Res No. 19-18 _-: -- _. -- ----------
RESOLUTION
----RESOLUTION NO. 19-18
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING A GRANT AGREEMENT WITH
FLORIDA DEPARTMENT OF ENVIRONMENTAL
j PROTECTION TO OBTAIN SUPPLEMENTAL FUNDING FOR
THE BEACH NOURISHMENT PROGRAM; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT
AND TAKE ALL ACTIONS NECESSARY TO EFFECTUATE
THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the City of Delray Beach ("City") is authorized to enter into agreements to provide
services,programming and products in accordance with its Charter;and
WHEREAS, the City administers a Beach Nourishment Program ("Program"). As part of this
Program, the City provides services such as monitoring the coastline and managing post-construction
(beach nourishment) permit monitoring requirements.
WHEREAS, the City desires to enter into an agreement with Florida Department of
Environmental Protection to obtain sate grant funding for the Program.
WHEREAS,the City Commission deems approval of this Resolution to be in the best interest of
the health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public at
large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
Section 2. The City Commission of the City of Delray Beach has reviewed and hereby
approves this Agreement between the City and Florida Department of Environmental Protection, which
1� is attached to this resolution as Exhibit A.
�ISection 3. The City Commission authorizes the City Manager to execute the Agreement and
any amendments and/or renewals thereto, and take any other actions necessary to effectuate this
Agreement.
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Sect�on 4. This Reselrxtion shall became effective line ediately rrpoi�adQ +coil -- -
PASSED AND ADOPTED ' regular session on the day of " ., � , 2018.
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ATTEST: � MAN,
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�i Katerri Johnson, City Clef's
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App ov d o and 1 a1 ficiency:
R. M�x Lohman, Attorney
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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
Delray Beach Shore Protection Project 17PB2
2. Parties State of Florida Department of Environmental Protection
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 (Department)
Grantee Name:City of Delray Beach Entity Type:Local Government
Grantee Address: loo rtw 1st Avenue FEID:
59-6000308
Delray Beach,FL 334444
(Grantee)
3. Agreement Begin Date: Date of Expiration:
2-1-2016 12-1-2018
4. Project Number: Project Location(s):City of Delray Beach
(If different from Agreement Number)
Project Description:The Project includes tasks associated with permit-required post-construction monitoring of the Delray Beach Shore
Protection Project.
5. Total Amount of Funding: Funding Source? Award#s or Line Item Appropriations: Amount per Sources
® State ❑Federal GAA Line#1602 $25,514.00
$51,527.00 ® State ❑Federal GAA Line#1609 $26,013.00
❑ State ❑Federal
❑ State ❑Federal
6. Department's Grant Manager Grantee's Grant Manager
Name: Natalie Geyer Name: Cynthia Fuentes
or successor or successor
Address: Beach Management Funding Assist Address: 100 NW 1st Avenue
3900 Commonwealth Boulevard, MS 3601 Delray Beach,FL 334444
Tallahassee,FL 32399-3000
Phone: (850)245-2980 Phone: (561)243-7196
Email: natalie.geyer@floridadep.gov Email: fuentesc(amydelraybeach.com
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
® Attachment 2: Special Terms and Conditions
LTJ Attachment 3:Grant Work Plan
LTJ Attachment 4:Public Records Requirements
® Attachment 5: Special Audit Requirements
❑ Attachment 6:Program-Specific Requirements
❑ Attachment 7:Grant Award Terms(Federal)
❑ Attachment 8:Federal Regulations and Terms(Federal)
❑ Additional Attachments(if necessary):
❑ Exhibit A:Progress Report Form
❑ Exhibit B:Disclosure of Lobbying Activities(Federal)
❑ Exhibit C:DEP Property Reporting Form
CEJ Exhibit D:Payment Request Summary Form
❑ Exhibit E: Quality Assurance Requirements
❑ Exhibit F:Advance Payment Terms and Interest Earned Memo
❑ Additional Exhibits(if necessary):
DEP Agreement No. 17PB2 Rev. 8/28/17
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1):
Federal Award Identification Number(s)(FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding'A enc
Award R&D? ❑ Yes ❑N/A
IN WITNESS WHEREOF,this Agreement is being executed by the Parties and is effective on the date in the Agreement
Begin Date above or the last date signed below,whichever is later.
9.City of Delray Beach GRANTEE
Grantee Name
By Ilig INV,q
(Authorized Signature) Date Sne
Mark R. Lauzier, City Manager
Print Name and Title of Person Signing
10.
State of Florida Department of Environmental Protection DEPARTMENT
By „w "ITS w
Secretary' esignee Date Signed
r
'Sob t3twdk.
