HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-067 Temp. Reso # 13628 —June 23, 2021
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• CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021- a 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA ACCEPTING A LAND AND WATER
CONSERVATION FUND (LWCF) GRANT AWARD IN THE
AMOUNT OF $400,000 FROM THE US DEPARTMENT OF THE
INTERIOR (DOI) THROUGH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP); AUTHORIZING THE
CITY MANAGER AND APPROPRIATE CITY OFFICIALS TO
EXECUTE A LWCF GRANT AGREEMENT AND NECESSARY
DOCUMENTS PENDING LEGAL REVIEW BETWEEN FDEP AND
THE CITY OF TAMARAC FOR GRANT FUNDING IN THE
AMOUNT OF $400,000 AND PROVIDE FOR A ONE TO ONE
MATCH IN LOCAL FUNDS UP TO AN AMOUNT NOT TO
EXCEED $400,000 FOR THE SUNSET POINT PARK PROJECT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide its residents
and visitors a higher level of service by enhancing and improving its outdoor recreation facilities
and environment; and
WHEREAS, the US Department of Interior (DOI) via the Florida Department of
Environmental Protection (FDEP), provides grants to local governments through the Land and
Water Conservation Fund (LWCF) program to develop land for public outdoor recreation; and
WHEREAS, the City of Tamarac wishes to enhance Sunset Point Park and included
the project in the City's Adopted FY2016 & 2021 Capital Improvement Program (CIP); and
WHEREAS, the City of Tamarac was awarded a LWCF Program grant for the
development of the Sunset Point Park project under the 2019-2020 LWCF grant cycle; and
WHEREAS, the LWCF grant program requires and the City is willing to provide up to a
one-to-one match not to exceed $400,000 in local funds; and
WHEREAS, the Directors of Financial Services and Parks and Recreation recommend
acceptance of these grant funds and execution of the grant agreement between FDEP and the
Temp. Reso # 13628 -June 23, 2021
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City of Tamarac for the Sunset Point Park project in the amount of $400,000 pending legal •
review which is attached HERETO as Exhibit A and is incorporated HEREIN by this reference;
and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to accept LWCF grant funding and
to execute the LWCF agreement in the amount of $400,000 and provide up to a one-to-one
match not to exceed $400,000 in local funds for the Sunset Point Park project
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as
being true and correct and are HEREBY made a specific part of this Resolution. All Exhibits
attached hereto are incorporated herein and made a specific part of this Resolution.
Section 2: The City Commission of the City of Tamarac HEREBY accepts the S
$400,000 Land and Water Conservation Fund (LWCF) grant award from the US
Department of Interior (DOI) through the Florida Department of Environmental Protection
(FDEP) for the Sunset Point Park project.
Section 3: The Tamarac City Manager and appropriate City Officials are HEREBY
authorized to execute a LWCF grant agreement and necessary documents pending legal
review between FDEP and the City of Tamarac for grant funding in the amount of $400,000
and provide for a one to one match in local funds up to an amount not to exceed $400,000
for the Sunset Point Park project.
•
Temp. Reso # 13628 —June 23, 2021
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•
Section 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
Section 5: If any clause, section, or other part or application of this Resolution is held by
any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall
not affect the validity of the remaining portions or application of this Resolution.
Section 6: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this :t' ' "day of --j(NE' , 2021.
�LZ J( '
ICHELLE J. G
MAYOR
ATTEST:
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J=N ER J H , CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: V/M VILLALOBOS No
DIST 4: COMM. PLACKO J
I HEREBY CERTIFY that I have
approved this Resolution as
to form.
t),Hp4 RA. HOREN,EYJR.
Temp. Reso. #13628 - Exhibit A
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes:
1. Project Title(Project): Agreement Number:
Sunset Point Park LW728
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 (Department)
Grantee Name: City of Tamarac Entity Type:
Local Government
Grantee Address: 7525 NW 88th Avenue,Tamarac,FL 33321-2401 FED: 59-1039552
(Grantee)
3. Agreement Begin Date: Date of Expiration:
upon execution December 31,2023
4. Project Number.LW728 Project Location(s):
(If different from Agreement Nmnber) 11000 W.McNab Rd.,Tamarac,FL 33321-9216
Project Description:Development of a new nature/study observation boardwalk,ADA trail,installation
of landscaping and lighting,and renovation of a picnic facility.
5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Source(s):
$400,000.00 0 State ®Federal Line Item No.1727,GAA,FY 2020-2021 $400,000.00
0 State ❑Federal
Grantee Match $400,000.00
Total Amount of Funding+Grantee Match,if any: $800,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Angie Bright Name: Maxine Calloway
or successor or successor
Address: 3900 Commonwealth Blvd. Address: 7525 NW 88th Avenue
MS#585 Tamarac,FL 33321-2401
Tallahassee,FL 32399
Phone: 850-245-2501 Phone: 954-597-3530
Email: angie.bright@floridadep.gov Email: Maxine.Calloway@tamarac.org
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
® Attachment 1:Standard Terms and Conditions Applicable to All Grants Agreements
® Attachment 2:Special Terms and Conditions
C�J Attachment 3:Grant Work Plan
WI Attachment 4:Public Records Requirements
® Attachment 5: Special Audit Requirements
WI Attachment 6:Program-Specific Requirements
® Attachment 7: LW728 Grant Award Terms(Federal)*Copy available at httos://facts.tiffs.com in accordance with§215.985,F.S.
