HomeMy Public PortalAbout2021-46 Accepting a $50,000.00 Florida Recreation for Development Assistance Program Grant for Lake ParkRE SOLUTION NO. 2021-46
A RE SOLUTION OF THE VILLAGE COUN CIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING A
$50,000.00 FLORIDA RE CRE ATION FOR DEVELOPMENT
ASSISTANCE PROGRA M (FRD AP) GRA NT FROM THE
FLORIDA DEPARTM ENT OF ENVIRONMENTAL
PROTECTION (FDEP) FOR IMPROVEM ENTS TO LAKE
PARK AND APPROVING A STANDARD GRA NT
AGRE EM ENT RE LATED TO THE SAME; PROVIDING
FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHERE AS, the Village Council of the Village of Key Biscayne (the "Village") desires
to make improvements to Lake Park, including renovations to the picnic facility and installation
of new landscaping (the "Project"); and
WHERE AS, the Florida Department of Environmental Protection ("FDEP") has allocated
$50,000.00 of grant funding to the Village for the Project under the Florida Recreation for
Development Assistance Program (the "FRDAP Grant"); and
W HERE AS, the Village desires to enter into a Standard Grant Agreement (the
"Agreement") with the FDEP to accept the FRDAP Grant for the Project in substantially the form
attached hereto as Exhibit "A"; and
W HERE AS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THERE FORE , BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Page I of2
Section 2. Acceptance and Approval. That the Village Coun cil hereby accepts the
$50,000.00 FRD AP Grant an d approves the Agreement with FDEP in substantially the form
attached hereto as Exhibit "A."
Section 3. Authorization. That the Village Council hereby authorizes the Village
M an ager to execute the Agreement with FDEP, in substantially the form attached hereto as Exhibit
"A," an d any subsequent amendm ents or related docum ents necessary to implement the
Agreement, subject to the approval by the Village Attorney as to form, content, an d legal
sufficiency.
Section 4.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
ATTEST:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~J~
WE ISS SER OT A HELFMAN COLE & BIERM AN, P .L.
VILLAGE ATTORN EY
Page 2 of2
E X H IB IT 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:
L ak e P ark A2039
2. Parties State of Florida Departm ent of Environm ental Protection,
3900 Com m onwealt h Boulevard
Tallahassee, Florida 32399-3000 (Department)
Grantee Name: Village of Key Biscayne
Grantee Address: 88 West McIntyre, Key Biscayne, FL 33149-1846
Entity Type: a local governm ent
FEID: 65-0291811
Grantee
3. Agreement Begin Date:
upon execution
Date of Expiration:
June 30, 2024
4. Project Number: A 22039
(If diffe re nt ji-0111 Agreem ent Number)
Project Location(s):
N . C lu b D rive, K ey Bi scayne, FL 33149-2008
Project Description:
Renovation of picnic facility and new landscaping.
5. Total Amount of Funding: Funding Source? Award #s or Line Item Appropriations: Amount per Source(s):
$50,000.00 0 State □Federal Line It em No. 1692A , GAA , FY 2021-2022 $50,000.00
D State □Federal
D Grantee Match
Total Amount of Funding+ Grantee Match, if any: $50,000.00
6. Department's Grant Manager
Name: Tam ika Bass
Grantee's Grant Manager
Name: Todd Hofferberth
or successor or successor
Address: 3900 Com m onw ealth Blvd.
M S# 585
Address: 88 W est M cI nty re
Tallahassee, FL 32399 Key Biscayne, FL 33149-1846
Phone: 850-245-2501
Email: tam ika.bass@ floridadep.gov
Phone: 305-365-8901
Email: thofferberth@ keybiscayne.fl.gov
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
db f incorporate ,y re erence:
10 Attachment I: Standard Terms and Conditions Applicable to All Grants Agreements
10 Attachment 2: Special Terms and Conditions
10 Attachment 3: Grant Work Plan
10 Attachment 4: Public Records Requirements
10 Attachment 5: Special Audit Requirements
10 Attachment 6: Program-Specific Requirements
□ Attachment 7: Grant Award Terms (Federal) *Copy available at htti:1s://facts.fldfs.com , in accordance with §215.985, F.S.
D Attachment 8: Federal Regulations and Terms (Federal)
□ Additional Attachments (if necessary):
10 Exhibit A: Progress Report Form
D Exhibit B: Property Reporting Form
li2! Exhibit C: Payment Request Summary Form
D Exhibit D: Quality Assurance Requirements for Grants
□ Exhibit E: Advance Payment Terms and Interest Earned Memo
D Additional Exhibits (ifnecessary):
DEP Agreem ent No. A2039 Rev. 6/20/18
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 l(a)(l):
Federal Award Identification Number(s) (FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
AwardR&D? 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.
