HomeMy Public PortalAbout2024-03 Approving amendment No. 1 to the Beach Management Funding Assistance Program Grant Agreement with the Florida Department of Environmental ProtectionRE SO L U T IO N N O . 2024-3
A RE SO L U T IO N O F T H E V IL L A G E C O UN C IL O F T H E
V IL L A G E O F K E Y B ISC A YN E , FL O RI D A , A PP R O V IN G
A M E N D M E N T N O . 1 T O T H E B E A C H M A N A G E M E N T
FU N D IN G A SSIST A N C E PR O G RA M G RA N T
A G RE E M E N T W IT H T H E FL O RI D 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 PR O T E C T IO N (FD E P ) FO R T H E
V IL L A G E 'S B E A C H RE N O U RI SH M E N T PR O JE C T ;
PR O V ID IN G FO R A U T H O RI Z A T IO N ; A N D PR O V ID IN G
FO R A N E FFE C T IV E D A T E .
W H E RE A S, on July 7, 2021, the Village of Key Biscayne (the "Village") entered into a
grant agreement (the "Agreement") with the Florida Department of Environmental Protection
("FDEP") for the Village's Beach Renourishment Project (the "Project"); and
WHEREAS, the Village was awarded additional funds to complete the Project under the
Beach Management Funding Assistance Program for fiscal year 2023-24; and
WHEREAS, the Village Council desires to authorize the Village Manager to enter into
Amendment No. 1 to the Agreement with FDEP, in substantially the form attached hereto as
Exhibit "A" (the "First Amendment"), to extend the term of the Agreement and increase the grant
funding by $1,350,762.22 to $1,405,638.22; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED 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.
Section 2. Amendment Approval. That the Village Council hereby approves the First
Amendment to the Agreement with FDEP in substantially the form attached hereto as Exhibit "A."
Page I of2
Section 3. Authorization. That the Village Council hereby authorizes the Village
Manager to execute the First Am endm ent with FDEP, in substan tially the form attached hereto as
Exhi bit "A," subject to the Village Attorney's approval as to form, content, and legal sufficiency.
Section 4.
adoption.
Effective Date. That this Resolution shall be effective imm ediately upon
PASSED and AD OPTED this 23rd_ day of January__ , 2024.
~ .. /
JOE I. RA SCO, MAYOR
ATT EST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WE ISS SEROTA HELFMAN COLE & BIERM AN, P.L.
VILLAGE ATT ORNE Y
Page 2 of2
E X H IB IT A
AMENDMENT NO. 1
TO AGREEMENT NO. 22DA1
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
VILLAGE OF KEY BISCAYNE
This Amendment to Agreement No. 22DA 1 (Agreement) is made by and between the Department of
Environmental Protection (Department), an agency of the State of Florida, and Village of Key Biscayne, 88 W. McIntyre
Street, Suite 210, Key Biscayne, Florida 33149 (Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for the Key Biscayne Beach
Nourishment Project effective July 7, 2021; and
WHEREAS, the Grantee was awarded additional funds to complete the project from the fiscal year 2023/2024
legislative appropriation to the Beach Management Funding Assistance Program (GAA Line Item # 1822); and
WHEREAS, the Grantee has requested an extension to the Agreement and the Department has agreed; and
WHEREAS, the parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, the parties agree as follows:
1) The total amount of funding of the Agreement is increased by $1,350,762.22 to $1,405,638.22.
2) The Agreement is extended for a twelve (12) month period to begin January 1, 2025, and remain in effect until
December 31, 2025. The Department and the Grantee shall continue to perform their respective duties during this
extension period pursuant to the same terms and conditions provided in the Agreement.
3) Attachment 1, Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-A,
Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement.
All references in the Agreement to Attachment I shall hereinafter refer to Attachment 1-A, Revised Standard Terms
and Conditions.
4) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant
Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the
Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan.
5) Attachment 5, Special Audit Requirements, Exhibit I, is hereby deleted in its entirety and replaced with Attachment
5, Revised Special Audit Requirements, Exhibit 1-A, attached and hereby incorporated into the Agreement. All
references in the Agreement to Attachment 5, Special Audit Requirements, Exhibit 1, shall hereinafter refer to
Attachment 5, Revised Special Audit Requirements, Exhibit I-A.
6) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may
appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives
to sign it on the dates indicated below.
Agreement No.: 22DA I
Rev. 3/1/2022
Amendment No.: I
I of2
Village of Key Biscayne Florida Department of
Environmental Protection
By:-------------
Title:
Date: -----------
By:
Secretary or Designee
Date: -----------
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Type
Attachment
Attachment
Attachment 5, Exhibit
Letter/Number
1-A
3-A
1-A
Description
Revised Standard Terms and Conditions (13 pages)
Revised Grant Work Plan (3 pages)
Revised Special Audit Requirements (3 Pages)
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
Agreement No.: 22DA I
Rev. 3/1/2022
Amendment No.: I
2 of2
S T 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 I R O N M E N T A L P R O T E C T IO N
R E V I S E D S T A N D A R D T E R M S A N D C O N DI T IO N S
A P P LI C A B L E T O G RA N T A G R E E M E N T S
A T T A C H M E N T 1 -A
I. E n t i r e A g r e e m e n t .
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
11. Attachments other than Attachment I, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment I, 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:
(I) 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:
(I) task time lines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
( 4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
Attachment 1-A
I of 13
Rev. 9/15/2023
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: ( I) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided 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. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by I% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. 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.
1. 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 ( I 0) 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 ( I 0) 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
Attachment 1-A
2 of 13
Rev. 9/15/2023
require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with section 215 .422, Florida Statutes (F .S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state
agencies/reference-guide-for-state-expenditures.pdf.
e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a
"rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee
may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be
directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's
request if:
i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or
"rural area of opportunity" under subsection 288.0656(2), F.S.;
11. Grantee demonstrates current financial hardship using one ( 1) or more of the "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.;
iii. Grantee's performance has been verified by the Department, which has determined that Grantee is
eligible for cost reimbursement and that Grantee's performance has been completed in accordance
with this Agreement's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments.
This subsection may not be construed to alter or limit any other applicable provisions offederal or state law, rule,
or regulation. A current list of Florida's designated RAOs can be accessed at the following web address:
https://floridajobs.org/community-planning-and-development/rural-community-programs/rural-areas-of
opportunity.
f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
g. State Funds Documentation. Pursuant to section 216.1366, F .S., if Contractor meets the definition of a non-profit
organization under section 215 .97(2)(m), F .S., Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
Attachment 1-A
3 of 13
Rev. 9/15/2023
T he docum entation m ust indicate the am ounts and recipients of the rem unera tion. Such info rm ation m ust be
posted on the State's the contra ct tra cking system and m aintained pursuant to section 215.985, F .S., and m ust be
posted on the C ontr actor 's w ebsite, if C ontra ctor m aintains a w ebsite.
h. Interim Paym ents. Interim paym ents m ay be m ade by D epartm ent, at its discretion, if the com pletion of
delivera bles to date have first been accepted in w riting by D epart m ent's G ra nt M anager.
i. Final Paym ent R equest. A final paym ent request should be subm itted to D epartm ent no later than sixty (6 0 ) days
fo llow ing the expira tion date of the A greem ent to ensure the availability of fu nds fo r paym ent. H ow ever, all
w ork perfo rm ed pur suant to the G ra nt W ork Plan m ust be perfo rm ed on or befo re the expira tion date of the
A greem ent.
j. A nnual A ppro priation C ontingency. T he State's perfo rm ance and obligation to pay under this A greem ent is
contingent upon an annual appro priation by the Legislatur e. This A greem ent is not a com m itm ent of fu ture
appro priations. A uthor ization fo r continuation and com pletion of w ork and any associated paym ents m ay be
rescinded, w ith pro per notice, at the discretion of D epartm ent if the Legislature reduces or elim inates
appro priations.
k. Interest R ates. A ll interest ra tes charged under the A greem ent shall be calc ulated on the prevailing ra te used by
the State B oard of A dm inistra tion. T o obtain the applicable interest ra te, please refe r to:
https://ww w .m ytloridacfo.com /division/aa/local-govern m ents/judgem ent-interest-ra tes.
I. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government. the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and
Chapter 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.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process ( e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
Attachment 1-A
4 of 13
Rev. 9/15/2023
n e g o t ia t e d b y G ra n t e e . T h e le tt e r o f re q u e s t s h a ll b e s u p p o r te d b y a d e ta ile d b u d g e t a n d S c o p e o f
S e r v ic e s to b e p e r fo r m e d b y th e s u b c o n t ra c to r . U p o n re c e ip t o f D e p a rtm e n t G ra n t M a n a g e r 's
a p p ro v a l o f th e fi x e d -p r ic e a m o u n t , G r a n t e e m a y p ro c e e d in fi n a liz in g th e fi x e d -p r ic e s u b c o n tra c t.
ii . If th e p ro c u r e m e n t is s u bj e c t to th e C o n s u lt a n t 's C o m p e titiv e N e g o tia tio n A c t u n d e r se c tio n
2 8 7 .0 5 5 , F .S . o r th e B ro o k s A c t, G ra n t e e m u s t p ro v id e d o c u m e n ta tio n cl e a r ly e v id e n c in g it h a s
c o m p lie d w it h th e s ta t u t o ry o r fe d e ra l r e q u ir e m e n ts .
d . T ra v e l. A ll r e q u e s t s fo r m a t c h o r r e im b u r s e m e n t o f tra v e l e x p e n s e s s h a ll b e in a c c o r d a n c e w ith se c tio n 1 1 2 .0 6 1 ,
F .S .
e . D i r e c t P u r c h a s e E q u ip m e n t. F o r th e p u r p o s e s o f th is A g r e e m e n t , E q u ip m e n t is d e fi n e d a s c a p ita l o u tl a y c o s tin g
$5 ,0 0 0 o r m o r e . M a t c h or re im b u r s e m e n t fo r G ra n t e e 's d ir e c t p u r c h a s e o f e q u ip m e n t is s u bje c t to sp e c ifi c
a p p ro v a l o f D e p a rt m e n t , a n d d o e s n o t in c lu d e a n y e q u ip m e n t p u r c h a s e d u n d e r th e d e liv e ry o f se rv ic e s to b e
c o m p le t e d b y a s u b c o n tr a c t o r . In cl u d e c o p ie s o f in v o ic e s o r re c e ip ts to d o c u m e n t p u rc h a s e s , a n d a p ro p e r ly
c o m p le t e d E x h ib it B , P ro p e r ty R e p o r tin g F o r m .
f. R e n t a l/L e a s e o f E q u ip m e n t. M a tc h or r e im b u r s e m e n t re q u e s ts fo r re n ta l/le a s e o f e q u ip m e n t m u s t in cl u d e c o p ie s
o f in v o ic e s o r r e c e ip t s to d o c u m e n t c h a r g e s .
g . M is c e ll a n e o u s /O t h e r E x p e n s e s . If m is c e ll a n e o u s o r o t h e r e x p e n s e s , s u c h a s m a te r ia ls , su p p lie s , n o n -e x cl u d e d
p h o n e e x p e n s e s , r e p ro d u c t io n , o r m a ilin g , a r e re im b u r s a b le o r a v a ila b le fo r m a tc h or re im b u r s e m e n t u n d e r th e
t e r m s o f th is A g r e e m e n t , th e d o c u m e n t a t io n s u p p or t in g th e s e e x p e n s e s m u s t b e ite m iz e d a n d in cl u d e c o p ie s o f
r e c e ip t s o r in v o ic e s . A d d it io n a ll y , in d e p e n d e n t o f G ra n t e e 's c o n tra c t o b lig a tio n s to it s s u b c o n tra c to r , D e p a rt m e n t
s h a ll n o t r e im b u r s e a n y o f th e fo ll o w in g ty p e s o f c h a r g e s : c e ll p h o n e u s a g e ; a tto rn e y 's fe e s o r c o u rt c o s ts ; c iv il
o r a d m i n is tra t iv e p e n a lt ie s ; o r h a n d lin g fe e s , s u c h a s s e t p e r c e n t o v e ra g e s a s s o c ia te d w ith p u r c h a s in g su p p lie s o r
e q u ip m e n t.