• Attachment 8:Federal Regulations and Terms(Federal)
O Additional Attachments(if necessary):
WI Exhibit A:Progress Report Form
O Exhibit B:Property Reporting Form
Exhibit C:Payment Request Summary Form
❑ Exhibit D: Quality Assurance Requirements for Grants
O Exhibit E:Advance Payment Terms and Interest Earned Memo
O Additional Exhibits(if necessary):
DEP Agreement No. LW728 Rev.6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Number(s)(FAIN): P20AP00467
Federal Award Date to Department: 1/1/21
Total Federal Funds Obligated by this Agreement: $400,000.00
Federal Awarding Agency: National Park Service
Award R&D? ❑ Yes ON/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below,whichever is later.
City of Tamarac GRANTEE
Grantee Nam By �G�j
� Y v `
(Authorized Signature) Date Signed
Michael C. Cernech, City Manager
'Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee Date Signed
Callie DeHaven, Director, Division of State Lands
Print Name and Title of Person Signing
❑ Additional signatures attached on separate page.
APP O ED •
RNEY
DEP Agreement No. LW728
Rev.6/20/18
• STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1,Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties,including all notices,shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways,the notice will be considered
delivered at the earliest delivery time.
• c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended,through a formal amendment or a change order,only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements;(3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent(20%)of the total budget as last approved by Department. A
change order to this Agreement may be used when: (1)task timelines within the current authorized Agreement
period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment
3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;(3)
changing the current funding source as stated in the Standard Grant Agreement;and/or(4)fund transfers between
budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide
for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions.The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
• making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
Attachment 1
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Rev.3/4/2021
5. Performance Measures. •
The Grantee warrants that: (1)the services will be performed by qualified personnel;(2)the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5)its
employees,subcontractors,and/or subgrantees shall comply with any security and safety requirements and processes,
if provided byDepartment,for work done at the Locations .The Department re
serves o ProjectO p the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment.The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding,within a reasonable time at Grantee's expense.If Department's Grant Manager does not accept the
deliverables within 30 days of receipt,they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant
Work Plan,as incomplete,inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory
performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense.Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional time within which Grantee may remedy the objections noted by Department.The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions,the State of Florida(State)reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPs must be able to be implemented and performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten(10)days of receipt of a CAP,Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted,Grantee shall have ten(10)days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten(10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement.In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps,or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement. •
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Rev.3/4/2021
8. Payment.
a. Payment Process.Subject to the terms and conditions established by the Agreement,the pricing per deliverable
established by the Grant Work Plan,and the billing procedures established by Department,Department agrees
to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).
b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee,
however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department.The Grantee shall not use Department's exemption number in securing such materials.The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an
amendment,is described in the Standard Grant Agreement.Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs.The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement,costs must be in compliance with laws,rules,and regulations applicable to expenditures of State
funds, including, but not limited to,the Reference Guide for State Expenditures,which can be accessed at the
following web address:
https://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateE xpenditures.pdf.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
• g. Final Payment Request.A fmal payment request should be submitted to Department no later than sixty(60)days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates.All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
www.myfloridacfo.com/Division/AA/Vendors/default.htm.
j. Refund of Payments to the Department.Any balance of unobligated funds that have been advanced or paid must
be refunded to Department.Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds
and the Department is required to refund the federal government,the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following
conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved,position classification,direct salary rates, and hours spent
on the Project in accordance with Attachment 3,Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers,all multipliers used(i.e.,fringe benefits,overhead,indirect,and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit,Grantee shall be required to reimburse such funds to Department within thirty(30)days of
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written notification.Interest shall be charged on the excessive rate.
Attachment 1
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c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates)shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit,Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing$5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,F.S.,and
Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73,F.A.C.,as applicable.The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement,if any,impose this requirement,in writing,on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract.The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has •
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing
$5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B,Property Reporting Form.
f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses,reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of
receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department
shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments,on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting •
period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting
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• period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement,the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty(30)days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2,Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to,failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors,if any,to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
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b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department,Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-
insured authorization,or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
e. Insurance Trust.If the Grantee's insurance is provided through an insurance trust,the Grantee shall instead add
the Department of Environmental Protection,its employees,and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience.When it is in the State's best interest,Department may,at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days'written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated.The Grantee must submit all invoices for
work to be paid under this Agreement within thirty(30)days of the effective date of termination. The
Department shall not pay any invoices received after thirty(30)days of the effective date of termination.
b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement.If,after termination,it is determined that Grantee was not in default,or that
the default was excusable,the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department.The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
• c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination
unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and
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to the extent specified,in the notice. However,Grantee shall continue work on any portion of the Agreement •
not terminated. If the Agreement is terminated before performance is completed,Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation,
or termination of the Agreement,Grantee shall continue to provide Department with those services for which it
has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination.Expiration,or Cancellation of the Agreement.If services provided
under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination,except as
necessary to complete the transition or continued portion of the Agreement,if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including,any of
the events of default,Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such,made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete,or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory,regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials,or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate
assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
The Department may,in its sole discretion,suspend any or all activities under the Agreement,at any time,when it is
in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars
of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints,declaration
of emergency,or other such circumstances. After receiving a suspension notice,Grantee shall comply with the notice. •
Within 90 days,or any longer period agreed to by the parties,Department shall either: (1)issue a notice authorizing
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• resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any.delay Grantee believes is excusable,Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages,other than for an extension of time,shall be asserted against Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed,in whole or in part,due to any of the causes described in this paragraph,after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines,in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may:(1)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
to Department with icspect to products subjected to allocation; (2)contract with other sources(without recourse to
and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject
of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or
• in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions,damages,and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee:(1)written notice of any action or threatened action;(2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost,expense,or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a_ and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
• no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement.Such liability is further limited to a cap of$100,000.
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20. Remedies. •
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may,in addition to
other remedies available to it,at law or in equity and upon notice to Grantee,retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid,proposal,or reply on a
contract with a public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor •
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals,or replies
on leases of real property to a public entity;may not be awarded or perform work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors,or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity,at(850)487-0915.