Print Name and Title of Person Sign ni g
® Additional signatures attached on separate page.
DEP Agreement No. 17PB2 Rev. 8/28/17
DWRA Additional Signatures
kI-
DEP 6rant Manager
DEP QC Reviewer
Local Sponsor may add additional signatures if needed below.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and 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 preprinted 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 between the documents that make up the Agreement,
the order of precedence for the documents is as follows:
i. Attachments other than Attachment 1,in numerical order as designated in the Standard Grant
Agreement
ii. Standard Grant Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication between 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.
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: an increase or decrease in the Agreement funding amount; a change in the Grantee's match
requirements; a change in the expiration date of the Agreement; and/or 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 ten percent(10%) of the total budget as last approved by the Department. A change
order to this Agreement may be used when task timelines within the current authorized Agreement period change,
and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment 3,
Grant Work Plan, are less than ten percent (10%) of the total budget as last approved by the Department, or
without limitation to changes to approved fund transfers between budget categories for the purchases of meeting
match requirements. This Agreement may be amended to provide for additional services if additional funding is
made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan.Deliverables may be comprised of activities that must be completed prior to the Department
making payment on that deliverable.The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
Attachment 1
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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 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 the Department, for work done at the Project Location(s). The Department reserves the right to investigate or
inspect at any time whether the services or qualifications offered by the Grantee meet the Agreement requirements.
Notwithstanding any provisions to the contrary,written acceptance of a particular deliverable/minimum requirement
does not foreclose the Department's remedies in the event those performance standards that cannot be readily
measured at the time of delivery are not met.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by the 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 the Grantee's expense.If the 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 the Grantee's lack of
satisfactory performance under the terms of this Agreement.The Grantee's efforts to correct the rejected
deliverables will be at the Grantee's sole expense.The Grantee shall only invoice the Department for
deliverables that are completed in accordance with the Grant Work Plan. 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 the Department in accordance with the Agreement
requirements. The Department,at its option,may allow additional time within which the Grantee may remedy
the objections noted by the Department.The Grantee's failure to make adequate or acceptable said deliverables
after a reasonable opportunity to do so may 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.These consequences for
nonperformance shall not be considered penalties.
b. Corrective Action Plan. If the Grantee fails to correct all the deficiencies in a rejected deliverable within the
specified timeframe,the Department may, in its sole discretion,request that a proposed Corrective Action Plan
(CAP)be submitted by the Grantee to the Department. The Department shall provide the Grantee with a written
request for a CAP that specifies the outstanding deficiencies. 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)calendar days of the date of the written request from
the Department. The CAP shall be sent to the Grant Manager for review and approval. Within ten
(10)calendar days of receipt of a CAP,the Department shall notify the Grantee in writing whether
the CAP proposed has been accepted. If the CAP is not accepted,the Grantee shall have ten(10)
calendar days from receipt of the Department letter rejecting the proposal to submit a revised
proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result
in the Department's termination of this Agreement for cause as authorized in this Agreement.
ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP
by the Department does not relieve the Grantee of any of its obligations under the Agreement. In
the event the CAP fails to correct or eliminate performance deficiencies by Grantee,the 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 the Department or steps taken by the Grantee shall
preclude the 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 the Department as requested by the Department 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 the Department may result in termination of the
Agreement.
Attachment 1
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1
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 the Department,the Department
agrees to pay the Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).To
obtain the applicable interest rate,please refer to:
http://www.myfloridaefo.com/Division/AANendors/default.htm.
b. Taxes. The Department is exempted from payment of State sales and 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 the Grantee to suppliers for taxes on materials used to fulfill its contractual obligations
with the Department.The Grantee shall not use the 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 the 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 D, 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:http://www Myfloridaefo.com/aadir/referenceug ide/.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department
pursuant to the Grant Work Plan shall be submitted to the Department in sufficient detail for a proper pre-audit
and post-audit to be performed.
f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by the Department's Grant Manager.
g. Final Payment Request.A final payment request should be submitted to the Department no later than sixty(60)
calendar days following the completion 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 completion
date of the Agreement.
h. Annual Appropriation Contingency. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the 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 the Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration.