h . L a n d A c q u is it io n . R e im b u r s e m e n t fo r th e c o s t s a s s o c ia te d w it h a c q u ir in g in t e r e s t a n d /o r rig h ts to re a l p ro p e rty
(in cl u d in g a c c e s s r ig h t s th ro u g h in g r e s s /e g r e s s e a s e m e n t s , le a s e s , lic e n s e a g r e e m e n ts , o r o th e r s ite a c c e s s
a g r e e m e n t s ; a n d /o r o b t a in in g re c o r d tit le o w n e r s h ip o fr e a l p ro p e rty th ro u g h p u r c h a s e ) m u s t b e su p p or te d b y th e
fo ll o w in g , a s a p p lic a b le : C o p ie s o f P ro p e rty A p p ra is a ls , E n v iro n m e n ta l S ite A s s e s s m e n ts , S u rv e y s a n d L e g a l
D e s c r ip t io n s , B o u n d a r y M a p s , A c r e a g e C e r tifi c a t io n , T it le S e a r c h R e p o r ts , T it le In s u ra n c e , C lo s in g
S t a t e m e n t s /D o c u m e n t s , D e e d s , L e a s e s , E a s e m e n t s , L ic e n s e A g r e e m e n ts , o r o th e r le g a l in s tru m e n t d o c u m e n tin g
a c q u ir e d p ro p e r ty in t e r e s t a n d/o r r ig h t s . If la n d a c q u is it io n c o s ts a r e u s e d to m e e t m a tc h re q u ir e m e n ts , G ra n te e
a g r e e s th a t th o s e fu n d s s h a ll n o t b e u s e d a s m a tc h fo r a n y o t h e r A g r e e m e n t s u p p o rt e d b y S ta te o r F e d e ra l fu n d s .
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
Attachment 1-A
5 of 13
Rev. 9/15/2023
a . In s u ra n c e R e q u ir e m e n t s fo r S u b -G ra n t e e s a n d /o r S u b c o n tra c to r s . T h e G r a n te e sh a ll re q u ire its su b -g ra n te e s
a n d /o r s u b c o n t ra c to r s , if a n y , to m a in t a in in s u ra n c e c o v e ra g e o f su c h ty p e s a n d w ith su c h te rm s a n d lim its a s
d e s c r ib e d in th is A g r e e m e n t. T h e G ra n te e s h a ll re q u ir e a ll it s su b -g ra n te e s a n d /o r su b c o n tra c to rs , if a n y , to
m a k e c o m p lia n c e w it h th e in s u ra n c e re q u ir e m e n ts o f th is A g re e m e n t a c o n d itio n o f a ll c o n tra c ts th a t a re re la te d
to th is A g r e e m e n t. S u b -g ra n t e e s a n d /o r s u b c o n tra c to r s m u s t p ro v id e p ro o f o f in s u ra n c e u p o n re q u e s t.
b . D e d u c t ib le s . T h e D e p a rt m e n t s h a ll b e e x e m p t fr o m , a n d in n o w a y lia b le fo r , a n y su m s o f m o n e y re p re s e n tin g a
d e d u c t ib le in a n y in s u ra n c e p o lic y . T h e p a y m e n t o f s u c h d e d u c tib le sh a ll b e th e so le re s p o n s ib ility o f th e
G ra n t e e p ro v id in g s u c h in s u ra n c e .
c . P ro o f o f In s u ra n c e . U p o n e x e c u t io n o f th is A g r e e m e n t, G ra n te e s h a ll p ro v id e D e p a rt m e n t d o c u m e n ta tio n
d e m o n s t ra t in g th e e x is t e n c e a n d a m o u n t fo r e a c h ty p e o f a p p lic a b le in s u ra n c e c o v e ra g e prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten ( 10) days after the cancellation of coverage.
e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt ofa 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. 1 f the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any
of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable
under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for
correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided,
Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt
of the default notice.
Attachment 1-A
6 of 13
Rev. 9/15/2023
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (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 Majeure.