23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole 1111
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• option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option if the Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section
287.058(6),F.S.,during the term of any executed agreement between Grantee and the State,Grantee may lobby the
executive or legislative branch concerning the scope of services,performance,term,or compensation regarding that
agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S.
26. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The
Department,the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized
State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include,but shall not be limited to,Grantee's business or financial
• records,documents,or files of any type or form that refer to or relate to Agreement.The Grantee shall retain such
records for the longer of(1)three years after the expiration of the Agreement;or(2)the period required by the
General Records Schedules maintained by the Florida Department of State(available at:
http://dos.myflorida.com/li brary-archives/records-management/general-records-schedules/).
27. Audits.
a. Inspector General. The Grantee understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the
inspector general in any investigation, audit, inspection,review,or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement,in writing,on its sub-grantees and/or subcontractors,respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance(federal and/or state)
identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance,Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether
the relationship represents that of a subrecipient or vendor.For State fmancial assistance,Grantee shall utilize the
• form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
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number DFS-A2-NS)that can be found under the "Links/Forms" section appearing at the following website: •
https:\\apps.fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30)days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department,the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s)the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department,from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s)the payment(s) are recovered by Grantee to the date repayment is •
made to Department.
iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may,for cause,require the replacement of any Grantee employee,subcontractor,or agent. For
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may,for cause,deny access to Department's secure information or any facility by any Grantee
employee,subcontractor,or agent.
d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused by •
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both
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• Grantee and the subcontractor(s),and without the fault or negligence of either,unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect,Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. Survival.
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation,the obligations regarding confidentiality,proprietary interests, and
public records,shall survive termination,cancellation,or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee,its
agents,servants,and employees,nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third-
party rights.Further,no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions
are severable to that void provision,and shall remain in full force and effect.
35. Grantee's Employees,Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications.Upon request,Grantee shall furnish a copy of
technical certification or other proof of qualification.All employees,subcontractors,or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
• controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell,assign,or transfer any of its rights, duties, or obligations under the Agreement,or under
any purchase order issued pursuant to the Agreement,without the prior written consent of Department.In the event
of any assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly
waives such secondary liability.The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Compensation Report.
If this Agreement is a sole-source,public-private agreement or if the Grantee,through this agreement with the State,
annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the
Grantee shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation for
the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash
equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports.All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Giautee.
38. Execution in Counterparts and Authority to Sign.
This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
•
Attachment 1
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STATE OF FLORIDA 4111
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.LW728
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is Sunset Point Park.The Project is defined in more detail in Attachment
3,Grant Work Plan.
2. Duration.
a. Reimbursement Period.The reimbursement period for this Agreement begins on or after April 16,2021,
through the Project Completion Date.
b. Extensions.There are extensions available for this Project.
c. Service Periods.Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation.This is a cost reimbursement Agreement.The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing.Invoicing will occur after approval of the final delivereable(s).
c. Advance Pay.Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements. •
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match Category
• ® Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
® ® a. Fringe Benefits,which shall be calculated at the rate of 40%of direct
salaries.
® ® b. Indirect Costs,which shall be calculated at the rate of 15%of direct
costs.
• ® Contractual(Subcontractors)
❑ ❑ Travel,in accordance with Section 112,F.S.
❑ ❑ Equipment
Rental/Lease of Equipment
® Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
This Agreement requires at least a fifty percent(50%)non-federal match from the Grantee towards the work funded
under this Agreement. Therefore,the Grantee is responsible for providing$400,000.00 towards the Project funded
under this Agreement. It is understood that any additional funds necessary for the completion of this project are the •
responsibility of the Grantee.
Attachment 2
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Rev.8/10/2020
•
All required matching funds shall meet the federal requirements established in 2 CFR § 200.306 and other federal
statutory requirements,as applicable. Grantee acknowledges and agrees to provide eligible match types as set forth
in the LWCF Federal Financial Assistance Manual https:;%www.nps.gov./subjects/Iwcfilwcf-manual.htm). Grantee
acknowledges and agrees not to provide ineligible match sources,including real property acquired or funds obtained
from any of the following sources:
a. Florida Recreation Development Assistance Program(FRDAP),Recreation Trails Program(RIP),and LWCF;
b. Donated value of real property acquired prior to Department approval or through Land and Water Conservation
Fund;and
c. Other state or federal grant or land acquisition programs such as: legislative special interest projects, Save Our
Coast Program, Preservation 2000, Florida Forever, Conservation and Recreation Lands Program, Save Our
Rivers Program,and Land Acquisition Trust Fund.
Real property donated as all,or part of the Grantee's required match must be appraised prior to commencement of
the Project. Pursuant to subsection 62D-5.071(9),F.A.C.,the Grantee shall submit appraisal(s),obtained at its own
expense and prepared in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions
("UASFLA"). The appraisal must establish the fair market value of the Project site.Property appraised at$500,000
or less requires one(1)appraisal. Property exceeding$500,000 in appraised value requires a second appraisal. The
appraisal(s)shall be dated no earlier than six(6)months prior to the closing date of the LWCF application
submission period. The appraisal must be prepared by an appraiser on the list of approved appraisers maintained by
the Department's Division of State Lands under the provisions of Sections 253.025(6)(b),259.041(7)(c),F.S.,and
Rule 18-1.007,FA.C.Property value is based on the purchase price or appraised value,whichever is lower;if two
(2)appraisals are required,the property value is lowest of the two appraisals or the purchase price. Appraisal costs
shall not be reimbursed under the terms and conditions of this Agreement. If the negotiated purchase price or
approved appraised value is greater than the annual appropriation by USDOI,NPS and the Florida Legislature,the
Grantee must pay the additional cost.