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 the 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 the Department determines that multipliers charged by the Grantee exceeded
the rates supported by audit,the Grantee shall be required to reimburse such funds to the Department within thirty
(30)calendar 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 the 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 the Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit,the Grantee shall be required to reimburse
such funds to the Department within thirty(30)calendar days of written notification. Interest shall be charged on
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the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more
purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274,
F.S.,and Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 691-73,F.A.C.,as applicable.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 the 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 the Department to award a fixed-price
subcontract resulting from procurement methods other than those identified above.In this instance,
the Grantee shall request the advance written approval from the Department's Grant Manager of the
fixed price negotiated by the 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 the Department Grant
Manager's approval of the fixed-price amount,the Grantee may proceed in finalizing the fixed-price
subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055,F.S.or the Brooks Act,the Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061,
F.S.
e. Direct Purchase Equipment.For the purposes of this Agreement,Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for the Grantee's direct purchase of equipment is subject to specific
approval of the 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 Property Reporting Form.
f. Rental/Lease of Equipment—Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement,the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the
Department shall not reimburse any of the following types of charges: cell phone usage,attorney's fees or court
costs,civil or administrative penalties,or handling fees,such as set percent overages associated with purchasing
supplies or equipment.
h. Land Acquisition.Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements;and/or obtaining record title ownership of real property through purchase)must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents,Deeds,Leases,Easements,License Agreements,or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,the Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly,unless otherwise specified in the Attachments,on Exhibit A,
Progress Report Form,to the 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)calendar 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 the Grantee within thirty(30)days.
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11. Retainage.
The following provisions apply if the 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 to a maximum percentage described in the Special Terms and Conditions.Retainage may
be withheld from each payment to Grantee pending satisfactory completion of work and approval of all
deliverables.
b. The Department reserves the right to withhold payment of retainage for Grantee's failure to respond to or correct
identified deficiencies within the timeframe stipulated in the Grant Work Plan. The Department shall provide
written notification to Grantee of identified deficiencies and the Department's intent to withhold retainage.
Grantee's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will
result in forfeiture of retainage by Grantee.
c. 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 for the work and the retainage called for under the entire Grant Work Plan. 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.
d. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
e. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. 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. All insurance policies shall be through insurers licensed and authorized to issue policies
in Florida,or alternatively,Grantee may provide coverage through a self-insurance program established and
operating under the laws of Florida.Additional insurance requirements for this Agreement may be required
elsewhere in this Agreement,however the minimum insurance requirements applicable to this Agreement are:
i. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such
liability insurance at all times during the Agreement. The Department of Environmental
Protection,its employees,and officers shall be named as an additional insured on any general
liability policies. The minimum limits shall be$200,000 each individual's claim and$300,000
each occurrence.
ii. Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers'compensation,in accordance with Chapter 440,F.S.,and
employer's liability insurance with minimum limits of$100,000 per accident,$100,000 per
person,and$500,000 policy aggregate. Such policies shall cover all employees engaged in any
work under the Agreement.
iii. 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
Department of Environmental Protection,its employees,and officers shall be named as an
additional insured on any automobile insurance policy. 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
iv. Other Insurance.
Additional insurance may be required by federal law,where applicable,if any work proceeds over
or adjacent to water,including but not limited to Jones Act,Longshoreman's and Harbor
Worker's,or the inclusion of any applicable rider to worker's compensation insurance,and any
necessary watercraft insurance,with limits of not less than$300,000 each.Questions concerning
required coverage should be directed to the U.S.Department of Labor
(http://www.dol.gov/owep/dlhwc/Iscontac.htm)or to the parties'insurance carrier.
b. 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
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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.
c. Exceptions to Additional Insured Requirements. 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.
Further,notwithstanding the requirements above,if Grantee is self-insured,then the Department of
Environmental Protection,its employees,and officers do not need to be listed as additional insureds.
d. 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.
e. Proof of Insurance. Upon execution of this Agreement,the Grantee shall provide the 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 the Department,the
Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates
of insurance,a self-insured authorization,or other certification of self-insurance.
£ Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason,the Grantee shall immediately notify the 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)calendar days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30
days'written notice to the Grantee,when the Department determines,in its sole discretion,that it is in the State's
interest to do so. The Department shall notify the 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 shall not furnish any service or deliverable after it receives the notice of termination,unless otherwise
instructed in the notice. The Grantee shall not be entitled to recover any cancellation charges or lost profits. If
the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work
satisfactorily performed for which costs can be substantiated.
b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described
below occur or in the event that the Grantee fails to fulfill any of its other obligations under this Agreement.The
Grantee shall continue work on any portion of the Agreement not terminated. If,after termination,it is determined
that the 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 the Department.The rights and remedies
of the Department in this clause are in addition to any other rights and remedies provided by law or under this
Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination,
and except as otherwise directed by the Department,the Grantee shall stop performing services on the date,and
to the extent specified,in the notice.
14. Notice of Default.
If the Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including,
without limitation,any of the events of default listed below,the Department shall provide notice to the 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, the Grantee will be found in default, and the Department may terminate the
Agreement effective as of the date of receipt of the default notice.