Village of Key Biscayne GRA NTEE
Grantee Name
By
(Authorized Signature) Date Signed
Print Name and Title of Person Signing
State of Florida Department of Environmental Protection DEPARTMENT
By
Secretary or Designee
Callie DeHaven, Director, Division of State Lands
Date Signed
Print Name and Title of Person Signing
D Additional signatures attached on separate page.
DEP Agreement No. A2039
Rev. 6/20/18
ST A T E O F FL O RI DA
D EPARTMENT OF ENVIRONMENTAL PROTECTION
STAN DARD TERM S AND CONDITIONS
APPLICABLE TO GRA NT AGREEMENTS
ATTACHMENT 1
1. E ntire Agreem ent.
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. G rant A dm inistration.
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:
1. Standard Grant Agreement
11. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
m. 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. A greem ent D uration.
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.
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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.
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 patty; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery,
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department, The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department 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
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t h e C AP u n t i l a ll d e fi c i e n c i e s a r e c o rr e c t e d . R e p o r t s o n t h e p ro g r e s s o f th e C A P w i ll b e m a d e to
D e p a r t m e n t a s r e q u e s t e d b y D e p a r t m e n t's G ra n t M a n a g e r.
i i i . F a i l u r e t o r e s p o n d to a D e p a rt m e n t r e q u e s t fo r a C A P o r fa i l ur e to c o rre c t a d e fi c ie n c y in th e
p e r fo r m a n c e o f th e A g r e e m e n t a s s p e c ifi e d b y D e p a r tm e n t m a y r e s u lt in te r m i n a t io n o f th e
A g r e e m e n t.
8. Paym ent.
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.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.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 final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
1. 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/ AAN endors/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 Depmtment is required to refund the federal government. the Grantee shall refund the Department its
share of those funds.
9. D ocum entation Required fo r Cost Reim bursem ent Grant Agreem ents and M atch.
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.
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b . O v erh ea d /In d irect/G en era l an d A d m in istra tiv e C o sts. If G ra n tee is b ein g reim b u rsed fo r or cl a im in g m a tch fo r
m u ltip li ers, all m u ltip liers used (i .e ., fr in g e b en efi ts, o v erh ead , in d irect, an d /o r g en era l an d ad m in istra tiv e ra tes)
sh a ll be su p p o rt ed by au d it. If D ep art m en t d eterm in es th at m u lt ip liers ch arg ed by G ra n tee ex c e e d e d th e ra tes
su p p o rted by au d it, G ra n tee sh a ll be requ ired to reim b ur se su ch fu n d s to D e p artm en t w ith in th irty (3 0 ) da y s of
w ritten n o tifi catio n . In terest sh all be ch arg ed on th e ex cessiv e ra te.
c. C o n tra ctu al C o sts (S u b co n tra ctor s). M atch o r reim b u rsem en t req u ests fo r p ay m en ts to su b c o n tra c to rs m u st b e
su b stan tia ted by co p ies of in v o ices w ith b acku p do cu m en tatio n id en ti cal to th a t req u ired fr o m G ra n te e .
Su b co n tr acts w h ich in v o lv e p ay m en ts fo r d irect salaries sh all cl earl y id en tify th e p erso n n e l in v o lv e d , sa la ry ra te
per ho u r, an d h o u rs sp en t on th e P roje ct. A ll elig ib le m u ltip li e rs u se d (i.e ., fr in g e ben efi ts, ov e rh e a d , in d irec t,
an d /o r g en era l an d ad m in istra tiv e ra tes) sh all be su p p o rted b y au d it. 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 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include 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.
1. 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.
11. 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 Eguipment. 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 Eguipment. 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 Acguisition. 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 ofreal 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
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a c q u i r e d p ro p e r t y in t e r e s t a n d/or r ig h t s . 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 R eports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Forni, to Department's Grant Manager describing the work performed during the reporting
period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting
period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
3 I, June 30, September 30 and December 3 I. The Department will review the required reports submitted by
Grantee within thirty (30) days.
11 . R etainage.
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. In surance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
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 . T erm in ation.
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 oftennination.
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
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obli g ations under th is A greem ent. 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 Te1mination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
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. N otice of D efa ult .
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. E vents of D efa ult .
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
1v. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
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16. Suspension of W ork.
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: (I) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force M ajeure.
The Grantee shall not be responsible for delay resulting from its failure to perform ifneither 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 (I) 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
FO REG OI N G SH A LL C O N STITU TE TH E GRA NTEE'S SO LE RE M EDY O R EXCUSE W ITH RESPECT
TO D ELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. In dem nifi cation.
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
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oth erw ise im p o se li ab ility on D ep art m en t fo r w h ich it w o u ld n o t o th erw ise be resp o n sib le . An y pro v isio n ,
im p li c a t i o n o r s u g g e s t i o n t o th e c o n t ra r y is n u ll a n d v o i d .
19. L im itati on of L iabili ty .
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000.