• 8. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the
laws of Florida.Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement,however the minimum insurance requirements applicable to this Agreement are:
a. Comprehensive General Liability Insurance.
The Grantee shall provide adequate comprehensive general liability insurance coverage and hold such
liability insurance at all times during the Agreement.The minimum limits shall be$200,000 for each
person and$300,000 per occurrence.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis.The minimum limits shall be as follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers'Compensation.
The Grantee shall comply with the workers' compensation requirements of Chapter 440,F.S.
d. Other Insurance.None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
• Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of
the Agreement.
Attachment 2
2 of 3
Rev.8/10/2020
•
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval.
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be
performed under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Additional Terms.
None.
•
•
Attachment 2
3 of 3
Rev.8/10/2020
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
IIIPublic Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds$35,000.00,and if Grantee is acting on behalf of Department in its performance of services
under the Agreement,Grantee must allow public access to all documents,papers,letters,or other material,regardless
of the physical form,characteristics,or means of transmission, made or received by Grantee in conjunction with the
Agreement(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section 119.07(1),F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable.
For the purposes of this paragraph,the term"contract"means the"Agreement." If Grantee is a"contractor"as
defined in section 119.0701(1)(a),F.S.,the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request,provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119.10,F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract,transfer,at no cost,to Department all Public Records in possession of the contractor
• or keep and maintain Public Records required by Department to perform the service.If the contractor transfers all
Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract,the contractor shall meet all applicable
requirements for retaining Public Records.All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records,in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word,Outlook,Adobe,or Excel,and any software formats the
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services@floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
III
Attachment 4
I of
Rev.4/27/2018
STATE OF FLORIDA •
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP"or"Grantor" or other name in the agreement)to the recipient(which may be
referred to as the "Recipient", "Grantee"or other name in the agreement)may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff,limited scope audits as defined by 2 CFR 200.425,or other procedures.By
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit.The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer(CFO)or Auditor General.
AUDITS
PART I:FEDERALLY FUNDED •
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
1. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT 1 to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503.An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements,the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
internet at www.cfda.Eov
•
Attachment 5
1 of 6
BGS-DEP 55-215 revised 12/14/2020
• PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2),Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year,the
recipient shall consider all sources of state financial assistance,including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes,is not required. In the event that the recipient expends less than$750,000 in state fmancial
assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section
215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost
• of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access
the Florida Single Audit Act website located at https://apos.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cftn, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.comland the Auditor General's Website at
http:/iwww.myflorida.com/audgen/.
PART III:OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements,and required by PART I of this form shall be submitted,when required by 2 CFR 200.512,by
or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by
2 CFR 200.5 1Federal Audit Clearinghouse),at the followingaddress:
§ 0 (a)should be submitted to the gh ),
Attachment 5
2 of 6
BGS-DEP 55-215 revised 12/14/2020
•
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.govifacweb;'
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@)dep.state.fl.us
B. The Auditor General's Office at the following address: •
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
111 West Madison Street
Tallahassee,Florida 32399-1450
The Auditor General's website(http://flauditor.gov/)provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit(ei dep.state.fl.us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97,F.S., and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and
for-profit organizations),Rules of the Auditor General,as applicable.
1111
Attachment 5
3 of 6
BGS-DEP 55-215 revised 12/14/2020
• 5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities)and 10.650 (non and for-profit organizations),Rules of the Auditor General, should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V:RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five(5)years from the date the audit report is issued,and shall allow the Department of
Environmental Protection,or its designee, Chief Financial Officer,or Auditor General access to such records upon
request.The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection,or its designee,Chief Financial Officer,or Auditor General upon request for a period of three(3)years
from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection.
Attachment 5
4 of 6
BGS-DEP 55-215 revised 12/14/2020
•
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STATE OF FLORIDA •
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM SPECIFIC REQUIREMENTS
LAND AND WATER CONSERVATION FUND PROGRAM
ATTACHMENT 6
1. Project Submittal Forms.
Grantees can find the Administrative Forms,Reimbursement Forms,and Guidelines referenced in this Agreement at
https://floridadep.govilands/land-and-recreation-grants/content/lwcf-assistance, or by contacting the Department's
Grant Manager.
2. Notice to Commence.
Prior to starting the Project, the Grantee will provide to the Department all documentation listed on the
Commencement Documentation Checklist, DRP-122. Once the commencement documentation is approved, the
Department will issue a written"Notice to Commence"to the Grantee.The Grantee MAY NOT proceed until the
Department issues a "Notice to Commence." Until the Department issues the "Notice to Commence," the
Department is not obligated to reimburse Grantee for fees,costs,or general expenses of any kind.
3. Site Plans.
Project site facilities must be attractive for public use and compatible with the environment.Plans and specifications
for Project site improvements and facilities must be in accordance with current engineering and architectural standards.
Grantees should emphasize the health and safety of users,accessibility to the general public,and the protection of the
recreational and natural values of the area. A Grantee may alter a conceptual site plan only after written approval
by the Department and National Park Service(NPS). All utility lines installed within the Project site must be
placed underground. •
The Grantee shall have final site plans(site,engineering, and architectural)prepared for the Project and sealed by a
registered architect or engineer licensed in accordance with the laws of the State of Florida(collectively the"Project
Plans"). The Grantee must deliver a complete original,signed,and sealed set of the Project Plans to the Department.
4. The following supplements paragraph 2.d.,Attachment 1,Standard Terms and Conditions:
The Department may, and in certain circumstances the NPS must, approve any changes to this Agreement. The
Grantee may submit a request for an amendment to the Department's Grant Manager,who will determine whether the
request requires NPS approval. This Agreement may be amended to provide for additional services if additional
funding is made available by USDOI,NPS,and the Florida Legislature.