15. Events of Default.
Provided such failure is not the fault of the Department or outside the reasonable control of the 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 the 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.
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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 the like furnishing labor or materials, or failure to make
payment to any other entities as required herein in connection with the 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;and
i. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the
specified 30-day period,the Grantee(including its receiver or trustee in bankruptcy)provides to the Department
adequate assurances,reasonably acceptable to the 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 the Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of the Grantee's business or property;
and/or
iv. An action by the 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 the 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,the Grantee shall comply
with the notice.Within 90 days,or any longer period agreed to by the parties,the Department shall either:(1)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
(3 0)days'notice required for a notice of termination for convenience.Suspension of work shall not entitle the Grantee
to any additional compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of the 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 the Grantee's control,or for any of
the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In
case of any delay the Grantee believes is excusable,the Grantee shall notify the Department in writing of the delay or
potential delay and describe the cause of the delay either(1)within ten days after the cause that creates or will create
the delay first arose,if the 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 the 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 the Department. The
Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the 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 the Grantee shall perform at no increased cost,unless the Department
determines,in its sole discretion,that the delay will significantly impair the value of the Agreement to the Department,
in which case the Department may(1)accept allocated performance or deliveries from the Grantee,provided that the
Grantee grants preferential treatment to Department with respect to products subjected to allocation;(2)contract with
other sources(without recourse to and by the 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 the Agreement in whole or in part.
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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 the 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 the
Grantee shall not indemnify for that portion of any loss or damages proximately caused by the
negligent act or omission of the Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of the Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon the
Department giving the 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 the Department in any legal action without the Grantee's prior written consent,which shall not be unreasonably
withheld.
c. Notwithstanding sections a.—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 of Florida 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 the Department to hold harmless or indemnify the Grantee,insure
or assume liability for the Grantee's negligence,waive the Department's sovereign immunity under the laws of
Florida,or otherwise impose liability on the 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 the Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit the 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 the 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 the Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of the 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 the Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
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ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals,or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier,subcontractor,or consultant under a contract with any public entity;and may not transact
business with any public entity.
iii. Notification. The Grantee shall notify the Department if it or any of its suppliers, subcontractors,
or consultants have been placed on the convicted vendor list or the discriminatory vendor list during
the life of the Agreement. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website.Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity,at(850)487-0915.
23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall comply with all federal,state and local regulations,including,but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law,the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135,F.S.In
addition,Grantee agrees to observe the requirements of Section 287.135,F.S.,for applicable sub-agreements entered
into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may
immediately terminate this Agreement for cause if the Grantee, its affiliates,or its subcontractors are found to have
submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable
scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. 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 the Grantee and the State, the Grantee may
lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation
regarding that agreement.The Grantee shall comply with Sections 11.062 and 216.347,F.S.
26. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department,the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In
the event that any work is subcontracted,the Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of the Department's Inspector General,or other authorized
State official,the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or
financial records,documents, or files of any type or form that refer to or relate to the 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/).
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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 Subcontracts issued under this Agreement,if any,impose this requirement,in writing,on
its sub-grantees.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement,with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment,materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement;and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include
an updated copy of Exhibit 1,to Attachment 5. If the Department fails to provide an updated copy of Exhibit 1
to include in each amendment that authorizes a funding increase or decrease,the 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,the 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,the 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,
the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs
to the Agreement pursuant to State and Federal guidelines(including cost allocation guidelines). 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)calendar 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,the Grantee,or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If the Department finds that these funds have been commingled,the Department shall have the right
to demand a refund, either in whole or in part, of the funds provided to the Grantee under this
Agreement for non-compliance with the material terms of this Agreement. The Grantee,upon such
written notification from the Department shall refund, and shall forthwith pay to the Department,
the amount of money demanded by the 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 the Department by the Grantee to the date
repayment is made by the Grantee to the Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the
Department, from another source(s),the Grantee shall reimburse the 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 the Grantee to the date
repayment is made to the Department.
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.
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29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of the Department.
30. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions,all services contracted for are to be performed
solely by the Grantee and may not be subcontracted or assigned without the prior written consent of the
Department.
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 the 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 the 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 the Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under any subcontract.
e. The Department will not deny the Grantee's employees, subcontractors,or agents access to meetings within the
Department's facilities,unless the basis of the 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 of Florida. 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
the 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 the Grantee to meet the required
delivery schedule.
