Act as amended); iii. Section 504 of the Rehabilitation Act of 197_(prohibiting discrirninanon in federally-assisted programs on the basis of di ability.botlb in employment and in the delive7y of scn-4ces and ben.efi s); iv, Age Discrimination Act of 197,-3(prohibiting d'ascrimination in federally assisted prey{7ram_s on the basis. of age in die delivery of services or benefits). Attaachmet t I 9ofl4 Rev.12 t i2025 V. 40 C.F.R. Part 7, (implementing Title VI of the Civil flights Act of 19fi4, Section 13 uf' the 1972 Amendments to the Federal Water Pollution Control:act,and Section 541 of the Rehabilitation Act of 19731; vi. United States Executive Order(EO) 13166 d federal agencies required to ensure that recipients of federal financial assistance take reascinable steps to provide meaningful access to their programs and activities by Limited English Proficiency 1LL-P)persons). vii, Florida Civil Rights Act of 1992(Title XI. V Chapter 700, Sections 760,01,760,1 1 and 509,092.F.S.). including Part f,chapter 760,F.S. (prohibiting di%critnination on the basis of race,color,religion,sex. pregnancy,national origin.age.handicap,or marital scant;). c- This Agrcement shall he governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement;hall he proces cd as described herein. Jurisdiction for any damages arising under the terms 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. Fxcept a;otherwise provided by lave, the parties agmee to he responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America,Buy America Act(BABA)-Infrastructure Projects with Federal Funding. This provision does not apply to 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,occurred in the united States; h. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States;and the coat of the components of the manufactured product that are mined.produced,or manufactured in the United States is greater than 55 percent of the total cast of all components of the manufactured product,unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable la%v or regulation,and c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials,and supplies that are consumed in,incorporated into,or affixed to an infrastructure project.As such, it does not apply to tools,equipment,and supplies,such as temporary scaffolding,brought to the construction site:and removed at or before the completion of the infrastructure project.Nor does a Buy America preference apply to equipment and furnishings,such as movable chairs,desk,,and portable computer equipment,that are used at or within die finished infrastructure project but are not an integral part of the structure or pLrtnanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan infrastructure Law or the Inflation Reduction Act,including the following provision. a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign i3 place{at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and trust 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 he 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 corldittutt throughottt the construction period. Tile recipient,will ensure compliance with the guidelines and design specification:provided by EPA for using the official investing in America emblem 1vailoble at; h trJi9:.:.�+,+.b+.V,i f1H-'�01��It1GeSr`I t1F�tit111��-:l ln�rila-�1'�+na+�l:a 1).i'rocurine Signs:Consistent with wctinn 6002 of RCRA,42 U.S.C, 0-962,and?CFR 200.313, recipients are encouraged to use recycled or recoverad matcdals•,when pntcuri117 signs, Sig ale Attachment 1 Ili el'l-f RL:-,.1- 1,`202] costs are considered ai►allowable cost under this ass►stance agreement provided that[lie costs associated with Auna,Je.are reasonable.Additionally.to increase public awareness cat projects serving cetimtnuinitiet,where Lrtglish is not the:predominant laug.uage,recipaeub are encuaraged to translate the h1n1-'ua4e.vn AIMS(excluding the official lme ting in America emblem or LPA logo or seal)LAW the appropriate nun-L••ngkih language(s).'I he,costs of such translation are allu,a:able, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinised Cbmpahnes that 13oyeutt Israel List or engaged in a boycott of 60el. Pursuant to iecuon 287.135,F.S..the Department ahoy mutned►arely ter►ninth this Agreement:at its,sole option,if the Grantee is found to have submitted a false certificatiow or if the Grantee is placed on the Scrutinized Companies chat Boycott Israel List or is engaged in the boycott of Smel durinu the term of the Agreement, b. If this Aoreenwat is for more than one mullion 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(Energ,.y Sector Lisr,or engaged with business operations in C'uha or Syria as identified in section 28,7,135,F.S,Pursuant to section 287.135.F.S.,the Department may immediately terminate this Agreement at its sole:option if the Grantee is found to have submitted a false cerrificition.or if the Grantee is placed on the Scn►tinized Companies with Activities in Sltdaln List.or Scrutinized Companies with activities in the [ran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the terin of the Ag!rcernent. C. As provided in subsection '_•S7,13501. ES„ if federal law ceases to authorize thwse 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 tar the purpose of lobbying rh,;Legislature or a State:agenCy pursuant to ioctinn 216,347,F,S„except that pursuant to the requirements of section 28 7 A5g(6),F.S.,during the terns of any executed agreement between Grantee and the State,Grantee rnav lobby the executive or legislative branch concerning the;cope )C%ervices, performance, term,or compensation re0arding that a-greement.The Grantee shall snmpiv with ectinns 11.062 and?16,347,F,S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under. this Agreement in accordance with United Scares generally accapicd accnunting,principles(US CiAAP)Cnn;i,tently applied. The Department,the:State,or their authorized representative,;hall have;access to such record:for audit purposes during the term of this Agreement and for Five(5)year,following the completion date or termination of the:lgre:ement. in the event that any work i;;uhcantraected.Grantee shall similarly require each subcontractor to maintain.and allow access to such records for audit purposes. Upton request of Department';Inspector General,or other authorized State official,Grantee shall provide any type of infnnnatian the 1nsp,2ctnr General deem;relevant to Grantee'; integrity or responsibility.Such inearmation may include,but shall not he limited to,Grantee's lousiness or financial r,Yords,documents,or files cat any type or torm that rcltr it)or relate.it)Agreement.The Grantee shall retain such rc.