5. The following paragraphs is added to paragraph 2,Attachment 1,Standard Terms and Conditions:
£ The costs must meet all requirements and financial reporting of the LWCF Program and rules and regulations
applicable to expenditures of federal and state funds. These rules and regulations are hereby adopted and
incorporated by reference.
g. This Agreement is not transferable.
6. The following replaces paragraph 8.d,Attachment 1,Standard Terms and Conditions:
d. Reimbursement for Costs.
Project costs will be reimbursed as provided in paragraph 62D-5.073(2)(a),F.A.C.,the LWCF Manual, and in
the Project Agreement Project costs must be incurred between the effective date of this Agreement and the
Project Completion Date. The Grantee will be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of all deliverables identified in the Grant Work Plan.
Reimbursement must be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, cost(s) must meet all LWCF requirements, financial reporting requirements, and rules and
regulations applicable to expenditures of state funds,including,but not limited to,the Reference Guide for State
Expenditures, which can be accessed at the following web address:
haps:, ww.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pd£ If •
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• the total cost of the Project exceeds the grant amount and the required match,the Grantee must pay the excess
cost.
7. The following paragraph is added to paragraph 8,Attachment 1,Standard Terms and Conditions:
k. Cost Limits. Pursuant to paragraph 62D-5.073(2)(b), F.A.C., project planning expenses, such as application
preparation,surveys(boundary and topographic),title searches,project signs,architectural and engineering fees,
permitting fees,project inspection fees,and other similar fees are eligible Project costs provided that they do not
exceed fifteen percent(15%)of the total Project cost.
8. The following replaces paragraph 8.h,Attachment 1,Standard Terms and Conditions:
h. Annual Appropriation Contingency. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Florida Legislature and the availability of funding
and grants from the USDOI and NPS. This Agreement is not a commitment of future appropriations.
Authorization for continuation and completion of work and any associated payments may be rescinded, with
proper notice, at the discretion of the Department if USDOI, NPS, and/or the Florida Legislature reduces or
eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to
the availability of LWCF Program Funds.
9. The following replaces paragraph 10,Attachment 1,Standard Terms and Conditions:
Status Reports.
a. The Grantee must utilize Project Status Report Form, DRP-109, available online and incorporated herein by
reference, to describe the work performed during the reporting period, problems encountered, problem
resolutions,and to schedule updates and proposed work for the next reporting period. The Project Status Reports
must be submitted to the Department's Grant Manager no later than January 5,May 5, and September 5. The
Department's Grant Manager has thirty (30) calendar days to review the required reports and deliverables
submitted by the Grantee.
• b. Additionally,the Grantee shall comply with the reporting and inventory requirements set forth in the Statewide
Comprehensive Outdoor Recreation Plan(SCORP),available online: https:l/floridadep.gov/parks/florida-scorp-
outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation
Inventory(FORI)system(https:lfloridadep.4ov/parks.%florida-outdoor-recreation-inventory).
10. Site Dedication.
The interest in land developed or acquired by the Grantee with LWCF Program Funds shall be subject to the site
dedication requirements set forth in Chapter 62D-5, F.A.C. and of the LWCF Act, specifically Section 6(f)(3), as
codified in 36 CFR§593. Pursuant to the LWCF Act and general requirements of the LWCF Program,land owned
by the Grantee that is developed or acquired with LWCF Program Funds shall be dedicated in perpetuity as an outdoor
recreation site for the use and benefit of the public. Land that is leased from the federal government or another public
agency by Grantee must include safeguards to ensure the perpetual use requirement contained in the LWCF Act.
Safeguards include such things as joint sponsorship of the Project or an agreement between the Parties that the lessor
will assume compliance responsibility for the Project site in the event of default by the lessee(Grantee)or termination
or expiration of the lease. Execution of this Agreement by the Department constitutes an acceptance of a Project
site(s)dedication on behalf of the public of the State of Florida. These dedications must be recorded in the county's
public property records by the Grantee in accordance with subsection 62D-5.074(1),F.A.C.
11. Management of Project Sites.
a. Site Inspections. Department staff will periodically inspect LWCF Projects to ensure compliance with
subsections 62D-5.074(1)-(3), F.A.C., and section 675.9 of the LWCF manual. Grantees must ensure by site
inspections that the property acquired or developed through the LWCF is being operated and maintained for
outdoor recreation purposes.
b. Management. All projects must be open at reasonable times and be managed in a safe and attractive manner
appropriate for public use.Facilities must be kept in reasonable repair for a minimum of 25 years from the date
set forth on the project completion certificate to prevent undue deterioration.
c. Non-Compliance.Before a project is closed,the Department and the NPS have the right to terminate a project
agreement and demand return of the program funds for non-compliance by a grantee. Failure by a grantee to
• comply with the Agreement will result in the Department declaring the grantee ineligible for further participation
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in LWCF until the Grantee comes into compliance as determined by the Department under this rule and the LWCF •
Manual.
d. Survival. This provision shall survive termination,cancellation,or expiration of this Agreement.
12. Procurement Requirements for Grantee.
The Grantee must secure all goods and services for the Project according to its adopted procurement procedures.
13. Project Completion Certification.
Project completion means the Project is open and available for use by the public.To certify completion,the Grantee
will submit to the Department the Project Completion Certification, DRP-126, available online and incorporated
herein by reference.The Project must be designated complete prior to the Department releasing final reimbursement.