20. R em edies.
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. W aiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. S tatutory N otic es R elating to U nauthoriz ed E m p loym ent and S ubcontracts.
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, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
1. 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.
11. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrnst violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
1v. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrnst
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at (850) 487-0915.
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2 3 . C o m p li an ce w ith F ed eral, S tate a n d L ocal L aw s.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements ..
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287. 135, F.S. Pursuant to
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 I 1.062 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 tenn 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/library-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;
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ii. G ra ntee shall perm it in spection of any fa cility , equipm ent, pra ctices, or opera tion s requ ired in
perfo rm an ce of any w ork pur suant to this A greem ent; and,
m . G ra ntee sh all allow and fa cili tate sam pling an d m on itoring of any substances, soils, m aterials or
para m eters at any locatio n reasonab le or necessary to assur e com p liance w ith any w or k or legal
requ irem ents pur su ant to this A greem ent.
c. Special A udit R equ irem ents. T he G ra ntee shall co m ply w ith the app li cab le pro v ision s con tain ed in A tt achm ent
5, Sp ecial A u dit R equ irem ents. E ach am endm ent that authorizes a fu nding in crease or decrease shall includ e an
upd ated copy of E xh ib it 1, to A ttachm ent 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
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.
1. 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,
111. 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.
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c . T h e D e p a r t m e n t m a y , fo r c a u s e , d e n y a c c e s s to D e p a r tm e n t 's s e c u r e in fo rm a t io n o r a n y fa c ility b y a n y G ra n t e e
e m p l o y e e , s u b c o n tra c t o r , o r a g e n t.
d . T h e D e p a rt m e n t's a c t io n s u n d e r p a ra g ra p h s b . o r c . s h a ll n o t r e lie v e G ra n t e e o f it s o b lig a ti o n to p e r fo rm a ll w o r k
in c o m p li a n c e w it h th e A g r e e m e n t. T h e G ra n t e e s h a ll b e r e s p o n s ib le fo r th e p a y m e n t o f a ll m o n ie s d u e u n d e r a n y
s u b c o n tr a c t. T h e D e p a rt m e n t s h a ll n o t b e li a b l e to a n y s u b c o n tra c t o r fo r a n y e x p e n s e s o r li a b ili t ie s in c u rre d u n d e r
a n y s u b c o n t ra c t a n d G ra n t e e s h a ll b e s o l e ly li a b le to th e s u b c o n tr a c t o r fo r a ll e x p e n s e s a n d li a b ilit ie s in c u rr e d
u n d e r a n y s u b c o n t ra c t.
e . T h e D e p a r t m e n t w ill n o t d e n y G r a n t e e 's e m p lo y e e s , s u b c o n t ra c t o r s , o r a g e n t s a c c e s s to m e e t in g s w it h in th e
D e p a rt m e n t 's fa c ili t ie s , u n l e s s t h e b a s is o f D e p a rt m e n t's d e n ia l is s a fe ty o r s e c ur it y c o n s id e ra tio n s .
f. T h e D e p a rtm e n t s u p p o r t s d i v e r s i ty in it s p ro c u r e m e n t p ro g ra m a n d r e q u e s t s th a t a ll s u b c o n tra c t in g o p p o rt u n it ie s
a ffo r d e d b y th i s A g r e e m e n t e m b ra c e d iv e r s ity e n t h u s ia s t ic a ll y . T h e a w a r d o f s u b c o n tra c t s s h o u ld r e fl e c t th e fu ll
d i v e r s i ty o f th e c i t iz e n s o f th e S t a t e . A li s t o f m in o r ity -o w n e d fi r m s th a t c o u ld b e o ffe r e d s u b c o n tra c t in g
o p p o r t u n it i e s m a y b e o b t a in e d b y c o n t a c t in g th e O ffi c e o f S u p p lie r D iv e r s ity a t (8 5 0 ) 4 8 7 -0 9 1 5 .
g . T h e G ra n t e e s h a ll n o t b e lia b l e fo r a n y e x c e s s c o s t s fo r a fa ilu r e to p e rf o rm , if th e fa ilu r e to p e r fo r m is c a u s e d b y
t h e d e fa u lt o f a s u b c o n tra c t o r a t a n y t ie r , a n d if th e c a u s e o f th e d e fa u lt is c o m p le te ly b e y o n d th e c o n t ro l o f b o th
G ra n t e e a n d th e s u b c o n tr a c t o n s ), a n d w i t h o u t th e fa u lt o r n e g lig e n c e o f e it h e r , u n le s s th e s u b c o n t ra c t e d p ro d u c ts
o r s e rv ic e s w e r e o b t a in a b le fr o m o t h e r s o ur c e s in s u ffi c ie n t tim e fo r G ra n t e e to m e e t th e r e q u ir e d d e liv e ry
s c h e d u le .
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
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reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federa l allocations to the G ra ntee.