-ords;for the lonacr of(I)three years after the expiration of the.igreemcnt,or(2)the period required by the General Records Schedules maintained by the Florida Department of Statc(available at: hup: 'dus.my11orida.eom!libran•-arch ive,,,records-man avcment'gencral-record~-sc tied ul.s). 29. Audits, a. Inspector General, The Grantee understands its duty, pursuant to section 20.035t5). F.S., to cooperate with the inspector general in any investivaticon. audit, tltipee:6011. rel.ieW.or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and.'or Aubronrractors issued under chit, Agreement. if any. 111hpuse chit, requirement,in wririnu.can its sub-grathtees andlor subcontracrots.re.pecti%ely_ b. Physical Access and inspection. Department lvrstotmel shall be uiven access to and may observe and inspect work being performed under this Agreement,with reasonable notice and durinu normal N341CSS hours,includi►h;,, by any of the following;m.t i-ods' i, Grantee shall provide access to ony location or facility nn which Grantees. is pel•rorminu, k%ork, or Aorin, Or SJ-3611-,'CgUilIMC111, nlp. fi.lk 01-d0y.tl11ne11t+; ii. Grantee ,hall pernhit 61spectiot, of,any facility. egttipmenr, practices, or operations required in performance of any%vtork ptirstlxnt iko this•Aglreen1et11;,glad. Attachment I I eye 14 Rev.121,025 iiii. Cirante, shall allow and facilnate sampling, and ntouiloriny, titi any substances., sails. materials or parctmtit,r, at any location reascmabic or necessary to assure compliance With any work or legal requirements pur_uant to this Agreement. c_ Special Audit Requirement.,. 11e Grantee shall comply %idth the applicable provisions cuntaan:d ua Avachiuent 5,Special Audit Requirements. Lich atneudutetat that authurtz,.,a binding increase m decrea e shall inebade an updated copy of LYllib]t 1.to Attachment 5. If Deparutacrlt teems to pruvad:.m updated copy of Exhibit I to include in each amendment that authorizes a funding increase or decrease. Grantee shall r%aquest orx ['runt the Department's Grants Nlanag:r. l h:Grantee shill consider the type of Cinancial assistance(Cederal an&or statel identified in Attachment i,exhibit l and determine whether tit:tetnls of F:d:ral andior Florida Sitngie Audit Act Requirements may futtlwr apply to lokv:r ti:r tr<tu:actions that riav be a result of this Aure4ntent. For eederal financial assistance.CirttlW shall utilize the guidance provided Milder 2 C'FR�300.331 fist determining whether the relationship represents that of a subrecipietit or vendor.For State hnatrcial assistance,grantee shall utilize the form entitled '*Checklist for l' onstate Organizations Recipient Subrecipient vs Vendor Determination- (foralt number DFS-A3-`ti1S) that can be found under the"Links;Forms'• section appearing at the following, websire. httas:U>Apps,fid fs.co nt'.f saa. d. Proof of Transact ions, in addition to documentation pro,.ided to support cost reimbursement.as detcribcd herein, Department may periodically request additional prmfora transaction to evaluate the appropriatene-S of Casts to the Agreement pursuant to State guidelines Oncltading cost allocation guidelines) 'anal federal, if applicable. Allowable costs and uniform admini tralive requirements for federal programs can be found tinder 2 C:FR 200. The Department may also request a cost allocation plan in suppun Ei its multipliers (overhead. indirect, general administrative Ct,;ts, and fringe henetits), The Grantc` must provide the additional proof within thirty (30)days of such request. e. No Commingling of Fund:_ The accountinb s steeds for all Grantee: must cn ure that these fltnd are not commingled with riinds f-om ether agencies. Funds from each agency must be accounted for,cpararely• Grantee: are prohibited frrnn commingling, fiends on either a program-by-program or a project-by-prn_iect basis. Fund; specifically budgeted and;oT received for one project may not be used to support another project. WhCre a Grantee's,or suhrecipient's, accounting sy tCm cannot comply :with this requirement, Grantee, or.,uhrecipient, shall establish a system to provide adequate fund.accountahility for each prnjeet it has been awarded. i. If Department finds that these funds ha%e been comtnini:led, Department shall have the tight to demand a refund,either in vdiole or in part,cif the funds provided to Grantee under this Agreement for non-compliance with the material terms of the, AgrecmLnt. The Grantee, upon such [written notification from Department shall r:f"urd, and shall 1:?rL11with pay it) Dcpurtmnt, the amount of money demanded by Departnent. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of administration. Interest shall be Calculated liom the date(s) the original pus men[(,.) are r:eciv,d from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this agreement and reimbursed by Department. from another suurce(i). Grantee shall renmburse Department for all recovered funds originally pro%ided under this Agreement and interest shall be ehar_acd fur thuse recovered costs as calculated on from the daw(s) the. paymentt.i) Lire recovered by Gr:anlei to the date repuyrnent is made.lea Department. iii. Notwithstanding the rcyuirrtn:nts Of LhLi section, the abua.e restrictions on commingling, funds do not appl. to acteeutents Mwre paymCnrs are made purely on a cost reimburstutent basis. 