14. Signage.
Grantee must erect a permanent information sign on the Project site that credits funding,or a portion thereof,to the
Florida Department of Environmental Protection and the Land and Water Conservation Fund Program. Use of the
LWCF Logo on the permanent Project signs is required. Grantee is encouraged to position signage acknowledging
LWCF assistance at entrances to outdoor recreation sites, at other appropriate on-site locations, and in folders and
park literature.The acknowledgement of LWCF assistance will be checked during compliance inspections. The sign
must be installed on the Project site and approved by the Department before the final Project reimbursement request
is processed. The required LWCF Logo, LWCF Terms of Use, and sample sign are available online:
https://floridadep.gov/lands/land-and-recreation-grants/content/land-and-water-conservation-fund-program. This
provision shall survive termination,cancellation,or expiration of this Agreement.
15. Termination and Ineligibility.
In addition to the remedies provided elsewhere in this Agreement,if the Grantee fails to comply with the terms stated
in this Agreement or with any provisions in Rule Chapter 62D-5, F.A.C., the Department will terminate this
Agreement and demand return of the LWCF program funds(including interest). Furthermore,the Department will
declare the Grantee ineligible for further participation in LWCF until the Grantee is in compliance pursuant to •
subsection 62D-5.074(4),F.A.C.Further,the Grantee agrees to ensure that all necessary permits are obtained prior to
implementing any Grant Work Plan activity that may fall under applicable federal,state,or local laws.This provision
shall survive termination,cancellation,or expiration of this Agreement.
16. Conversion.
This Project site acquired and/or developed with LWCF assistance must be retained and used for public outdoor
recreation.This Project site so acquired and/or developed may not be wholly or partly converted to other than public
outdoor recreation uses without the written approval of the NPS pursuant to the conversion provisions of Section
6(f)(3)of the LWCF Act,36 CFR Part 59,the LWCF Manual, and all other applicable regulations.All conversion
provisions and guidelines apply to each area or facility for which LWCF assistance is obtained,regardless of the extent
of participation of the Project in the assisted area or facility and consistent with the contractual agreement between
USDOI,NPS,and the State of Florida.
Should Grantee convert all or part of the Project site to other than public outdoor recreational uses, the Grantee is
required to replace the area, facilities, resource, or Project site at its own expense with an acceptable project of
comparable or greater value,scope,and quality pursuant to LWCF mandates.All conversions require amendments to
the original Project agreement(36 CFR§59.3(c)).Therefore,amendment requests should be submitted concurrently
with conversion requests. Project boundary maps must be submitted with the amendment request to identify the
changes to the original area caused by the proposed conversion and to establish a new Project area pursuant to the
substitution.Once conversion has been approved,replacement property should be immediately acquired. When it is
not possible for replacement property to be acquired immediately,an express commitment to satisfy Section 6(f)(3)
substitution requirements with a specified period,normally not to exceed one(1)year following conversion approval,
is required. This commitment will be in the form of an amendment to the original Agreement. This provision shall
survive termination,cancellation,or expiration of this Agreement.
•
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• ATTACHMENT 8
Contract Provisions for DOI-Funded Agreements
The Department, as a Non-Federal Entity as defined by 2 CFR §200.69, shall comply with the following
provisions, where applicable. For purposes of this Grant Agreement between the Department and the
Grantee,the term"Recipient"shall mean"Grantee."
Further,the Department,as a pass-through entity,also requires the Grantee to pass on these requirements to
all lower tier subrecipients,and to comply with the provisions of the award,including applicable provisions
of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions. Therefore,
Grantees must include these requirements in all related subcontracts and/or sub-awards. Grantees can include
these requirements by incorporating this Attachment in the related subcontract and/or sub-awards,however
for all such subcontracts and sub-awards,the Grantee shall assume the role of the Non-Federal Entity and the
subrecipients shall assume the role of the Recipient.
2 CFR PART 200 APPENDIX 2 REQUIREMENTS
1. Administrative,Contractual,and Legal Remedies
The following provision is required if the Agreement is for more than$150,000. In addition to any of the
remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms
and conditions of this Contract,including any Federal or State statutes,rules or regulations,applicable to this
Contract,the Non-Federal Entity may take one or more of the following actions.
i. Temporarily withhold payments pending correction of the deficiency by the
Recipient.
ii. Disallow(that is,deny both use of funds and any applicable matching credit for)
all or part of the cost of the activity
or action not in compliance.
•
iii. Wholly or partly suspend or terminate this Contract.iv. Take other remedies that may be legally available.
The remedies identified above,do not preclude the Recipient from being subject to debarment and suspension
under Presidential Executive Orders 12549 and 12689. The Non-Federal entity shall have the right to demand
a refund,either in whole or part,of the funds provided to the Recipient for noncompliance with the terms of
this Agreement.
2. Termination for Cause and Convenience
Termination for Cause and Convenience are addressed elsewhere in the Agreement.
3. Equal Opportunity Clause
The following provision applies if the agreement meets the definition of"federally assisted construction
contract"as defined by 41 CFR Part 60-1.3:
During the performance of this Agreement,the Recipient agrees as follows:
i. The Recipient will not discriminate against any employee or applicant for employment
because of race,color,religion,sex,sexual orientation,gender identity,or national origin.