38. E xecution in C ounterparts 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 instrnment. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the sam e fo rce and effect as a w ritten signatur e. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreem ent.
A ttachm ent 1
12 of 12
R ev. 6/14/2021
ST A T E O F F L O R ID A
D E P A R T M E N T O F E N V IR O N M E N T A L P R O T E C T IO N
Speci al T erm s and C ond itions
A G RE E M E N T N O . A 2039
A T T A C H M E N T 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 W ork .
The Project funded under this Agreement is Lake Park. The Project is defined in more detail in Attachment 3, Grant
Work Plan.
2. D uration.
a. Reimbursement Period. The reimbursement period for this Agreement begins when the final party signs the
Agreement (the "effective date") and ends on the Project Completion Date. Only authorized Pre-Agreement
expenses may be reimbursed outside of this period.
b. Extensions. There are no extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. P aym ent P ro visions.
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. C ost Eli gible fo r R eim bursem ent or M atching R equirem ents.
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. E q uip m ent P urchase.
No Equipment purchases shall be funded under this Agreement.
6. L and A cquisition.
There will be no Land Acquisitions funded under this Agreement.
7. M atch R equirem ents
There is no match required on the part of the Grantee under this Agreement.
8. Insurance R equirem ents
A tt achm ent 2
1 of2
Rev. 8/19/2021
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. Q uality Assurance R equirem ents.
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.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed
under this Agreement.
12. State-ow ned L and.
The work will not be performed on State-owned land.
13 . O ffi ce of Policy and B udget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. A dditional T erm s.
None.
Att achm ent 2
2 of2
Rev. 8/19/2021
ATTACHMENT 3
GRANT WORK PLAN
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
Project Name: Lake Park
Grantee Name: Village of Key Biscayne
FRDAP Project# A22039
SUMMARY: The Grantee shall complete the Project Element(s), which were approved by the Department through the FRDAP Application Evaluation Criteria, pursuant to Chapter
62D-5, Florida Administrative Code (F.A.C.). Any alteration(s) to the Project Element(s) as submitted in the Grantee's application and listed in the Grant Work Plan is considered a
significant change, must be pre-approved by the Department, and may require a formal Amendment to this Agreement. All work must be completed in accordance with the FRDAP
Program, and local, state and federal laws, the approved Project plans, all required permits, and the Florida Building Code. Prior to the Department issuing a "Notice to Commence"
to the Grantee, as specified in Attachment 6 of the Agreement, Program Specific Requirements, the Department must receive evidence of and have approved all Deliverables in Task
I.
For the purpose of this Agreement, the terms "Project Element" and "Project Task" are used interchangeably to mean an identified facility within the Project.
The Project is located at N. Club Drive, Key Biscayne, FL 33149-2008 and is considered a "Small Project" pursuant to paragraph 62D-5.055(6)(a), F.A.C.
Retroactive Project. □This Project has been approved as a "Retroactive Project." Retroactive Projects are eligible for a FRDAP grant award if they otherwise meet the FRDAP rule criteria, funds are
available, and Project Costs have occurred within one (l) year prior to the approval for funding by the Governor (June 2, 2021).
~This Project has not been approved as a "Retroactive Project."
Project Completion: The Project Completion Date for this Agreement is April 30, 2024.
Budget: Reimbursement for allowable costs for the Project shall not exceed the maximum Grant Award Amount outlined below. There is no match required on the part of the
Grantee under this Agreement. The total estimated Project Cost provided below is based on the approved FRDAP Application. A detailed cost analysis will be provided in the
Deliverables for Task 1, prior to the Depattment issuing the "Notice to Commence." All final Project Costs shall be submitted to the Department with the payment request.
Maximum Grant Award Amount: $50,000.00
Required Grantee Match Amount: $0
Total Estimated Project Cost: $50,000.00
Match Ratio: 0%
DEP Agreement No.: A2039, Attachment 3, Page I of3
FRDAP _FY21·22
S co p e of W o rkff a sk s D eli v era b les D u e D a te F in a n c ia l C o n se q u e n c e s
T A S K 1
I.A . Development of Commencement
Documentation Checklist (DRP-107) 1•
J.B. A Cost Analysis Forni, with detailed budget
(and In-House Cost Schedule(s), if applicable).
DELIVERABLE 1
The Department will issue "Notice to Commence" upon
receipt and approval of:
I.A. All applicable Project specific Commencement
documentation listed on Commencement Documentation
Checklist (DRP-107)
1.8. A Cost Analysis Form, with detailed budget (and In-
House Cost Schedule(s), if applicable).
Project planning expenses, such as application preparation,
architectural and engineering fees, permitting fees, Project
inspection, and other similar fees are eligible for
reimbursement. However, reimbursement, if requested, shall
not exceed fifteen (15%) of total Project Cost, and shall be
invoiced upon Project completion, in accordance with the
Payment Request Schedule.
ifhe Grantee may not proceed with development of the
Project until Notice to Commence has been issued.