30. Confllet of Interest. The Grantee covenants that it presently has no interest attd shall not acquire any Interest which would conflict in any manner or degree with the perforanance of sere:Ices reglnred. 31. Independent Contractor. The Grantee is an independent cortttncror and is not an employee or agent of department. 32. Subcontracting. a, Unless otherwise specircd in the. Special T,rras and Conditions, all sen ices contr oed for are to be perFnrmed solely by Grantee. b, The Department may, f0r CALISe, require the replacement of any Grintcc employee,sttbconrractor,or,gent, For cause.includes,but is not lintired to.rechnical or 1c.-anin,.;qualifications.,quality of"ork,chon�e its security Statrts, or non-compliance%%ith an applicoble Deti;imilenr policy or outer requiremwnt, Attachment i of 1 Rov.121i2025 u. The Department may,for cause,deny access.10 DupartimenCs scLure information or any facility by any Grant,= employce,subcontractor-or aLrcn.L d, The Department's actions under paragraphs b.or c.shalt not relieve Grantee of its obligation to perform Lill-xork in compliance with the.AggeefucflL.'I-he Grantee shall be responsible for the payrneric of all titondes due under any. subcontract.The.Deptlr[lneftL 6hall riot be liable to any subcontrjetor 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 subconuact, e. The 1]1ie-partment will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities,unless the basis of Department's denial is safety`or security considerations. f, A list of minority-olviied firms that could be offered subcontracting,opportunities may be obtained by contacting the Office of Supplier Development at(850)497-0915. g. The Grantee shall nor be liable for any excess costs for a failure to perform,if the failure to perform is caused by the default of a skibeexuractor 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 ineet the required delivery schedule, 33. 'Guarantee of Parent Company. If Grantee is a subsidiary of another corponition or other business entity,Grantee asserEs that its parent company will guarantee air of the obligations,of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in etfect,Grantee agrees that it will be -a requirement-of sale that che tie%.- parent company guarantee all of the obligations of Grantee, 34. Sun-ival. The respective obligations of the parties,which by their nature would continue beyond the terinination or expiration of this Agreement, including-without. limitation,the o-bli- ons regarding confidentiality tati. 11� .,proprietary interests, and public records,shall:survive termination,cancellation,or expiration of This Agreement. 35. Third Parties. The Department shall noit be deerned to assume any liability`for the acts, failures to act Qr negligence of Grantee:,its agents,servants,and eniployees,nor.rhall Grantee disclaim its own negligence to Department err any third party, This Aucerrient does not and is not intended to confer any right-,or remedies upon any person other than the parties. If Department consents to a,subcontract,Grantee will spccitleaRy disclose that this AgwenWot dOCR not Create any third- party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement, 36. Severabillior. If a court of competent jurisdiction deems any tarn or condition herein void or unenforceable, the other pnovisions are severable to that void prop vision,and shall remain in full force and cirect. 37. Grantee's Employees,Subcontractors and Agents. All Grantee employees, sul.contractors, sir 4,gerits performing work under the Agreemm- t shall he properly trained technicians who meet or exceed any specified training qualification:. Upon request Cirantee shall furn i sh a copy or technical certification or uther Proof of qualification.Aft cmpic.Nvcc--,;,subco.ntracton-,or agents performirill work under A-rcornL-nt must comply NvUh all security and adrnjinistrati is ruquircincrits of Department and shall curnply-with all I controlling laws and regulations re Liant to the tier;ices thoyare providing under the Agrin-,niLmt. 38. Assignment. The Grantee shall not sell, assip-4 or transfer any of its nig,lits,duties,or obli-ations and the Agnecrncnt,or under any purchase order issued pursuant to the Agreement, wittiout,the prior%vrittea consent of Liepartment. in the tvenl. Of any assignment,Grantee remains secondarily liable for performance of the.Agreement,unless Department eXpressly waives such secondary fiabitily.The Department inay assi6m the Agreelftentvvfth prior written notice to•Grantee of its intent to do so- 39. Compensation Report. If this Agreement is a sole-so public-private agreement oar if the Grantee,through this agreement with the State, annually receive or more of their budget front the State or frorn a combination of State and.Federal funds,the Grantee shall provide an annual report,including the most recent IRS Form.990,detailing the total cotripensation for the entities'executive leaders-hip teams.Tolat compensation shall include salary,bonusses,cashed-in leave.cash equivalents,severance pay.retirement benefits,defer-red compensation.real-property gifts,and any other pavout. The Grantee must also inform the Department of aqy changes in total ext-cutive compensation betvb een,tile a'yullaal reports,All compensation reports inust indicate what percent of corupensation Comes directly rrom die State or Federal allocations to the Grantee. Attachment I 13 of 1!4' Rev.12 L-2025 40. Disclosure of G,ifs from Foreign Sources. 1f the value of the grant under this. grecincnL is$1{Jrvi,l7,flil or more,Grarlie .shalt disclose to DcparLment 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 ofS50,00 or irtore and such interest existed at any time or such contracL or grant or gift was,received or in force,at any time during the previous 5 v ears. Such disclosure shall include the name and in ailing address of the disclosing entity,the amoL[of the contract or grant or gift or the value of die 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 ag:nt or controlled entity that is the source or interest holder.If the disclosure requirenient is applicable as described above, then within i year before applying for any grant,Grantee iriust alsG provide a copy,of such disclosure to the Department of Financial Services. 