31. Guarantee of Parent Company.
If the Grantee is a subsidiary of another corporation or other business entity,the Grantee asserts that its parent company
will guarantee all of the obligations of the Grantee for purposes of fulfilling the obligations of the Agreement. In the
event the Grantee is sold during the period the Agreement is in effect,the Grantee agrees that it will be a requirement
of sale that the new parent company guarantee all of the obligations of the 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 the Grantee,
its agents,servants,and employees,nor shall the Grantee disclaim its own negligence to the 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 the Department consents to a subcontract,the 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
the Agreement must comply with all security and administrative requirements of the 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 the Department.In the event
of any assignment,the Grantee remains secondarily liable for performance of the Agreement,unless the Department
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expressly waives such secondary liability.The Department may assign the Agreement with prior written notice to the
Grantee of its intent to do so.
37. Prohibited Local Government Construction Preferences.
Pursuant to Section 255.0991,F.S.,for a competitive solicitation for construction services in which 50 percent(50%)
or more of the cost will be paid from state-appropriated funds that have been appropriated at the time of the competitive
solicitation,a state college,county,municipality,school district,or other political subdivision of the state may not use
a local ordinance or regulation that provides a preference based upon:
i. The contractor's maintaining an office or place of business within a particular local jurisdiction;
ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction;or
iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local
jurisdiction.
For any competitive solicitation that meets the criteria of this section, a state college, county, municipality, school
district,or other political subdivision of the state shall disclose in the solicitation document that any applicable local
ordinance or regulation does not include any preference that is prohibited by this section.
38. Prohibited Governmental Actions for Public Works Projects.
Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are
prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and
prohibited from restricting qualified bidders from submitting bids.
a. "Political subdivision" means separate agency or unit of local government created or established by law or
ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other
municipality;or a department,commission,authority,school district,taxing district,water management district,
board,public corporation, institution of higher education, or other public agency or body thereof authorized to
expend public funds for construction,maintenance,repair or improvement of public works.
b. "Public works project"means an activity of which fifty percent(50%)or more of the cost will be paid from state-
appropriated funds that were appropriated at the time of the competitive solicitation and which consists of
construction,maintenance,repair,renovation,remodeling or improvement of a building,road,street,sewer,storm
drain,water system,site development,irrigation system,reclamation project,gas or electrical distribution system,
gas or electrical substation,or other facility,project,or portion thereof that is owned in whole or in part by any
political subdivision.
c. Except as required by federal or state law,the state or political subdivision that contracts for a public works project
may not require that a contractor,subcontractor or material supplier or carrier engaged in such project:
i. Pay employees a predetermined amount of wages or prescribe any wage rate;
ii. Provide employees a specified type,amount,or rate of employee benefits;
iii. Control,limit,or expand staffing;or
iv. Recruit,train,or hire employees from designated,restricted,or single source.
d. For any competitive solicitation that meets the criteria of this section, the state or political subdivision that
contracts for a public works project may not prohibit any contractor,subcontractor,or material supplier or carrier
able to perform such work who is qualified,licensed,or certified as required by state law to perform such work
from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and
Section 287.134,F.S.
e. Contracts executed under Chapter 337,F.S.are exempt from these prohibitions.
39. Execution in Counterparts and Authority to Sign.
This Agreement,any amendments,and/or change orders related to the Agreement,may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT AGREEMENT
SPECIAL TERMS AND CONDITIONS
AGREEMENT No. 17PB2
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the Delray Beach Shore Protection Project.The Project is defined in
more detail in the Attachment 3,Grant Work Plan.
2. Duration.
a. Reimbursement Period.The reimbursement period for this Agreement is the same as the term of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Costs Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match Category
❑ ❑ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
❑ ❑ a. Fringe Benefits,N/A.
❑ ❑ b. Indirect Costs,for actual costs not to exceed the budget amount
identified in Attachment 3.
® ❑ Contractual(Subcontractors)
❑ ❑ Travel
❑ ❑ Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
No Equipment purchases shall be funded under this Agreement.
There will be no Land Acquisitions funded under this Agreement.
S. Match Requirements.
See Attachment 3,Grant Work Plan.
6. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
Attachment 2,Agreement No. 17PB2
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7. Additional Lobbying Requirements for Federally-Funded Agreements
This Agreement is not federally funded.
8. Miscellaneous Contract Terms.
a. Retainage.
Retainage is permitted under this agreement. Retainage may be up to a maximum of 10%of the total amount of the
Agreement.
b. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Grant Manager
except for certain fixed-price subcontracts pursuant to this Agreement,which require prior approval. The Grantee
shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted
work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to be performed under this
Agreement.
c. State-owned land.
Special Terms for Projects on State-Owned Land. The Board of Trustees of the Internal Improvement Trust Fund
must be listed as additional insured to general liability insurance required by the Agreement and,if the Grantee is a
non-governmental entity,indemnified by the Grantee.
d. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
9. Additional Terms.
None.