The Recipient will take affirmative action to ensure that applicants are employed,and
that employees are treated during employment without regard to their race,color,religion,
sex,sexual orientation,gender identity,or national origin. Such action shall include,but not
be limited to the following:
a. Employment,upgrading,demotion,or transfer;recruitment or recruitment advertising;
layoff or termination;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The Recipient agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided setting
forth the provisions of this nondiscrimination clause.
ii. The Recipient will,in all solicitations or advertisements for employees placed by or on behalf
of the Recipient,state that all qualified applicants will receive consideration for employment
without regard to race,color,religion,sex,sexual orientation,gender identity,or national
origin.
iii. The Recipient will not discharge or in any other manner discriminate against
• any employee or applicant for employment because such employee or applicant has inquired
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about,discussed,or disclosed the compensation of the employee or applicant or •
another employee or applicant.This provision shall not apply to instances in which
an employee who has access to the compensation information of
other employees or applicants as a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information,unless such disclosure is in response to a formal complaint
or charge,in furtherance of an investigation,proceeding,hearing,or action,including an
investigation conducted by the employer,or is consistent with the Recipient's legal duty to
furnish information.
iv. The Recipient will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other Agreement or understanding,a notice to be provided
advising the said labor union or workers'representatives of the Recipient's commitments
under this section,and shall post copies of the notice in conspicuous places available
to employees and applicants for employment.
v. The Recipient will comply with all provisions of Executive Order 11246 of September 24,
1965,and of the rules,regulations,and relevant orders of the Secretary of Labor.
vi. The Recipient will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or
pursuant thereto,and will permit access to his books,records,and accounts by
the administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules,regulations,and orders.
vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules,regulations,or orders,this Agreement may be
canceled,terminated,or suspended in whole or in part and the Recipient may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and
such other sanctions may be imposed and remedies invoked as provided in Executive Order 4111
11246 of September 24, 1965,or by rule,regulation,or order of the Secretary of Labor,or as
otherwise provided by law.
viii.The Recipient will include the portion of the sentence immediately preceding paragraph(1)
and the provisions of paragraphs(1)through(8)in every subcontract or purchase order unless
exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding
upon each subcontractor or vendor.The Recipient will take such action with respect to
any subcontractor purchase order as the administering agency may direct as a means of
enforcing such provisions,including sanctions for noncompliance.
4. Davis Bacon Act
If the Agreement is a prime construction contract in excess of$2,000 awarded by the Recipient,and if
required by the Federal Legislation,the Recipient must comply with the Davis-Bacon Act(40 U.S.C.3141-
3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,"Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In
accordance with the statute,contractors must pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,
contractors must pay wages not less than once a week. The Recipient must comply with the Copeland
"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part
3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States").The Act provides that each Recipient or subrecipient must be
prohibited from inducing,by any means,any person employed in the construction,completion,or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act
Where applicable,if the Agreement is in excess of$100,000 and involves the employment of mechanics or
laborers,the Recipient must comply with 40 U.S.C.3702 and 3704,as supplemented by Department of
Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each Recipient must be required to
compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work
in excess of the standard work week is permissible provided that the worker is compensated at a rate of not •
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• less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market,or contracts for transportation or transmission of
intelligence.
6. Rights to Inventions Made Under Agreement
If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the Non-
Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties,assignment or performance of experimental,
developmental,or research work under that"funding agreement,"the Non-Federal Entity or subrecipient
must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
7. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387)
If the Agreement is in excess of$150,000,the Recipient shall comply with all applicable standards,orders
or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water
Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal
Awarding Agency and the Regional Office of the Environmental Protection Agency(EPA).
8. Debarment and Suspension(Executive Orders 12549 and 12689)
The Recipient certifies that it is not listed on the govemmentwide exclusions in the System for Award
Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment
and Suspension."
9. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)
• The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency,a member of
Congress,officer or employee of Congress,or an employee of a member of Congress in connection with
obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.If applicable,the
Recipient shall disclose any lobbying with non-Federal funds that takes place in connection with obtaining
any Federal award,using form SF-LLL,available at:
https://applv07.grants.uov/apply/forms/sample/SFLLL 1 2 P-V 1.2.pdf.
10. Procurement of Recovered Materials
The Recipient must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the
Resource Conservation and Recovery Act as described in 2 CFR part 200.322.
11. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
The Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to
procure or obtain;extend or renew a contract to procure or obtain;or enter into a contract(or extend or
renew a contract)to procure or obtain equipment,services,or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any system,or as
critical technology as part of any system. See Section 889 of Public Law 115-232(National Defense
Authorization Act 2019).Also,see 2 CFR 200.216 and 200.471.
12. Domestic Preferences for Procurement
The Recipients and subrecipients must to the greatest extent practical give preference to the purchase,
acquisition,or use of goods,products,or materials produced in the United States in accordance with 2 CFR
200322.
ADMINIS I RATIVE
1. General Federal Regulations
Recipients shall comply with the regulations listed in 2 CFR 200,48 CFR 31,and 40 U.S.C. 1101 et
sequence.
2. Rights to Patents and Inventions Made Under a Contract or Agreement
•
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Rights to inventions made under this assistance agreement are subject to federal patent and licensing •
regulations,which are codified at Title 37 CFR Part 401 and Title 35 U.S.C.200 through 212.
3. Compliance with the Trafficking Victims Protection Act of 2000(2 CFR Part 175)
Recipients,their employees,subrecipients under this award,and subrecipients'employees may not:
i.Engage in severe forms of trafficking in persons during the period of time that the award is in
effect;
ii.Procure a commercial sex act during the period of time that the award is in effect;or
iii.Use forced labor in the performance of the award or subawards under the award.
4. Section 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234)
Recipients must comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973(P.L.93-234),if applicable. This act requires recipients in a special flood hazard area
to participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is$10,000 or more.
5. Water Resources Reform and Development Act(WRRDA)P.L. 113-121
Recipients must comply with the Water Resources Reform and Development Act(WRRDA)P.L. 113-121,
if applicable. This act provides for improvements to the rivers and harbors of the United States,to provide
for the conservation and development of water and related resources.
6. Whistleblower Protection
Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee
Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective
December 14,2016 has been permanently extended(Public Law(P.L.) 114-261).
(a)This award,related subawards, and related contracts over the simplified acquisition threshold
and all employees working on this award, related subawards, and related contracts over the
simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot
program on award recipient employee whistleblower protections established at 41 U.S.C.4712 by
section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239).