41. good Commodities. To the extent authorized by federal law,the Department,its grantees,contractors and subcontractors shAI give preference to food commodities grown or produced in obis state when purchasing food conitnodities,including fartru products as defined in-section 823.K ES.,of and class,variety,or use thereof in their natural state or as processed >ty a fart operation or processor for the purpose of tnnirketing such product. 42. And-human'Trafficking. If the Grantee is a non-2civernmentail entity the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perCLury attesting that the Grantee does not use co crcion for labor or servires as defined in section 7S7.06,F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a"public works pro-jecC as,defined in section 255.0993,F.S.,or the piurchase ofmaroterials to be used in a public works project.any iron or steel permanently incorporated in the Project must be",produced in the United States,"as defined in section 2i5.0993,F.S.This requirement sloes 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 Straus are not produced insufficient quantities,reasonably available,or of sati.sfactory quality; (2)the use of iron or steel products produced in the United:States will increase the total coat of the project by more than Monty percent.(20%_);or (3)complying with this r€quirenieni:is inconsistent with the public interest. Further,this requirement dioes not prevent the Contractor's niinirrial use of foreign steel and iron materia.4 if- (1):such materials arc incidental or ancillary to time primary pi-Od ct and are not separately identifiicd in the project specificationx;and (2)the"cosf'of such material,,,as defined in section 255.099—,.F.S„does not exceed rare=tenth nt one.percent(I%) of the total.Project Cosa under this Agreement nr$2,500,whichever i:�oareater. Electrical components,equipment systems,and appurtenances,including supports,covers,sbielding,and tither appurtenances related to an electrical syswrn that are necessary for operation or concealment(ekceptino* transmission.and distribution pole.)are not considered to he iron or steel prriduets and are,therefore-,exempt from the requirements of this paragraph. This provision shall be applied in a manner corn.sistent with and may not be construed to impair the�titc.'s obligations under any international ayarccmcnt. �. Complete iAd accurate information. Gnintce represents and warrants that all statctricn Ls arid information pi-tivided to DEP are current,comp lctc,and accurate..This includes all statements and information in this Grant,as Weil.as its.Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sigh. This Agreement,any an iendments,and+or change odors-related to thc A eemunt,may be executed in ctrun irparts, each of which shall be an original and all o -oafii:h shall LuristituLe the sane instrument. in accordanto with the Electronic..Signature Act of 1996,el:ctromk siynaiun s,including facsimile transmissions.may be used and shall have the,same force and c5evE as a ti rivLan signature.. Each person signing thi grcemenL .�+arranLs that he car slit.is duly authorized to do so and to bind the ie-spective party to the Agreement. :Attachment l 14 of l li-e,�.12 U2625 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms.and Conditions AGREEMENT NO.L2408 A'rTACHMENT These Special Terms and Conditions shall be read together with general terms outlined in the Stand ird'i- rrns and Conditions,Attachment I.Where in conflict,these snore specific terms sha11 apply. 1. Scope of Work. The Project funded under this Agreement is Teguesta Regional Park lanprovenments 41 lie Project is defined in more detail in Attachment 3,Grant',Fork flan. ?. 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 aaiathorized under this Agreenient, ?l. Payment Provisions. a. Compensation.This is a cost reiniburseataent Affeement.The Grantee shali be compensated undeT this .Lgrze.ent as des�cr taec3 are Attachment;, h. Invoicing.Invoicing will occur as indicated in Attachment x. c. Advance Pay.Advance Par•is not authorized under this Agreement. 4. Cast Eligible for Reimbursement or INIatchint,Requirements. ft Reiimbunernent for costs.or availability for costs to meet matching requirements shall be limitLd to the tollf win.a budget categories,as defined in the Reference Guide or:state Expenditures,:as indicated: Reimbursement Match Cati trio ❑ I7� SajariLs1Vages 0,.erh.ead,'lndirectrGenera I and Administrative Costs, a. Fringe Benefits,l*lIA. ❑ ❑ b. Indirect Costs,NK.A. J Contractual(Subcontractors) Travel,in accordance with SQction 112,F.S. ❑ ❑ Equipment p ❑ Rental L4ase of Equipment. ❑ ❑ Xis ellanneous+Other E..xpenses band Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. C Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The.4reement requires at least as 53%inatch on tlie pairt of the Grantee. Therefore.the Grantee is responsible for providing S382,000 uhrough cash or third party in-kind io54`iirds the project funded under this Agreement. Attachment 2 ] o Rev.7:98,24 8. Insurance Requirements Required C:ov At all times during:the.Agreement the Granttie,at its sole expense,:shall maintain insurance coverage of such type`and with such terms and limits described below. The limits ofcerverage under each policy maintained by the Grantee shalt not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All itusurance policies shall be through insurers licensed and authorized to issue policies in Florida.Or alternatively,Grantee may provide coverage through a self-insur-,tnc-e program established and operatinc cruder the laws of Florida_Additional insurance requirements for this Agreement may be required else%here in Chit A reemienL however the minimum insurance requirerricars applicable to this A—tment ar.: a. Comlmerciial General Liabilitv Insurance,. The Grantee shali provide adequate commercial