I 80 calendar days
after Execution of
Agreement'
Failure to provide the required
Commencement Documentation may
jeopardize your funding. The Department
may term inate the Project Agreement if
the required Deliverables arc not
submitted and approved by the
Department.
TASK2
2.A. Development of Primary and Support Project
Elements, which includes:
Renovation of picnic facility and new
landscaping.
2.8. Development of Completion of
Documentation Checklist (DRP-11 I).
2.C. Completion of Final Status Report (DRP-
109).
DELIVERABLE 2
The Grantee may request reimbursement upon Department
receipt and approval of:
2.A. Development of required Project Elements.
2.B. All applicable
documentation listed
Checklist (DRP-111)
Project specific Completion
on Completion Documentation
2.C. Final Status Report (DRP-109).
The Grantee may request reimbursement for allowable
budgeted expenses and costs pursuant to the Agreement that
arc directly related to the successful development of the
Project site. Reimbursement shall not exceed the Grant
Due April 30,
2024, which shall
also be the Project
Completion Date3
No reimbursement will be made for
Dclivcrable(s) deemed unsatisfactory by
the Department. Payment(s) will not be
made for unsatisfactory or incomplete
work. In addition, a Task may be
terminated for Grantee's failure to
perform.
DEP Agreement No.: A2039, Attachment 3, Page 2 of3
FRDAP _FY2 l-22
Award Amount, less any reimbursement requested for in
Deliverable I, and shall be invoiced upon Project completion,
in accordance with the Payment Request Schedule below. Ten
percent (10%) of the Grant Award will be retained until the
Project is designated complete by the Department.
Project Task Performance Standard: The Department's Grant Manager will review the Project Completion Certificate and the Deliverables to verify compliance with the
requirements for funding under the FRDAP; approved plans and application approved for funding. Upon review and written acceptance by the Department's Grant Manager
of the Project Completion Certificate and the Deliverables under each Project Task, the Grantee may proceed with the payment request submittal.
Payment Request Schedule: Following Department approval of all Deliverables, the Grantee may submit a single payment request on Exhibit C, Payment Request
Summary Form, DRP-115, along with all required documentation as outlined in the Financial Reporting Procedures (DRP-110), as applicable, to support payment. A
payment request submitted as part of the reimbursement process must correspond with the Cost Analysis and supporting documents provided under Project Tasks.
Endnotes:
I. FRDAP documentation is available at https://floridadep.gov/lands/land-and-recreation-grants/content/frdap-assistance and/or from the Land and Recreational Grants
Section, State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, MS# 585, Tallahassee, Florida, 32399-3000.
2. Project Agreement is subject to termination if Commencement documentations under Task I are not received and approved by the Department within 180 calendar
days of the Project Agreement execution.
3. Due Date will not be extended beyond the Grant Period as outlined in Subsection 62D-5.058(7), F.A.C.
DEP Agreement No.: A2039, Attachment 3, Page 3 of3
FRDAP _FY21-22
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section l 19.0701(l)(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 ofrequested 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
Attachment 4
1 of I
Rev. 4/27/2018
S T A T E O F F L O R I D A
D E P A R T M E N T O F E N V I R O N M E N T A L P R O T E C T I O N
S p e ci a l A u d i t R e q u i r e m e n t s
(S t a t e a n d F e d e ra l F in a n ci a l A s s is t a n c e )
A tt a c h m e n t 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "D epartment", "DEP", "FDEP" or "G ra ntor", 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 of2 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 of2 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 w w w .cfda.gov
A ttachm ent 5
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BG S-D EP 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 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or I 0.650 (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 I 0.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
3. Jfthe 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 financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NO TE : This part w ould be used to specify any additional audit requirements imposed by the State aw arding entity
that are solely a m atter of that State aw arding entity's policy (i.e., the audit is not required by Federal or State law s
and is not in conflict w ith other Federa l or State audit requirements). P ursuant to Section 215.97 (8), Florida Statutes,
State agenci es m ay conduct or arrange for audits of State financi al assistance that are in additi on to audits conducted
in accordance w ith Section 215.97, Florida Statutes. In such an event, the State aw arding agency m ust 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 (F AC) 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 §200.50l(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5
2 of6
BG S-DEP 55-215 revised 12/1 4/2020
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 I,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
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 instrnctions for filing an
electronic copy of a financial reporting package.
3. C opies of reports or m anagement letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the D epartm ent of Enviro nm ental Pro tection at one of the fo llow ing
addresses:
B y M ail:
Audit Di rector
Florida D epartm ent of Enviro nm ental Pro tection
Offi ce of inspector G enera l, M S 40
3900 C om m onw ealth B oulevard
Tallahassee, Florida 32399-3000
Electro nically:
FD EPSingleAudit@ dep.state.fl.us
4. Any reports, m anagem ent letters, or other info rm ation required to be subm itted to the D epartm ent of
Enviro nm ental Pro tection pursuant to this A greem ent shall be subm itted tim ely in accordance w ith 2 C FR
200.512, section 215.97, F.S., and C hapters 10.550 (local govern m ental entities) or 10.650 (nonpro fit and
fo r-pro fit organizations), Rules of the Auditor G enera l, as applicable.