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
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
Attachment 1-A
7 of 13
Rev. 9/15/2023
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. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
1. 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: ( l) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of section 768.28, F .S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to sections 287.133, 287 .134, and 287 .13 7 F .S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
Attachment 1-A
8 of 13
Rev. 9/15/2023
n o t s u b m it b id s , p ro p o s a ls , o r re p lie s o n le a s e s o f re a l p ro p e r ty to a p u b lic e n tity ; m a y n o t b e a w a r d e d
o r p e r fo r m w or k a s a G ra n t e e , s u p p lie r , s u b c o n t ra c to r , o r c o n s u lt a n t u n d e r a c o n tra c t w ith a n y p u b lic
e n t ity ; a n d m a y n o t tra n s a c t b u s in e s s w it h a n y p u b lic e n t ity in e x c e s s o f th e th r e s h o ld a m o u n t
p ro v id e d in s e c t io n 2 8 7 .0 I 7 , F .S ., fo r C A T E G O R Y T W O fo r a p e r io d o f 3 6 m o n th s fo ll o w in g th e
d a te o f b e in g p la c e d o n th e c o n v ic t e d v e n d o r lis t.
ii . D is c r im in a to r y V e n d o r s . A n e n t ity o r a ffi lia te w h o h a s b e e n p la c e d o n th e d is c r im in a to ry v e n d o r
lis t m a y n o t s u b m it a b id , p ro p o s a l, o r re p ly o n a c o n tra c t to p ro v id e a n y g o o d s o r s e r v ic e s to a
p u b lic e n t ity ; m a y n o t s u b m it a b id , p ro p o s a l, o r re p ly o n a c o n tra c t w ith a p u b lic e n tity fo r th e
c o n s t ru c t io n o r re p a ir o f a p u b lic b u ild in g o r p u b lic w or k ; m a y n o t s u b m it b id s , p ro p o s a ls , o r re p lie s
o n le a s e s o f r e a l p ro p e r ty to a p u b lic e n t ity ; m a y n o t b e a w a r d e d o r p e r fo r m w o r k a s a c o n tra c to r ,
s u p p lie r , s u b c o n t r a c to r , or c o n s u lt a n t u n d e r a c o n tra c t w it h a n y p u b lic e n tity ; a n d m a y n o t tra n s a c t
b u s in e s s w it h a n y p u b lic e n t ity .
ii i . A n t it ru s t V io la to r V e n d o r s . A p e r s o n o r a n a ffi lia te w h o h a s b e e n p la c e d o n th e a n titru s t v io la to r
v e n d o r lis t fo ll o w in g a c o n v ic t io n or b e in g h e ld c iv ill y lia b le fo r a n a n titru s t v io la tio n m a y n o t
s u b m it a b id , p ro p o s a l, o r re p ly o n a n y c o n t ra c t to p ro v id e a n y g o o d or se rv ic e s to a p u b lic e n tity ;
m a y n o t s u b m it a b id , p ro p o s a l, o r re p ly o n a n y c o n tr a c t w ith a p u b lic e n tity fo r th e c o n s tru c tio n o r
r e p a ir o f a p u b lic b u ild in g o r p u b lic w o r k ; m a y n o t s u b m it a b id , p ro p o s a l, o r re p ly o n le a s e s o f re a l
p r o p e r ty to a p u b lic e n t ity ; m a y n o t b e a w a r d e d o r p e r fo r m w o r k a s a G ra n te e , su p p lie r ,
s u b c o n t ra c t or , o r c o n s u lta n t u n d e r a c o n t ra c t w it h a p u b lic e n t ity ; a n d m a y n o t tra n s a c t n e w b u s in e s s
w it h a p u b lic e n t ity .
iv . N o t ifi c a t io n . T h e G ra n t e e s h a ll n o t ify D e p a rt m e n t if it or a n y o f its s u p p lie r s , su b c o n tra c tor s , o r
c o n s u lt a n t s h a v e b e e n p la c e d o n th e c o n v ic t e d v e n d or lis t, th e d is c r im in a to ry v e n d o r lis t, o r a n titru s t
v io la to r v e n d o r lis t d u r in g th e life o f th e A g r e e m e n t. T h e F lo r id a D e p a rtm e n t o f M a n a g e m e n t
S e r v ic e s is r e s p o n s ib le fo r m a in t a in in g th e d is c r im in a to r y v e n d o r lis t a n d th e a n titru s t v io la to r
v e n d o r lis t a n d p o s t s th e lis t o n it s w e b s it e . Q u e s tio n s re g a r d in g th e d is c r im in a to ry v e n d o r lis t o r
a n t it ru s t v io la to r v e n d or lis t m a y b e d ir e c te d to th e F lo r id a D e p a r tm e n t o f M a n a g e m e n t S e r v ic e s ,
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 .