general liability insurance cop.era�-ge;and hold such liability insurance at all tiumes during*the Agreeiment. The Department,its eniployees,and officers shall be named as an additional insured on any general liability policies. The iniilinium limits shall be S-250,000 for each occurrence and$-500,000 policy agggretgate, b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain aivtomobile liability,bodily injury,and property damage coverage. insuring clauses for both bodily injury ai nd property damage shall provide coverage on an occurrence basis,The Departincrit.its employees.and officers shall be named as an additional insured on any automobile insurance p+alicy. The minimum limits shall be as follows: 5200,000:300,000 A uto.mobile Liability for Company-Owned Vehicles, if applicable S200,00 ?:300,000 Mired and Non-wamed:'tuumobile Uabili_ty Coverage c. N orker%'Compensation and Frnyloyer's Liability Coverage, The Grantee shall provide workers' compensation,in accordance with Chapter 440,F.S.and cruploy'er liability coverage with minimum limits of$100,000 per accident,$10 ,000 per person,and$500.000 policy aggregate. Such policies shall cover all employees erigaged in any work under the Grant. d. Cher Insurance.None. 9. (duality Assurance Requirements. There are no special{duality Assurance requirements unties this Agrermcnt. 10. Retainage. No retainage is required under this Arreemeni.. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior w itten consent of the Departmem's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee shall submit a copy ofthe executed subcontiwT to the UeparEment prior to subinitting any iti dices for subcontracted work. Regardless of any subcontract the Grantee is ultimately responsible for all work to be performed Lander this Agreement. 1*. State-owned Land. The Board of Trustees of the Internal Improvement Tnist Fund must be listed as additional insured to-enema Iiability insurance required by file Agreement and,if die.Grantee is a thin-governmental cntity,indeiri ified by the Grantee. 13. Office of Poticy and Budget Reporting. There are no special Office of Policy and Budget reporting.avquirenlents f;ar this Agreement. 14. Common Carrier. a. Applicable to ecanrrati•ts with a cornmon carrier-finniperson corporaticart that as a regular business transports people,or r omniodities from place to pkim If applicable.Oontractor ntust also fill wart and return PL:R 1808 before contract;xecuiion. If Contractor is a common carrier pursuant to section 908.111(1)(a),Florida Statutes,the Department twill terminate this contract immediately if Contractor is found to be in violation of the law or the:atte:suirion in PUR 1808, Attachment 2 _of 3 Rov.?AK!24 b_ Applicable to solicitations for a common c.an ier—Before contract execution,the Annin-C.untractor(s) must fill out and return PUR 1808,and attest that it is not willfulty providing any scrr,ite in furtherance of transporting a person into this state kaotxink,that the person tun law fully present in the United States according to the terms,of the federal Immirration and Nationahty Act,8 U S.C.ss_ 11011 et self. The Department wilt terminate a contract immediately ifContractor is found to be in violation of the lav, or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural:areas of Opportunity This agreement sloes not provide.fudcrsl or state financial assistance to a county or municipality that i. a rural cone unity or rural area of opportunity as those terms am defined in;T_288.06 6(''')_ 16. Additional Terms. Attachment Z of 3 rp FA :3 ty r7 A A Vt Ll tj CLI rA fj lu U C6 0 dl m > tj tj di 17! 0 U Fj ;A 72 14 R ru Z5 I-- Sa F- C. w 'Z rt cr, ri rz ILI, .71 .2 t, u P., zj a. u 2 — g ri 2 Z 2 �? a,� u 6-Z h4 6. u U ti e— ;w �2p dl 414 tj cc -5 el a r, til 7 _r v� Qp 4 J-5 ON u U rj U R t� CL a tA. E— rq 4 IR A — — — ri 1 C-3 el 71 0 u Q -Tj i. 75 EJ F� In tz S 4 A-1 A tj tp u fj cz id 71 -r, E -e: 7F: rz r: b 40ra' U zi ti f., :u U is C'5 cd rJ qz I ^; C rJ .. •� y rjy Z C Ps I ^ Ql E.a - A i.� r^� S3 o a I N r o c y v�� cc, c c ^ a•. u N -- � N G 4 C a a ai G T,•q I. ,y5 N J00 vi LM all ^ Ca #t O CZ4 y r G too Io, rt .... .. I — Ci..: yG., y •O ^ � y "-' � tJ P rcr � O e'y � w 'O a J � y = ^C tN, I.. •p C •'� � G 0. .-• � C cy C 'a=. C J C`'.. v, s G C C 'y^ _ diy u y CG as v.I G , c U a-. nyi � N + v c ' � � h 3 c o ,n G y T� (� t � y -- 73 G C 7 �r ti G Cm v C5 Q ca 6yyi G y ?,c uy C C Gzl u n G y `s w j c y r e o y o c r. G c c yC c � Y Q "; .. y G L�Cn y ^ y n e y �' y �= G ^ Z (P•'r. CZ ti G�sl r� G y ,gin fa cCs v = C 7 : 3 'li O ,Nip O C rJ 9 L n = u v c v c :j I-b a o1.0 u � ri r4 .� ev E� z � � a; � G err, ! 3lu y ,j N LL O > rz C Fs o u c c cn CLT- ? � -' J j C _ r G v_ yzt f •G � -� G, G �� � � � � �' rev' j C G � STATE OF FLORIDA L>«N P.--kR I KILN f QF F NV1ROVNI ENT XL PIRG TIEC] 10N Ptalalir Records Requirements Attachment 4 1. Public Records. a. if the agreement exceeds S 5.1.),00.00. and it tirantee is acting on behalf ot'Dep artment in its performance of services tinder the Agreement, Grantee raatu�t a11o10, public saccess to all documents. papers,letters,or other rntateriol, r-ardicss of the physical form,characteri-sties,or means of transmission. shade or received by Grantee in C011JUndion with the :agreement(Public Records), unless the Public Records are exempt from section 24(a)of Articie [of the Florida C on titution and section 119,07(I;p, F.S. b. I'he Department may unilaterally terminate the ALTcement iFGrantce refuses to a110W public Ltcccss to Public Records as required by law, ?. Additional Public Records Duties of Section 119.0701, F.S., if Applicable. For the purposes of this paragraph. the terns"cunlract"means r.he-Agrcement." If Gr�antcc;is a "contr-,actoC'as defined in section 119.0701(1 )(a), F.S., the following provisions apply and the contractor:;hall: ta. Keep and maintain Public: Records recluirwd by DvpEirtment to pv66rm the scr-.icy:, b. Upon request,provide Department with a cagey