Attachment 5
3 of6
B G S-D E P 55-215 revised 12 /1 4 /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
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BGS-DEP 55-215 revised 12/14/2020
E X H IB I T - I
FUN D S A W ARD ED T O TH E RE C IPIE N T PU R SU A N T T O T H IS A G RE EM EN T C O N S IST O F T H E FO LLO W IN G :
Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program
and show total federal resources awarded
Federal Resources Awarded to the Recipient Pursuant to this Aareement Consist of the Followlnn:
Federal State
Program C FD A A ppro priation
A Federa l Azencv N um ber C F D A Title Funding A m ount Catezorv
$
Federal State
Program C FD A A ppro priation
B Federa l Agency N um ber C FD A Title Fundina A m ount C ategory
$
Note: Of the resources awarded to the recipient represent more than onefe deral program, list applicable compliance requirements for each federal program i11
the same manner as shown below:
Federal
Program First C om pliance requirem ent: i.e.: (w hat services ofpurp oscs resources m ust be used fo r)
A
Second C om pliance requirement: i.c.xcliaibilitv rcauirem cnt fo r recipients of the resources)
Etc.
Etc.
Federal
Program First C om pliance requirem ent: i.e.: (w hat services of purp oses resources m ust be used fo r)
B
Second Compliance reauirem ent: i.e.: (eliaibilitv reauirem ent fo r recipients of the resources)
Etc.
E tc.
Attachment 5, Exhibit 1
5 of6
UGS-DEP 55-215
Revised 712019
Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each
ederal program and show total state resources awarded for match ing.
State Resources Awarded to the Recipient Pursuant to this Ae:reement Consist of the Followine: Matchlnu Resources for Federal Proe:rams:
Federal State
Program Appropriation
A Federal Agency CFDA CFDA Title Funding Amount Category
Federal State
Program Appropriation
B Federal Agency CFDA CFDA Title Funding Amount Category
Note: If the resources awarded to the recipient represent more than 011e state project, provide the same information shown below for each state project and show
total state financial assistance awarded that is subiect to section 215.97, F.S.
State Resources Awarded to the Recipient Pursuant to this A2reement Consist of the Following Resources Subject to Section 215.97, F.S.:
State CSFA Title State
Program State CSFA or Appropriation
A State Awarding Agency Fiscal Year1 Number Funding Source Description Funding Amount Category
General Appropriations Act
Line Item I 692A -
Original Fixed Capital Outlay Florida Recreation Development $50,000.00 140002 Florida Recreation 2021-2022 37.017 Assistance Program Agreement Development Assistance
Grants from Florida Forever
Trust Fund
Total Award I $50,000.00
Note: list applicable compliance requirement in the same manner as illustrated above forfederal resources. For matching resources provided by the Department
for DEP forfederal programs, the requirements might be similar to the requirements for the applicablefederal programs. Also, to the extent that different
requirements pertain to different amount for the non-federal resources, there may be more than 011e grouping (i.e. I, 2, 3, etc.) listed 1111der this category.
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[ www.cfda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance
Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state project compliance.aspx]. The services/purposes for which the
funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement.
1 Subject to change by Change Order.
Attachment 5, Exhibit I
6 of6
BGS-DEP 55-215
Revised 7/2019
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
PROGRAM SPECIFIC REQUIREMENTS
FLORIDA RE CRE ATION DEVELOPMENT ASSISTANCE PROGRAM
ATTACHMENT 6
1. Project Subm ittal Form s.
Administrative Forms, Reimbursement Forms, and Guidelines referenced in this Agreement may be found at
https://floridadep.gov/lands/land-and-recreation-grants/content/frdap-assistance, or by contacting the Department's
Grant Manager.
2. N otice to C om m ence.
Prior to commencement of the Project, the Grantee shall submit to the Department for approval all documentation and
completion of responsibilities listed on the Commencement Documentation Checklist, DRP-107. Upon satisfactory
approval by the Department, the Department will issue written "Notice to Commence" to the Grantee to commence
the Project. The G rantee SHA LL NO T proceed until the Departm ent issues the "N otice to Com m ence." Until
the Department issues the "Notice to Commence," the Department is not obligated to pay or reimburse Grantee for
fees, costs, or general expenses of any kind that were incurred prior to the "Notice to Commence," except for Pre-
Agreement Expenses as more fully described in subsection 620-5.054(34), F.A.C.
3. Site Plans.
Project site facilities must be attractive for public use and compatible with the environment. Plans and specifications
for Project site improvements and facilities must be in accordance with current engineering and architectural standards.