(b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified •
acquisition threshold related to this award, shall inform their employees in writing, in the
predominant language of the workforce,of the employee whistleblower rights and protections under
41 U.S.C.4712.
(c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in
contracts over the simplified acquisition threshold related to this award;best efforts should be made
to include this clause,including this paragraph(c)in any subawards and contracts awarded prior to
the effective date of this provision.
7. Notification of Termination(2 CFR$200.340)
In accordance with 2 CFR§200340, in the event that the Agreement is terminated prior to the end of the
period of performance due to the Recipient's or subcontractor's material failure to comply with Federal
statutes,regulations or the terms and conditions of this Agreement or the Federal award,the termination shall
be reported to the Office of Management and Budget(OMB)-designated integrity and performance system,
accessible through System for Award Management(SAM)currently the Federal Awardee Performance and
Integrity Information System(FAPIIS). The Non-Federal Entity will notify the Recipient of the termination
and the Federal requirement to report the termination in FAPIIS. See 2 CFR§200.340 for the requirements
of the notice and the Recipient's rights upon termination and following termination.
8. Additional Lobbying Requirements
(a) The Recipient certifies that no funds provided under this Agreement have been used or will be used
to engage in the lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law.
(b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1601 et seg.), prohibits any
organization described in Section 501(c)(4)of the Internal Revenue Code, from receiving federal
funds through an award, grant(and/or subgrant)or loan unless such organization warrants that it
does not,and will not engage in lobbying activities prohibited by the Act as a special condition of
such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made
pursuant to approved revolving loan programs or to contracts awarded using proper procurement
procedures.
•
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(c) Pursuant to 2 CFR§200.450 and 2 CFR§200.454(e),the Recipient is hereby prohibited from using
funds provided by this Agreement for membership dues to any entity or organization engaged in
lobbying activities.
COMPLIANCE WITH ASSURANCES
9. Assurances
Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to
the Federal Government during the Grant application process.
FEDERAL REPORTING REQUIREMENTS
Grant Recipients awarded a new Federal grant greater than or equal to$30,000 awarded on or after October
1,2015,are subject to the FFATA the Federal Funding Accountability and Transparency Act("FFATA")of
2006. The FFATA legislation requires that information on federal awards (federal financial assistance and
expenditures) be made available to the public via a single, searchable website, which is
www.USASpending.gov.The Grantee agrees to provide the information necessary,within one(1)month of
execution,for the Department to comply with this requirement.
DEPARTMENT OF INTERIOR-SPECIFIC
10.Department of Interior(DOI)General Terms and Conditions
Recipients shall comply with DOI General Terms and Conditions available at
httgs:/lwww.doi.gov/pam/programs/financial assistance/TermsandConditions, and incorporated by
reference.
11.DOI Regulations
Recipients shall comply with the following regulations: 2 CFR 1400-1402,43 CFR 9,43 CFR 17,43 CFR
18,43 CFR 41,and 43 CFR 44.
12.Drug-Free Workplace
Recipients must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific
requirements set forth in Title 2 CFR Part 1401. Additionally, in accordance with these regulations, the
• recipients must identify all known workplaces under its federal awards, and keep this information on file
during the performance of the award.
13.Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
As applicable,Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970(P.L.91-646)to provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal
participation in purchases.
14.Deposit of Publications Produced under Grants
Pursuant to Departmental Manual 505 DM4 (DOI) and Service Manual FW1 (USFWS), any grant or
cooperative agreement that will produce a publication(other than those listed as exceptions)must provide
two copies of each publication to the Department of Interior's Natural Resources Library. For a list of
exceptions,transmittal requirements,and delivery information see Departmental Manual 505 DM 4,Deposit
of Publications Produced under Grants at:http://elips.doi.gov/ELIPS/Doc ew.aspx?id-1671.
UNITED STATES FISH&WILDLIFE SERVICE-SPECIFIC
15.USFWS Financial Assistance Award Terms and Conditions
Recipients shall comply with the USFWS Financial Assistance Award Terms and Conditions applicable to
the specific Federal Award funding source,available at https:/'www.fws.gov/grants/atc.html,and
incorporated by reference.
NATIONAL PARKS SERVICE LAND AND WATER CONSERVATION FUND STATE
ASSISTANCE PROGRAM-SPECIFIC
16.LWCF Federal Financial Assistance Manual
As applicable,Recipients shall comply with the LWCF Federal Financial Assistance Manual Effective
October 1,2008,or later,available at httgs://www.nps.gov/subjects/lwcf.%lwcf-manual.htm,and
incorporated by reference.
17.Historic Preservation.
As applicable,Recipients shall comply with Section 106 of the National Historic Preservation Act of 1966,
as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
• Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.).
Attachment 8
5 of 6
Rev.9/9/2020
•
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
•
•
Attachment 8
6 of 6
Rev.9/9/2020
•
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Florida Department of Environmental Protection
EXHIBIT C
• r PAYMENT REQUEST SUMMARY FORM
4'ont■i vc
Required Signatures: hilkettilteliiime
Date:
Grantee Project Name and Number
Billing Period: Billing#:
DEP Division: DEP Program:
Project Costs This Billing Cumulative Project Costs
Contractual Services
DRP-116
Grantee Labor
DRP-117
Employee Benefits
•( %of Salaries)
Direct Purchases: Materials& Supplies
DRP-118
Grantee Stock
DRP-120
Equipment
DRP-119
Land Value
Indirect Costs
(15% of Grantee Labor)
TOTAL PROJECT COSTS $0.00 $0.00
CERTIFICATION: I hereby certify that the above expenses were incurred for the work being
accomplished in the attached progress reports.
Project Administrator Date
CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the
project expenses as reported above and is available for audit upon request.
Project Financial Officer Date
DRP-I 15 (Effective 06-19-2015) Page 1 of I