of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S..or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 1 19,10, F,S, d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements ,arc not disclosed except as authuriz�:d by law fear the duration of the contract term and the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract,transfer,at no cost.to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. It the contractor transfers all Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt frow Public Records di closur4 nwquircnaents. If the contractor keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable requirements for retaining Public RQQort,. All Public Records:tercel clecrrortically Tnust be provickd to Depariment, upon request from Department's custodian of Public Records, in a format specified by Department as compatible %with the information technology sysrcrns of Uep.artmcm. l'hese Formatting requirern nts are satisfied by taxing the data formats as authorized in the contract or 4,Iicrosott Word,Outlook, Adobe,or Excel, and any software Cormat,the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING er"E APPL1C'ATtON OF CHAPTER 119, F.S,, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245.2118 Email: '?t_l1)I1(',.ati�'t Mailing address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Rt~queo 3900 Commonwealth Boulevard, T1-IS 49 Tallahassee, Florida 32399 Att.actaa lent 4 �, J a_a STATE OF FLORIDA DEPARTMENT OF ENVILtONMENTki- PIiOT CI'ION Special .'Audit Requirements (State:Lind Federal Financial Assistance) Attachment S Me administration of resources awarded by the 13cpartinew of E•'nvironimental Protection by relLi-fvd io as the"Department", "DE11 rr1)!p.,,, "Gr.trnow". orwhe'r'name iN ?h,?iWr'tCM,L'N l ro tale tz•ciptznt I•,r'hi0",'nkV hL' ;-,'f'rredto as the "1{L'c.;Pic'V1`, rGJ'{rw:t'r name In the i{ r'cE'rPteeaj 111,1Y be ltll)lei:t rue'kidiC._, ind.or rionitodw., by the Department of Environmental Protection,as described i1➢rhis attachilwnt, MONITORING In addition to reviews of audits conducted in accordonc` with 2 CFR fart 2110, Subpart F-,audit RQcJllirennents, and Section 215.97, F,S„ as rewked (see "AUDITS"below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department stiff, limited scope audits as detined by s CFR 20),41-3,or other procedures. By entering into this Apreem:nt.the recipient agrees to comply and cooperate with any monitoring prt�cedurz<,'prpce;g2 deemed appropriate by the Npartntent of Environtnettral Protection. In the event rho Mpartntent of Envit-oliittental Protection determines that a limited;cope alldit of thti recipient is appn-,)priare,the recipient a•.;rccs to comply with any additional instruction.,provided by the Department to the recipient re.;at'ding:each audit, The re:cipicnt further aure4: to comply and cooperate with :an_Y' inspectit�ns, reviews. inve+ti.1tions, or auditi deemed neccisary by the Chief Financial Officer(CFO)or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable it the recipient is a State at lncal anwrnment or a non-profit organization a:defined in 3("FR §200.330 1. A recipient that expends Sl,tlii(1,000 or more in Federal awards in its fiscal year, mu:;t have a single or program-specific audit conducted in accordance+,with the provisioni oC2(-FR Part 200,Subpart F.EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year,the recipient shall consider all sources of federal awards.includin, federal resources received from nci: Deliartmcnt of Environmental Protection. The dcterminaliun of amounts of Ccderal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-50_. An audit uC the re.:ipicnt conducted by the Auditor(1e:meral in accordance with the prat isiuns of 2 CFR Part 200.514 will meet the requirements of this part. 2. Forthe audit requirements,addressed in Part 1,paragraph 1.die recipient shall ta11111 the requirements relutivk to auditee responsibilities as provided in 2 CFR 200.508-5121. 3. A.recipient that expends less than S I,000-01JU in fc&ral jw irds in its rLicul ,,ear is not required to have an audit conducted in accordance'with the pruvisiun.s of 21 C'I R F trt 200,Subpart[;-Audit Reyuirerucnts. If the recipient expends less than `S1.000.0410 in Cederal awards in its rkcal year Lind etc.;is r.o hear :an audit conducted in accordance with the pro,.isiuns ot'2 Cl R 200. Subpart t-Audit Rvqutremenis. the cost oC(tic audit must be paid Crum nun-Crderal resources (i.e.. the cult of such an .urdit must b,,:paid fruit[ recipien, resources obtaina:d frog➢t tton-tcderal e,ttiri.si. 4. rile recipient may acci s intunnatiou rc�ardins the C'ataloo of federal Doniestie Assistanco(Cl LW via Tire internet at]taps:, sajti_uok content assc.r.rmrc-l:.;hies. Attachment 4 BC;S-DEP 3 1 PART It:STATE FUNDED this pare is applicable if the recipient is a nonstale entity as defined by Section_15.[1~7i._2). L•lorida Statutes. 1. In the event that the recipient expend, a total amount of state financial assistance ctluid to or in excess of $730,000 in any fiscal year of such recipWit i for fiscal years ending June 30. 2017, and thereafter). the recipient must have a Scat: snigh or proyect-specilic audit for such fiscal year in accord:iwL with Section 215.97, F.S.: Rule: Chapter 691-5. F.a.C., Stab Fin,ntcial Assistance: and Chapters 10.550 (10Cal governmental entities) or 10.650 (.nonprotit and for-profit urganizationss). Rules of the auditor General. F..XIMIT I to this fotin lists the state rinaticial assistance awarded through the Mpart]ilellt of Envirntlnlerltal Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assis(ance. including state financial assistance received from the Departtllent of Lnvirontnental Protection,other state agencies, and other nonstate entities. State financial assistance does 1110t include federal direct or pas,-through awards and resources received by a nonstate entity for Federal pro-ram inatchinr requirQnwws. 