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States-this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
Attachment 1-A
9 of 13
Rev. 9/15/2023
c . A ll c o n s tru c tio n m a te r ia ls a r e m a n u fa c tu r e d in th e U n ite d S ta te s -th is m e a n s th a t a ll m a n u fa c tu rin g p ro c e sse s fo r
th e c o n s tru c tio n m a te r ia l o c c u r re d in th e U n ite d S ta te s .
T h e B u y A m e r ic a p r e fe r e n c e o n ly a p p lie s to a rt ic le s , m a te r ia ls , a n d su p p lie s th a t a re c o n s u m e d in , in c o rp o ra te d
in to , or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a "project funded by President Biden's Bipartisan
Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
https :/ /www.epa.gov/i nvest/i nvesti ng-am erica-signage.
b. Procuring Signs: Consistent with section 6002 ofRCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs ( excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287 .135, F .S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
oflsrael 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.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.34 7, 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 216.34 7, F .S.
28. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
Attachment 1-A
10 of 13
Rev. 9/15/2023
th e te r m o f th i s A g r e e m e n t a n d fo r fi v e (5 ) y e a r s fo ll o w in g th e c o m p le tio n d a te o r te r m in a tio n o f th e A g r e e m e n t. In
th e e v e n t th a t a n y w o r k is s u b c o n t ra c te d , G ra n t e e s h a ll s im i la r ly re q u ir e e a c h s u b c o n tra c to r to m a in ta in a n d a llo w
a c c e s s to s u c h re c or d s fo r a u d it p u r p o s e s . U p o n r e q u e s t o f D e p a r tm e n t 's In s p e c to r G e n e ra l, o r o th e r a u th o r iz e d
S t a t e o ffi c ia l, G ra n t e e s h a ll p ro v id e a n y ty p e o f in fo r m a t io n th e In s p e c tor G e n e r a l d e e m s re le v a n t to G ra n te e 's
in t e g r ity o r r e s p o n s ib ility . S u c h in fo r m a t io n m a y in cl u d e , b u t s h a ll n o t b e lim it e d to , G ra n te e 's b u s in e s s o r fi n a n c ia l
r e c o r d s , d o c u m e n t s , o r fi le s o f a n y ty p e o r fo r m th a t re fe r to o r re la t e to A g r e e m e n t. T h e G r a n te e sh a ll re ta in su c h
r e c o r d s fo r th e lo n g e r o f: ( 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/).
29. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit I, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
https:\ \apps. fldfs.com\fsaa.
d. ProofofTransactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers ( overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
Attachment I-A
11 of 13 ·
Rev. 9/15/2023
o r ig in a l p a y m e n t(s ) a re re c e iv e d fr o m D e p a rtm e n t b y G ra n te e to th e d a te re p ay m en t is m ad e by
G ra n te e to D e p a rtm e n t.
ii. In th e e v e n t th a t th e G ra n te e re c o v e rs c o sts, in c u rre d u n d e r th is A g re e m en t an d reim b u rsed by
D e p a rt m e n t, fr o m a n o th e r so u rc e (s), G ra n te e sh a ll re im b u rse D e p a rtm e n t fo r a ll reco v ered fu n d s
o r ig in a ll y p ro v id e d u n d e r th is A g re e m e n t a n d in te re st sh a ll b e c h a rg e d fo r th o se reco v ered co sts as
c a lc u la te d o n fr o m th e d a te (s) th e p a y m e n t(s) a re re c o v e re d b y G ra n te e to th e d a te rep ay m e n t is
m a d e to D e p a rtm e n t.
iii. N o tw ith s ta n d in g th e re q u ire m e n ts o f th is se c tio n , th e a b o v e re stric tio n s o n co m m in g lin g fu n d s do
n o t a p p ly to a g r e e m e n ts w h e re p a y m e n ts a re m a d e p u re ly o n a co st re im b u rsem en t basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations 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.
34. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
Attachment 1-A
12 of 13
Rev. 9/15/2023
37. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
38. 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
ofany 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.