The Grantee should emphasize the health and safety of users, accessibility to the general public, and the protection of
the recreational and natural values of the area. The G rantee may alter a conceptual site plan only after written
approval by the Departm ent.
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
before the Department will issue final reimbursement.
4. Project Com pletion.
All work under this Agreement must be completed no later than 60 days before the expiration date of the Agreement,
known as the "Project Completion Date." The Department may require the Grantee to do additional work before
designating the Project "complete." Jfthe Project has not been designated as complete by the Department by midnight
of the Date of Expiration, the Project funds will revert to the revenue fund from which they were appropriated
(paragraph 62D-5.058(7)(a), F.A.C.).
5. Project C om pletion Certifi cation.
To certify completion, the Grantee will submit to the Department the Project Completion Certification, DRP-112,
available online and incorporated herein by reference. The Project must be designated complete prior to the
Department releasing final reimbursement. The Department shall designate the Project complete upon receipt and
approval of all deliverables and when Project site is open and available for use by the public for outdoor recreation
purposes. The Department will release the retainage when the Department approves the Completion Documentation
set forth in paragraph 62D-5.058(7)(d), F.A.C. The final payment of the retained amount will be processed within
thirty (30) days of the Project designated complete by the Department.
6. The following modifies paragraph 8.d, Attachment 1, Standard Terms and Conditions:
a. Reimbursement for Costs.
Project Costs will be reimbursed as provided in paragraph 62D-5.058(2)(a), F.A.C., and in the Project Agreement.
The Grantee is eligible for reimbursement, in whole or in part, for Department-approved Pre-Agreement Expenses
Attachm ent 6
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Rev. 8/19/2021
and , if appli cable, co sts associated w ith R etro active Projects, thr oug h the Project C om pletion D ate of th is
A greem ent. T h e G ra n tee shall be paid on a co st reim bursem ent basis fo r all eli gib le P ro ject costs up on th e
com pletion , subm itt al, an d appro v al of each deliv era ble id entifi ed in the G ra n t W ork P lan . R eim bur sem ent shall
be requ ested on E xh ib it C , Pay m ent R equ est Su m m ary Form . T o be elig ib le fo r reim bursem ent, cost(s) m u st m eet
all FRD A P requirem ents, fi nancial reportin g requirem ents, an d m ies an d regu lation s applicable to ex pen ditu res
of state fu nds, incl ud in g , but not lim ited to, th e R efe rence G uide fo r State E x pend itu res, w hich can be accessed
at th e fo ll ow ing w eb address:
htt ps://w ww .m y fl oridacfo .com /D iv ision/AA /M anuals/docum ents/R efe renceG u id efo rS tateE xp end itu res.p df.
i. Pre-A greem ent E xpenses. P ursuant to subsectio n 62D -5.054 (34 ), F .A.C., Pre-A g reem ent E xp enses m eans
expen ses in curred by a G ra ntee fo r accom pli sh m ent of an eligible FRD A P project prior to fu ll execution of
the Pro ject A g reem ent. Parties hereby ack now ledg e and agr ee, G ra ntee is entitled to subm it fo r cost-
reim bursem en t eli gible Pre-A greem ent E xpenses, w h ich are expenses G ra ntee in curr ed fo r the
accom p lishm ent of the Project prior to fu ll execution of this A greem ent.
7. T h e fo ll ow in g is add ed to para gra ph 8, A ttachm ent 1, Stan dard T erm s and C on ditions:
k. Pro ject C osts. T he D ep artm ent w ill reim b ur se P roject costs pursuant to para gra p h 62D -5.058(2)(a), F .A .C ., and
as pro vided herein . Project costs, except fo r Pre-A g reem ent E xpenses, sh all be incurr ed betw een the effecti ve
date of the A g reem ent, and the Pro ject C o m pletio n D ate as set fo rth in the Pro ject C o m pleti on C ert ifi cation
determ in ed and id entifi ed herein . If the total cost of th e Pro ject exceeds the gra n t am oun t and the required m atch
(if app licab le), G ra ntee m ust pay the excess cost.
I. Cost Limits. Pursuant to paragraphs 62D-5.058(2)(a) and (b ), F.A.C., project planning expenses, such as
application preparation, surveys (boundary and topographic), title searches, project signs, architectural and
engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided
that such costs do not exceed fifteen percent (15%) of the total Project cost.
8. The following hereby replaces paragraph 8.h, Attachment 1, Standard Terms and Conditions:
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation from the Recommended Application Priority List by the Florida
Legislature. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates
appropriations. It is further understood that Grant A wards may be revised by the Department due to the
availability of FRDAP 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, 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://floridadep.gov/parks/florida-scorp-
outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation
Inventory (FORT) system (https://floridadep.gov/parks/florida-outdoor-recreation-inventory).