Any terms added here must be approved by the Office of General Counsel.
Attachment 2,Agreement No. 17PB2
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ATTACHMENT 3
GRANT WORK PLAN
PROJECT TITLE: Delray Beach Shore Protection Project
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department/DEP) reference monuments R175+300 and R188A along the Atlantic Ocean in the City of
Delray Beach in Palm Beach County,Florida.
PROJECT BACKGROUND: The Project was initially restored in 1973, and subsequently nourished in
1978, 1984, 1992,2002,2005,2013 and 2014.The 2005 Project was a storm repair project to address sand
erosion that occurred during the 2004-05 hurricane season. In response to sand erosion caused by the
passage of Hurricane Sandy,the Project was nourished in two segments between 2013 and 2014.The fifth
nourishment event was completed in April 2013,placing sand from R179 to R188A.A subsequent FCCE
project was completed in April 2014 by the USACE,placing sand on the northern end of the Project from
R175+300 to R180, slightly overlapping the 2013 nourishment.
PROJECT DESCRIPTION: The Project includes tasks associated with post-construction monitoring for
the Delray Beach Shore Protection Project.
PROJECT ELIGIBILITY: The Department has determined that 100 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$51,527 for this Project or up to 50 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 6213-36,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,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 62B-36.005(1)(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:
http://www.dep.state.fl.us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf.
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department,unless otherwise specified.
DEP Agreement No. 17PB2,Attachment 3,Page 1 of 3
Acronyms:
DEP or FDEP—Florida Department of Environmental Protection
F.A.C.—Florida Administrative Code
FCCE—Flood Control and Coastal Emergency
F.S.—Florida Statutes
FWC—Florida Fish and Wildlife Conservation Commission
USACE—United States Army Corps of Engineers
TASKS and DELIVERABLES:
For all tasks identified below,the Local Sponsor will provide detailed scopes of work or a letter requesting
advance payment, 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: Monitoring
State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute
and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest
and to be consistent with Section 287.057(17)(a)(1), F.S., all monitoring data and statistical analysis must
be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor
permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate
mitigation plan,consistent with Section 287.057(17)(a)(1),F.S.,including a description of organizational,
physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses
conflicts of interest when contracting multi-disciplinary firms for Project engineering and post-construction
environmental monitoring services,or when the Project engineering consultant firm subcontracts for post-
construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and
mangrove resources. Department approval of the consultant's mitigation plan will be required prior to
execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to
comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by
the Department associated with environmental monitoring for the Project listed.
Task Description: This task includes activities associated with permit-required monitoring conducted in
accordance with the conditions specified by state or federal regulatory agencies.All monitoring tasks must
be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring
Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of
nearshore resources is available in the Department's Standard Operation Procedures For Nearshore
Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products
directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be
eligible for reimbursement under this task,unless otherwise directed.
Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report
containing; 1)An itemized listing of all monitoring activities completed or in progress during the payment
request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed
monitoring data, surveys and final reports for permit-required work under this task description.
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.
DEP Agreement No. 17PB2,Attachment 3,Page 2 of 3
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than monthly.
Estimated Eligible Project Cost
State Federal
Task# Eligible Project Tasks Cost Estimated DEP Local Total
Share Project
(%) Costs
1 Monitoring 50.00% $132,927.00 $51,527.00 $51,528.00 $235,982.00
TOTAL PROJECT COSTS $132,927.00 $51,527.00 $515528.00 $235,982.00
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by,the corresponding task end date.
Task Task Title Budget Category Budget Task Start Deliverable
No. Amount Date Due Date
1 Monitoring Contractual Services $51,527 02/01/2016 9/1/2018
Total: $51,527
DEP Agreement No. 17PB2,Attachment 3,Page 3 of 3
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records
a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the
Department in its performance of services under the Agreement,the 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 the 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 the 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 the
Grantee is a"contractor" as defined in section 119.0701(1)(a),F.S.,the following provisions
apply:
a. Keep and maintain Public Records required by the Department to perform the service.
b. Upon request,provide the Department with a copy of requested Public Records or allow the
Public Records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119,F.S., or as otherwise provided by law.
c. A contractor who fails to provide the Public Records to the 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 the Department.