39. Compensation Report.
If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
40. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1-A
13 of 13
Rev. 9/15/2023
ATTACHMENT 3-A
REVISED GRANT WORK PLAN
PROJECT TITLE: Key Biscayne Beach Nourishment
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department or DEP) reference monuments RIO I and RI 08 along the Atlantic Ocean in the Village of Key
Biscayne in Miami-Dade County, Florida.
PROJECT BACKGROUND: The Project is a 1.3-mile segment of shoreline in Miami-Dade County. The
Project was restored as a federally-authorized restoration in 1987. In 1990, the Project was de-authorized
and was subsequently followed by three non-federal nourishments in 2002, 2008, and 2012. A nourishment
was completed in May 2017 to address erosion caused by Hurricane Matthew. The most recent nourishment
was completed in 2021 to address erosion caused by Hurricane Irma. The next nourishment is scheduled
for winter 2023/2024 to address impacts caused by Hurricanes Ian and Nicole. The requested funds are for
the design and construction of the upcoming truck haul nourishment in winter of 2023/2024.
PROJECT DESCRIPTION: The Project consists of design and construction.
PROJECT ELIGIBILITY: The Department has determined that 91.46 percent of the non-federal Project
cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the
sum of $1,405,638.22 for this Project or up to 45.73 percent of the non-federal Project cost, if applicable,
for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage
is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree
that eligibility for cost sharing purposes will be maintained pursuant to 628-36, Florida Administrative
Code (F.A.C.).
The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel
limits established in section 112.061, Florida Statute (F.S.).
Pursuant to sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible
governmental entities for beach erosion control and inlet management activities under the Florida Beach
Management Funding Assistance Program.
Pursuant to 628-36.005( I )(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor,
has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated
with the beach erosion control project as described herein.
The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement,
all applicable Department permits and the eligible Project task items established below. All data collection
and processing, and the resulting product deliverables, shall comply with the standards and technical
specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects
(2014) and all associated state and federal permits, unless otherwise specified in the approved scope of
work for an eligible Project item. The monitoring standards may be found at:
https :/ /tloridadep.gov /s i tes/defaul t/fi I es/Physical Mon itori ngS tandards. pdf
One (I) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
DEP Agreement No. 22DA I, Amendment I, Attachment 3-A, Page I of 3
A c ro n y m s :
D E P - Fl o r id a D e p a rt m e n t o f E n v iro n m e n t a l P ro t e c t io n
F .A .C . - F lo r id a A d m in is t ra t iv e C o d e
F .S . - F lo r id a S t a t u t e s
TASKS and DELIVERABLES:
The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment ifauthorized
by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be
completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work
and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager
to be included into this work plan for reimbursement.
Task 1: Design and Permitting
Task Description: The Local Sponsor will acquire professional services for the engineering and design of
the Project such as coastal engineering analyses, preparation of plans and specifications, physical and
environmental surveys, cultural resource surveys, design-level geotechnical services, sediment studies, inlet
studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental
permits and other Project-related authorizations. The Local Sponsor will submit work products to the
appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be
eligible for reimbursement under this task.
Deliverable: Certification of Completion including documentation of submittal affirming that the final
design document was completed and submitted to the Department. For interim payment requests, a Task
Summary Report signed by the Local Sponsor must be submitted detailing work progress during the
payment request period. The Task Summary Report must include the dates and descriptions ofall activities,
surveys and reports completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Task 2: Construction
Task Description: This task includes work performed and costs incurred associated with the placement of
fill material and/or the construction of erosion control structures within the Project area. Project costs
associated with eligible beach and inlet construction activities include work approved through construction
bids and/or construction-phase engineering and monitoring services contracts. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, physical and environmental
surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization
measures and native beach-dune vegetation. Construction shall be conducted in accordance with any and
all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal
regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement
under this task.