10. Site Dedication.
a. Land owned by the grantee and developed or acquired with FRDAP funds must be dedicated in perpetuity as an
outdoor recreational site for the use and benefit of the general public in accordance with Rule 62D-5.059, F.A.C.
Land under control other than by ownership of the Grantee such as by lease, must be dedicated as an outdoor
recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from
the Project Completion Date as set forth in the Project Completion Certificate. The dedications must be recorded
in the county's public property records by the Grantee. Execution of this Agreement by the Department constitutes
an acceptance of a Project site(s) dedication on behalf of the general public of the State of Florida.
b. Should the Grantee's interest in the land change, either by sale, lease, or other written legal instrument, the Grantee
is required to notify the Department in writing of the change no later than ten (10) days after the change occurs,
Attachment 6
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Rev. 8/19/2021
and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as
set forth in this Agreement.
11. M an agem ent of Project Sites.
a. Site Inspections. Grantees must ensure by site inspections that facilities on the Project site are being operated and
maintained for outdoor recreation for a minimum period of twenty-five (25) years from the Project Completion
Date set forth in the Project Completion Certificate. The Project site must be open at reasonable times and must
be managed in a safe and attractive manner.
b. Non-Compliance. The Department will terminate an agreement and demand return of the program funds
(including interest) for non-compliance if a Grantee fails to comply with the terms stated in with the Agreement.
If the Grantee fails to comply the Agreement, the Department will declare the Grantee ineligible for further
participation in FRDAP until such time as the Grantee comes into compliance.
c. Public Accessibility. All facilities must be accessible to the public on a non-exclusive basis, without regard to
age, sex, race, religion, or ability level.
d. Entrance Fees. Reasonable differences in entrance fees for other FRDAP projects may be allowed on the basis
ofresidence, but only if the Grantee can clearly show that the difference in entrance fees reflects, and is
substantially related to, all economic factors related to park management, and it is not simply related to the
amount of tax dollars spent by the residents for the park; and that a definite burden on the Grantee in park
maintenance costs clearly justifies a higher fee for nonresidents.
e. Native Plantings. In developing a FRDAP project with program funds, the Grantee must primarily use
vegetation native to the area, except for lawn grasses.
f. The Grantee will obtain Department approval prior to any current or future development of facilities on the Project
Site(s), which is defined in subsection 62D-5.054(46), F.A.C. This Agreement is not transferable.
12. P rocurem ent R equirem ents fo r G rantee.
The Grantee must secure all goods and services for the Project according to its adopted procurement procedures.
13 . Signage.
The 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 Florida Recreation Development Assistance Program.
The sign must be made of appropriate materials, which are durable for a minimum of twenty-five (25) years after the
Project is complete. The sign must be installed on the Project site and approved by the Department before the
Department processes the final Project reimbursement request.
14. T erm in ation and Ineli gibili ty.
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 program funds (including interest). Furthermore, the Department will declare
the Grantee ineligible for further participation in FRDAP until the Grantee complies. Further, the Grantee agrees to
ensure that all necessary permits are obtained prior to implementing any Grant Work Plan activity that may fall under
applicable federal, state, or local laws.
15. C onversion.
The Project Site acquired and/or developed with FRDAP assistance must be retained and used for public outdoor
recreation. Should the Grantee, within the periods set forth in subsections 62D-5.059(1) and (2), F.A.C., convert all
or part of the Project site to other than public outdoor recreational uses, the Grantee must replace the area, facilities,
resource, or Project site at its own expense with an acceptable project of comparable scope, and quality.
A tt achm ent 6
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R ev. 8/19 /202 1
Florida Department of Environmental Protection
Exhibit A
Land and W ater Conservation Fund Pro gra m
Florida Recreation Development Assistance Pro gra m
Project Status Report
Required Signatures: Adobe Signature
Project Name:_____________________________ Project Number: _
Project Sponsor: _
Identify primary and support recreation areas and facilities to be constructed. (50% of total costs must be in primary facilities).
PROVIDE PHOTOS OF WORK IN PROGRESS
PRIMARY FACILITIES/ELEMENTS:
Project Elements Work Accomolished % Completed
DRP-109 (Effective 05-22-2015) Page I of2
S U P P O R T F A C ILI TI E S /E L E M E N T S :
Project Elements Work Accomplished % Completed
PROBLEMS ENCOUNTERED:
Period Covered (Check Appropriate Period): D January through April:
D May through August: D September through December:
Due May 5th
Due September 5th
Due January 5th
LIAISON: --------------- Signature
DRP-109 (Effective 05-22-2015)
Date
Page 2 of2
Florida Department of Environmental Protection
EXHIBITC
PAYMENT REQUEST SUMMARY FORM
Required Signatures: Adobe Signature
Date: -----------
Grantee Project Name and Number
Billing Period: _
DEP Division: _
Billing#: _
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-115 (Effective 06-19-2015) Page 1 of 1