e. Upon completion of the contract, transfer, at no cost,to the Department all Public Records in
possession of the contractor or keep and maintain Public Records required by the Department
to perform the service. If the contractor transfers all Public Records to the 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 the Department,upon request from the
Department's custodian of Public Records, in a format specified by the Department as
compatible with the information technology systems of the 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
Rev. 5/26/17 Attachment 4
1 of 2
CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF
PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services( dep.state.fl.us
Mailing Address: Department of Environmental Protection
ATT : Office of Ombudsman and Public
Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Rev. 5/26/17 Attachment 4
2 of 2
ATTACHMENT 5
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection(which may be referred to
as the "Department", 'DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee"or other name in the contract/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 OMB Circular A-133, as revised, 2 CFR Part 200,
Subpart F,and Section 215.97,F.S.,as revised(see"AUDITS"below),monitoring procedures may include,but not
be limited to,on-site visits by Department staff,limited scope audits as defined by ONIB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and/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 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 OMB
Circular A-133,as revised(for fiscal year start dates prior to December 26,2014),or as defined in 2 CFR§200.330
(for fiscal year start dates after December 26,2014).
1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26,
2014) or more in Federal awards in its fiscal year, the recipient must have a single or program-specific
audit conducted in accordance with the provisions of OMB Circular A-133,as revised,and 2 CFR Part 200,
Subpart F. EXI3IBIT 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 by OMB Circular A-133, as revised, and 2 CFR
Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the
provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F,will meet the requirements
of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised,and 2 CFR Part 200,Subpart F.
3. If the recipient expends less than$500,000(or$750,000,as applicable)in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of ONIB Circular A-133, as revised, and 2 CFR Part
200, Subpart F, is not required. In the event that the recipient expends less than$500,000(or$750,000,as
applicable)in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133,as revised,and 2 CFR Part 200, Subpart F 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 than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at www.efda.gov
Attachment 5
1 of 5
Rev.5/30/17
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n),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,the recipient must have a State single or project-specific audit
for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department
of Financial Services;and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates 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(7),Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year,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://gpps.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.mvflorida.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
(NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV:REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and
2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required
by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of
the recipient directly to each of the following:
Attachment 5
2of5
Rev.5/30/17
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR
§200.501(a)(the number of copies required by Sections .320(d)(1)and(2),OMB Circular A-133,
as revised,and 2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the
following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008,must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/facweb/
C. Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),
OMB Circular A-133,as revised,and 2 CFR§200.512.
2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F,the recipient
shall submit a copy of the reporting package described in Section.320(c),OMB Circular A-133,as revised,
and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of
Environmental Protection at one the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSingleAudit,,,dep.state.fl.us
3. Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Attachment 5
3 of 5
Rev.5/30/17
Electronically:
FDEPSingleAudit@dep.state.fl.us
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401,Claude Pepper Building
111 West Madison Street
Tallahassee,Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000
Electronically:
FDEPSing]eAudit@dep.state.fl.us
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local
governmental entities)or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as
applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 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 3 years from the date the
audit report is issued,unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment 5
4of5
Rev.5/30/17
EXHIBIT—1
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Reci fent Pursuant to this Agreement Consist of the Following:
Federal State
Program CFDA Appropriation
Number Federal Agency Number CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams:
Federal State
Program Appropriation
Number Federal Agency CFDA CFDA Title Funding Amount Category
State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Sub'ect to Section 215.97,F.S.:
State CSFA Title State
Program State CSFA or Appropriation
Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category
Original Land Acquisition Trust 2016-2017 37.003 Beach Management Funding $25,514.00 140126
Agreement Fund,GAA Line Item# Assistance Program
1602
Original General Revenue,GAA 2017-2018 37.003 Beach Management Funding $26,013.00 140126
Agreement Line Item#1609 Assistance Program
Total Award 1 $51,527.00
For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA)
[www.efda.gov] and/or the Florida Catalog of State Financial Assistance(CSFA)[bttps://apps.fldfs.com/fsaa/searchCatalog.asp ]. The services/purposes for
which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
Attachment 5
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R-5130/17
EXHIBIT D
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART I
PAYMENT SUMMARY
Name of Project: Delray Beach Shore Protection Project
Local Sponsor: City of Delray Beach
DEP Agreement Number: 17PB2
Remittance Address:
Billing Number:
Billing Type: ❑Interim Billing ❑Final Billing
Costs Incurred This Payment Request:
Federal Share* State Share Local Share Total
*if applicable
Cost Summary:
State Funds Obligated Local Funds Obligated
Less Advance Pay Less Advance Pay
Less Previous Payment Less Previous Credits
Less Previous Retained Less This Credit
Less This Payment Local Funds Remaining
Less This Retainage(10%)
State Funds Remaining
DEP Agreement No. 17PB2,Exhibit D,Page 1 of 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART II
Name of Project: Billing Period(1):
Billing Number: Person Completing Form&Telephone Number(2):
DEP Agreement Number:
REIMBURSEMENT DETAIL
Federal
Item Vendor Invoice Check Eligible %Fed Share of Non- % State Local Retainage Withheld State
InvoicFederal State
e Task/Deliverable Invoice Cost Share Invoice Share Share Payment Retainage Payment
# Name Number Date Number Number(3) Amount(4) (5) (6) Amount Share Share(8) (9)�
(10) (11) (12) (13) (14)
$0.00 0.00 0.00 0.00
Totals
Total Due to Local Sponsor(15)
Form Instructions:
1.Billing Period: Should reflect Invoice services performed date.(beginning date-earliest dale of services,end date-latest date of services performed).