2. In Connection With the audit regitircments addressed in fart 1I.paraf:rtaph I;the recipient shall ensure that the audit complies with the requirements of Section 2l i.9?tS). Florida Statures. This includes submission of a financial reporting, package as defined by Section 215,97l_'j, Florida Stanates, and Chapters 10.550 t,local governmental entities)or 10.650(lionprofit and for-profit organizations). Rules of the Auditor General. If the recipient expend.»logs than'+7Nt1,000 in state financial assistance in its fiscal year t for fiscal year ending June 30, 2017, and thereafter), an audit conducted in .iccordiance with the previsions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends[eis rhan 5750,OM instate financial assistance in it+fiscal year,and elects to have an audit conducted in accordance with the provision ofSection 215.97,Florida Statutes,the cast ofthe audit must he paid from the non-state entity's resources(i.e..the gait of such an audit must be paid from the recipient';resources obtained frnm other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance trSFA),a recipient should access the Florida Single.Audit Act wchsite located at httP :-ea for assistance. In addition to the above wcb,ites. the folinw'ing tivebsitcs may he accessed tiir inforrtiation: Legislature; W,:hsite at ���p:''wH'u.Icg.st:etc.11.ua�Velcumc;indcx.clrta State of Florida's webske at htip:,'1i v,w.mviluridu.com:. Department of Financial Services' Wvbsite at http:., %N'\yw.tidl .corn;'and the Auditor General's Websile at hup:r';'www.mvtlurid;t.com:aude�a�. PART III:OTHER AUDIT REQUIREMENTS 00TE. This part would be used/u spec'{/i•am[ddittr..mal t1udho r glrire.riae urs imposed hr the State alvt ding enldtr that are solely a inatter u1 that State awarding eirtitl''s police'(Le., the audit is real required hu Pederal urState real+s and is not in conflict it'lth othe'rl-eder[allay-Stateandit rc'gvh-cjnen J). f[trJ'a'rlClJrl fdl y'ii'trf Jr�.�?. ?�,Y).1'lt[J'rtldl �'ft11rJIN.t. Stine agencies anal'C'tlnthict W*(it7CJF1'L'ltyl'011t111.i CfS.ViSI rr10?oral an:if?afl[lrtir.rll to[rrttlit.S ronchicl d in accordance with Section 215.Q I, Florida S7allrles. 1n we h an eve al. file Stine lru'lrrdirrh 11,4eowl,fnelst arrcrlr.g_e(ur hindingthefi<ll cost gfsuch additional itudits.J PART IV: REPORT SL BNI ISSION 1. Copies of reporting packages for :audits Curlducted iti accordance with 2 C FK Part 200. Subpart 1--Audit Requirements,and required by PART I of this form shall be submitted.,.0ien required by 2 CFR 200.512,by or on behalf of rho rocipictu clinxtly to the Federal Audic C'learinthause i FAC)as provided in 2 CFR_1110.36 and 200.512 A, The Federal Aiidit C'le.iring,house desi;awned in 2 CFR ;200-501(a)rth•.,iltlniber of c[tples r,.tltllred by 2 CFR W1'001(a)should be submitted to the Fedor;il Aildit C'leirin-huuso,At the fnl1k­-%in ,.address-; Attachment A r.'t MjS-DEP 55-215 ry i�rtl 1 It; 24 By Mail: Fedi:w[Audit C'learin_[wutic llureatl of the C'cu,u- 1201 East IOth Street Jeffer umtlle.IN 4'7132 Submis-sions of the Simla Audit reporting p.rckuge for tiscal p xiods endin_cm or alter January 3. 20Ott,ttaust be sttbttmted using the F deral C'leariughuuse'S Imerttet Data Cntr\• System which can be found at httn: har�ester.�en�us.�uv fac'reb: 2. Copies of financial reporting packages tetluired by PAR T 11 of this Attachment shall be submitted by or on behalf of the recipient directh, to each of the foiloxving: A. The Department of Environmcnlal Protection v one of the t'o[lom i ig nddre;scs; By Mail: Andit Director Florida Department of Environmental Protection Office of lnspe`tor General.NIS 40 3900 C'ornmonwealrh Boulevard Tallahas;ce, Florida 3 2 399-1000 Electronically: FDFPSing]cAudiya den.state.fl.us B. The AuditurUencrai's Office at the follwvin,addre,s: Auditor Cwncral Local Govemment Audit-042 Claude Pepper Building, Rnom 401 111 West lladkon Stre-:t Tallahassee-Florida 32399-1450 The Auditor General',titebsite(http:: llauditar.guv )proN ides in,truct ons for ti3uav an electronic copy 01'a financial reporting package. 3. Copies of r.�-ports or managentent letters reclutred by PART Ill of this Attachment shall be submitted by or on behalf of the rccipiml directly to the Department of L"nc ironmetaW Protection at une of the following addresses: By Nlatil: Audit Director Florida Department of Envirunmenral Protecrion Office of Inspector General.NIS 40 3900 Cornntonwcalth [3oulecard Tallahassee. Florida 3 2 3 99-30111., Electronically. FDEPSim�lcAudir.�e.d4p•st:tte.11 ats 4. Any reports, manm ement letter;. or ofli r information required ro he submittal in the Dcliartment of Environmental Protection pun;uanr to this Aa,recownt :hall he submired timely in accordance witli ; C'FR 200.512, section 21a•9', F.S., and Cha,a-erc 10.5511 (local ernmernal entiticrl or 140.650 tnonpmFt and for-profit organirarions), [tole;of the kudirm-G m gal. as appl'ic:ibl`. Attachment rl - BGS-DEP 55-215 r.i.rJ 1 14 N i. Ru4ients_when submitting financial reporting packages to the Department of Envirun nimial Pruutie ion for audits done in accardanci wiLh 2 CFR 100,, Subpart F-Audit Roquirements, or Chagwn 1tl_5 0 (;local governmental entitiest and 10.650(nun and for-profit arganizatiuns),Mules of the Auditor General. should indicate the date ;and time the reporting package ,�as delivered to the recipient and any correspondence accompanying,the reporting package. PAR'r V:RECORD RETENTION The recipient shah 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 alloix 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 Uepartmenr 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,useless extended in writing by the Department of Eatvironment al Protection. Attachment 5 4r.,t7 BGS-D P 55.21 i rinkud I','t9i74 C s C 7Z `+ 79 Lt � 6'•' � 6i I F �' y J J � L� �� d ..s w V: IS7 68m V 1 �, �' ii Ci' j •J r •'LT. _ I I of A Et +} r 24tz — O O! f F 7 ti to co _ r .