Deliverable: Certification of Completion by a Florida-registered Professional Engineer with
documentation of submittal to the Department affirming the construction task was completed in accordance
with construction contract documents. For interim payment requests, a Task Summary Report signed by
DEP Agreement No. 22DA I, Amendment I, Attachment 3-A, Page 2 of 3
L o c a l S p o n s o r m u s t b e s u b m itt e d d e ta ilin g a c tiv itie s c o m p le te d d ur in g th e p a y m e n t req u est pe rio d . T h e
T a s k S u m m a ry R e p o rt m u s t in c lu d e th e d a te s a n d d e s c rip tio n s o f all activ itie s, su rv e y s a n d rep o rt s
c o m p le te d o r in p ro g re s s d u rin g th e tim e p e rio d o f th e in te rim p a y m e n t req u est.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
State Federal
Task# Eligible Project Tasks Cost Estimated
Share Project DEP Local Total
(%) Costs
I Design and Permitting 45.73% $123,471.00 $146,529.00 $270,000.00
2 Construction 45.73% $1,282,167.22 $1,521,609.78 $2,803,777.00
TOTAL PROJECT COSTS $1,405,638.22 $1,668,138.78 $3,073,777.00
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding deliverable due date.
Task Task Title Budget Category Budget Task Start Deliverable
No. Amount Date Due Date
1 Design and Permitting Contractual Services $123,471.00 07/01/2021 09/30/2025
2 Construction Contractual Services $1,282,167.22 07/01/2021 09/30/2025
Total: $1,405,638.22
Note that, per paragraph 8.h. of the agreement, 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. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Local Sponsor
with this and future requests for extension.
DEP Agreement No. 22DA I, Amendment 1, Attachment 3-A, Page 3 of 3
EXHIBIT- 1-A
FU N D S A W A R D ED TO TH E REC IPIEN T PU RSU A N T TO TH IS A G REEM EN T CO N SIST O F TH E FO LLO W ING
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 R esources A w arded to the R ecipient Pursuant to this A greem ent Consist of the Followlnz:
Federal State
Progra m CFD A Appropriation
A Federa l A gency N um ber CFD A Title Funding Amount Category
$
Federal State
Pro gram CFD A Appro priation
B Federa l A gency N um ber CFD A Title Funding Amount Category
$
Note: Of the resources awarded to the recipient represent more than onefederal program, list applicable compliance requirementsfor each federal program in
the same manner as shown below-
Federal
Progra m First C om pliance requirem ent: i.e.: (w hat serv ices of purposes resources must be used fo r)
A
Second C om pliance requirem ent: i.e.:(eligibility requirem ent fo r recioients of the resources)
Etc.
Etc.
Federa l
Progra m First C om pliance requirem ent: i.e.: (what services of purposes resources must be used for)
B
Second C om pliance requirem ent: i.e.: (eligibility requirement for recipients of the resources)
Etc.
Etc.
A ttachm ent 5, Exhibit 1-A
I of 3
BGS-DEP 55-215
Revise d 7120 19
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 oroeram and show total state resources awarded for match ine.
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matchinz Resources for Federal Programs:
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 one state project, provide the same information shown belowfor each state project and show
I (i l d I h b 2r 97 FS Iota state inancia assistance aw ar ec t at rs su )Je C/ to section ),
State Resources Awarded to the Recipient Pursuant to this Azrecment Consist of the Followinz Resources Subiect to Section 215.97, F.S.:
State CSFA Title State
Program State CSFA or Appropriation
A State Awarding Acencv Fiscal Year' Number Funding Source Descriotion Funding Amount Category
Florida Department of Beach Management Funding
Original Environmental Protection 2021-2022 37.003 Assistance, GAA Line Item # 1647, $54,876.00 140126
LATF
Amendment Florida Department of Beach Management Funding
I Environmental Protection 2023-2024 37.003 Assistance Program, GAA Line Item $1,350,762.22 140126
#1822 LATF
State CSFA Title State
Program State CSFA or Appropriation
B State Awarding Agency Fiscal Year2 Number Funding Source Description Funding Amount Category
Total Award $1,405,638.22
Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department
for DI,!' for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different
requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. /, 2, 3, eta.) listed under this category.
1 Subject to change by Change Order.
2 Subject to change by Change Order.
Attachment 5, Exhibit I-A
2 of 3
BGS-DEP 55-215
Rc\·iscd 7120!9
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[https://sam.gov/content/assistance-listingsl and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.lldfs.com/fsaa/searchCatalog.aspx], and
State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.lldfs.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.
Attachment 5, Exhibit 1-A
3 of3
BO S -D Ei' SS-21 S
Revised 712019