2. Person responsible for completing this form:Please identify the person responsible for completing information if clarification is needed.
3.Deliverable#:Must identify completed deliverable(s)for each invoice.If invoice covers multiple deliverables,that invoice would be listed multiple times,aline item for each deliverable.
4.Invoice Amount
5.Eligible Cost:Invoice amount paid by Local Sponsor less ineligible cost for Line Item Deliverable only.
6. %Federal Share: If applicable this should be the percentage listed in Agreement.Federal Share will be listed on Table I if applicable.
7.Federal Share:If applicable,Local Sponsor will multiply Eligible Cost by Federal Share Percentage,
8.Non-Federal Share:Eligible Cost(5)minus Federal Share of Invoiced Amount(7).
9.Percentage of State Share: This should be the State Share Percentage listed in Agreement.
10. State Share:Multiply Non-Federal Share by State Share Percentage.
11.Local Share: Subtract State Share from Non-Federal Share.
12.Retainage Payment:Requires separate line for each completed Task,Sub-Task and or Deliverable that retainage is being requested.
13.Withheld Retainage: Multiply State Share by 101%.
14. State Payment:Subtract Retainage from State Share.
15.Total Due to Local Sponsor: Add Retainage Payment Total(12)to State Payment Total(14).
Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form.
Notes:For questions or concerns regarding this form please contact:Janice Simmons-(850)245-2978 or email at Janice.L.Simmons@dep.state.fl.us '..
DEP Agreement No. 17PB2,Exhibit D,Page 2 of 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
REQUEST FOR PAYMENT—PART III
PROJECT PROGRESS REPORT
Name of Project: Delray Beach Shore Protection Project
Local Sponsor: City of Delray Beach
DEP Agreement Number: 17PB2
Billing Number:
Report Period-
Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding
percent of task completed to date. Describe any implementation problems encountered, if applicable.). NOTE: Use as
many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
DEP Agreement No. 17PB2,Exhibit D,Page 3 of 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
CERTIFICATION OF DISBURSEMENT REQUEST
REQUEST FOR PAYMENT—PART IV
Name of Project:Delray Beach Shore Protection Project
Local Sponsor: City of Delray Beach
DEP Agreement Number: 17PB2
Billing Number:
Certification:I certify that this billing is correct and is based upon actual obligations of record by the Local
Sponsor;that payment from the State Government has not been received;that the work and/or services are
in accordance with the Department of Environmental Protection,Beach Management Funding Assistance
Program's approved Project Agreement including any amendments thereto; and that progress of the work
and/or services are satisfactory and are consistent with the amount billed. The disbursement amount
requested on Page 1 of this form is for allowable costs for the Project described in the grant work plan.
I certify that the purchases noted were used in accomplishing the Project;and that invoices,check vouchers,
copies of checks, and other purchasing documentation are maintained as required to support the cost
reported above and are available for audit upon request.
Name of Project Administrator Signature of Project Administrator Date
Name of Project Financial Officer Signature of Project Financial Officer Date
DEP Agreement No. 17PB2,Exhibit D,Page 4 of 5
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM
PROJECT COMPLETION CERTIFICATION
PART V
Name of Project: Delray Beach Shore Protection Project
Local Sponsor: City of Delray Beach
DEP Agreement Number: 17PB2
Task Completion ❑(List Task)
Project Completion ❑
*I hereby certify that the above-mentioned Project task has been completed in accordance with the Project
Agreement, including any amendments thereto, between the Department and Local Sponsor, and all funds
expended for the Project were expended pursuant to this Agreement.All unused funds and interest accrued
on any unused portion of advanced funds which have not been remitted to the Department, have been
returned to the Department, or will be returned to the Department within sixty(60)days of the completion of
construction portion of this Project.Unused funds advanced to the United States Army Corps of Engineers
through Local Sponsors will be due sixty(60)days after the Federal final accounting has been completed.
it
Name of Project Manager Signature of Project Manager Date
DEP Agreement No. 17PB2,Exhibit D,Page 5 of 5