^y kI f'•. ry+. `+ LZ i� � b' ��. � �. E"•' u ter, rZ o w nz ` E a tr. fi _ II� rE7 1 u rj v - � � Ei to =0 tO _f NJ Q RG '''L4 _- 2225 \ m �7 f \- )/ /� \� \ � \ \ { R k \ 2 � ri 22 / 2 \ $ cr © » Ef � a \�� 2 mow , . �\ = 2 cv\ ) 4Ja � 6 th z \ \ � & § • � A2a � _ :�22 \ \ k _ } § ; \ / \ A ; y { ( & STATE OF FLORIDA DEPARTMENT OF ENVIRONXIENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS LOC'A , PARKS—LEGISLATIVE LINE ITEM PROJUX r ATTACHMENT b 1. Project Submittal Forms. Administrative Fowis, Rcinibursenicltt Fornts, and Guidelines referenced in this Agreement tray be found at t101`adcKit'V,6t]� AIId, I.II Id-.Ii i..- �:i i.'lril�u�-_,a l'____.__�_._ I' li�la;�-,I ;t-t.lut'v, of by contacting the Depart)icnt's Grant Manager. Z. Notice to Commence. Prior to commencement of the Projo:ct.the Grantee~hall submit to ncc Dcliartmcn,t rnr approval: i. C°omtntmtinL-v certilication:and ii. Budget Coat 1nalysi;Fnttat. The Grantee may use the FRDAP Commencement Dneumentation Chccklist,D'RP-I07to help street these rcguirements and may use the Comn-tenc rnent Certification, DRP-1 03 to,atisry requirement 2.i. In addition to the Ttern;i. through iii. above,the Granted:shall ;uhmit a copy or any cx cuted Subcntitracts to the Department. Upon .atiNfactnry apprnval by the Department,the Depammcnt will issue w ritten"Notice to Commence" to the Grantee to commence the Project. The Grantee SHALL NOT proceed until the Department issues the "Notice to Commence." The Grantce:hall ,:ntrtrncncc Task Pcrroyrmance itiithin 40 daysi attar the "Notice to Commence- is issued by the Department unless cxt.ndcd by the Department t;)r iland cause. Until the Department issues the"Notice to Commence,"the Department i.,not obligated to pay or reimburse Grantee:ir•r fee,.car:t;,or general expenses of any kind that were incurred prior to the"Notice to C'omrn mce." 3. Project Completion. H work under this Agreement utust be completed no later than 60 days before the expiration date of the Agreement, known as the "Project Completion Late." His: O-qut-tntrnt tttay require the Grantee to du additional work beture designating the Project-complete." If the Prujer;has not been dewgn.ttvil as coruplete by the;Department by midnight of the Date of Expiration,the Project fund- .c••ill re•.•ert to the revenue Lund[rom�tihtch they were appropriated. a. Project Completion Certification. fog certify completion.the Grantee%till ,ubmit to the Departtnent a Project Completion Certification. I lie Gratuee tray use the FRDAP Project C'untpletion Certification,€ RP-1 1?,available unline and incorporated herein by reference ro -;artafy this requirement. The Project must be designated complete prior to the Department releasing final rcimbursement.The Department,hall dest-�'aa,tte the Project complete upon receipt and approval of all deliverables and V.1hen Project site is open and a%ailable for use bY the public for outdoor reereatiun purposes. The Department will release the retainige when the Delixtmcltt approvL.the C'otnpletiun Documentation.The Cnaal payment of the retained ate Qunt will be processed v1rhi r.thirty l3oi flays of the Prnject desiunated cons lera by flw D at7nient. S. The Hollowing i;added to paragraph fS,Attachirent 1,Standard Tenrts and Conditions: k. Project Costs. The Dcpartm nt will rcirnhurse Project Gnats as provided herein. Project Casts shall he incurnad between the effective date of the :\.reement, and the Prnject Completion Date a :et forth in the Prnject Completion Certification d.ctertnincd and identirtcd'herein.Tfth,:total cost o fthe Prnject o:xceed:th;,Trant amnunt and the required match(if applicable),(mantes_moat pay the cxcc:s cost. 6. The following replaces paragraph 11).Attachment I,Standard Terms and Conditions: Status Reports. a. The Grantee tnua utilise the Lc-i;lativc Line Ttcm ` t:attta Rapnrt, available online and incotrprn•ated herein by reference, to describe the work nerfrornted ofauin. the repot-.inn perio d, problems encount.rcd. prnbleill resolution3.qchadulz upri at.a and prnpo;cd work for the next rcpnrtin;T period. The Project Status Rcpnrts must he submitted to the Doparnncnt's Cirant Manager no later than April 0,Jul,,?f).Oeto bCT_0 and January 30.The Departmenf% Cirant Manager has thirty 1.301 c:alcnilar days to review the required r.potrts and deliverables Attachment 6 Rat 04112023 submitted by the Grantee. 7. Procurement Requirements for Grantee. The Grantee must secure.all goods and serv-ices for the Project according to its adopted proc:unmi nt procedures. s. Termination and lneiigibiliq. In addition to the remedies provided els4nvhere in this Agreement,if the grantee. NIS to eOrrrpl�•with the terms stated in this Agreement.. the Department will terminate this Agreement and detnand return of the legislative 'line iteal funding (including interest). Further, the Grantee agrees to ensure that all necessary pernvits are obtained prior to implementing any Grant Wark Plan activity that may fall under appliCable federal,stale,or local laws. _attachment 6 Rm 09111`2023 G C e 0 J A z � j � I L � Q I 1 L � r y e �° to b v� N I Lsa C W 4 y � v � y ^� cc tr. 0 I CU ts, co Q) y WJ cr �M N le n m O .. ul cr a f0LTJ06 .� ' § Q , - . � t / _ � o + ❑ ❑ EI ❑ q ml ! ± ¥ q - 2� � � ot , ® % � �� ucPrrt�• 'f Florida Department of Environmental Protection yt l O EXHIBIT C PAYMENT RE(�U1:ST SUMMARY FORM ''too 'f; Required Signatures: Adobe Signature Late: Village of Tequesta L2408 Grantee Project Name and Number Billing Period: Billing#: DUP Division:State Lands DEP Program:Land and Recreation Grants F Project Costa This Wiling Cumulative Project Costs Contractual Services 17RP-116 Grantee Gabor l DRP-117 I Employee Benefits r %of Salaries) _ Direct Purchases: Materials& Supplies ORP-I18 Grantee Stock DRP-i20 Equipment DRP-119 Land Value Indirect Costs (15% of Grantee Labor) TOTAL PROJECT COSTS 1 $0.00 0, I hereby certify that the above expenses were incurred for the work being accomplished in the attached progress reports. Project Administrator Date C'I;RTIFICATIOti: I hereby certify that the documentation has been maintained as required to support the pruj ect expenses as reported above and is available for audit upon request. Project Financial Officer Date r)ii[,-i ii (E(feciheOf-N9-_'015) I'ac, 1 of I