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2016-63 I
DEP AGREEMENT NO LP35141
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WATER RESTORATION ASSISTANCE
GRANT AGREEMENT
PURSUANT TO LiNE ITEM 1600A OF THE FY16 17 GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into pursuant to Section 215 971 Florida Statutes(F S) between the STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION whose address is 3900 Commonwealth
Boulevard Tallahassee Florida 32399 3000 (hereinafter referred to as the Department ) and the CITY OF
CLERMONT whose address is 685 West Monroe Street Clermont Florida 34711 (hereinafter referred to as
Grantee ) a local government to provide financial assistance for the Clermont Alternative Water Supply Sunburst
LFA Wells project Collectively the Department and the Grantee shall be referred to as Parties or individually as
a Party
In consideration of the mutual benefits to be derived herefrom the Department and the Grantee do hereby
agree as follows
1 TERMS OF AGREEMENT
The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this
Agreement Attachment A Grant Work Plan and all attachments and exhibits named herein which are
attached hereto and incorporated by reference For purposes of this Agreement the terms Grantee and
Recipient are used interchangeably
2 PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties and shall remain in effect until
December 30 2018 inclusive The Grantee shall be eligible for reimbursement for work performed on or
after July 1 2016 through the expiration date of this Agreement This Agreement may be amended to
provide for additional services if additional funding is made available by the Legislature
3 FUNDING/CONSIDERATION/INVOiCING
A As consideration for the satisfactory completion of services rendered by the Grantee under the terms
of this Agreement the Department shall pay the Grantee on a cost reimbursement basis up to a
maximum of$500 000 It is understood that any additional funds necessary for the completion of
this project are the responsibility of the Grantee The parties hereto understand and agree that this
Agreement does not require a match on the part of the Grantee
B Prior wntten approval from the Department s Grant Manager shall be required for changes to this
Agreement
A Change Order to this Agreement is required 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 A are less than ten percent
(10%) of the total budget as last approved by the Department All Change Orders are
subject to the mutual agreement of both parties as evidenced in writing
n 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 A exceeds or is expected to exceed ten percent(10%)
DEP Agreement No LP35141 Page 1 of 13
of the total budget as last approved by the Department All Amendments are subject to the
mutual agreement of both parties as evidenced in writing
C The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon
the completion submittal and approval of each deliverable identified in Attachment A in
accordance with the schedule therein Reimbursement shall be requested utilizing Attachment B
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 myfloridacfo com/aadir/reference guide/ All invoices for amounts due under this
Agreement shall be submitted in detail sufficient for a proper pre audit and post audit thereof 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 assure the availability of funds for payment All
work performed pursuant to Attachment A must be performed on or before the completion date of
the Agreement and the subsequent sixty day period merely allows the Grantee to finalize invoices
and backup documentation to support the final payment request
D The State Chief Financial Officer requires detailed supporting documentation of all costs under a
cost reimbursement agreement The Grantee shall comply with the minimum requirements set forth
in Attachment C Contract Payment Requirements The Payment Request Summary Form shall
be accompanied by supporting documentation and other requirements as follows for each
deliverable Reimbursement shall be limited to the following budget categories
Contractual(Subcontractors)—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 multipliers used (0 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 on the excessive charges shall be calculated
based on the prevailing rate used by the State Board of Administration Subcontracts
which involve equipment purchases as part of an installation/retrofit or that include
infrastructure and/or infrastructure improvements as defined in Florida Chief Financial
Officer(CFO) Memorandum No 5 (2011 2012) must be capitalized in accordance with
Chapter 691 72 Florida Administrative Code (F A C) 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
For fixed price(vendor)subcontracts the following provisions shall apply
a The Grantee may award on a competitive basis fixed price subcontracts to
consultants/contractors in performing the work described in Attachment A
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(i e Invitation to Bid or
Request for Proposals)resulting in the fixed price subcontract
b The Grantee may request approval from the Department to award a fixed price
subcontract resulting from procurement methods other than those identified in the
paragraph 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
DEP Agreement No LP35141 Page 2 of 13
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
c All subcontracts are subject to the provisions of paragraph 12 and any other
appropriate provisions of this Agreement which affect subcontracting activities
E In addition to the invoicing requirements contained in paragraphs 3 C and D above the Department
will periodically request proof of a transaction (invoice payroll register etc) to evaluate the
appropriateness of costs to the Agreement pursuant to State and Federal guidelines(including cost
allocation guidelines) as appropriate This information when requested must be provided within
thirty (30) calendar days of such request The Grantee may also be required to submit a cost
allocation plan to the Department in support of its multipliers (overhead indirect general
administrative costs and fringe benefits) State guidelines for allowable costs can be found in the
Department of Financial Services Reference Guide for State Expenditures at
http//www myfloridacfo com/aadir/reference guide/
F i 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
ii 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
m 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 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 payment(s)are recovered by the Grantee to
the date repayment is made to the Department by the Grantee
4 ANNUAL APPROPRIATION
The State of Florida s performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature The parties hereto understand that this Agreement is not a commitment of
future appropriations Authorization for continuation and completion of work and payment associated
therewith may be rescinded with proper notice at the discretion of the Department if Legislative
appropriations are reduced or eliminated
DEP Agreement No LP35141 Page 3 of 13
5 REPORTS
A The Grantee shall utilize Attachment D Progress Report Form to describe the work performed
during the reporting period problems encountered problem resolutions scheduled updates and
proposed work for the next reporting period Quarterly reports shall be submitted to the
Department s Grant Manager no later than twenty(20)calendar days following the completion of
the quarterly reporting period it is hereby understood and agreed by the parties that the term
quarterly shall reflect the calendar quarters ending March 31 June 30 September 30 and
December 31 The Department s Grant Manager shall have thirty(30)calendar days to review the
required reports and deliverables submitted by the Grantee
B The Grantee will identify the expected return on investment for this project and provide this
information to the Governor s Office of Policy and Budget(OPB)within three months of execution
of this Agreement For each full calendar quarter thereafter the Grantee will provide quarterly
update reports directly to OPB no later than 20 days after the end of each quarter documenting the
positive return on investment to the state that results from the Grantee s project and its use of funds
provided under this Agreement Quarterly reports will continue until the Grantee is instructed by
OPB that no further reports are needed or until the end of this Agreement whichever occurs first
All reports shall be submitted electronically to OPB at env roi 2 laspbs state fl us and a copy shall
also be submitted to the Department at legislativeaffairs@dep state fl us
6 RETAINAGE
Retainage is not required under this Agreement
7 INDEMNIFICATION
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 Florida Statutes 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
8 DEFAULT/TERMiNATiON/FORCE MAJEURE
A The Department may terminate this Agreement at any time if any warranty or representation made
by Grantee in this Agreement or in its application for funding shall at any time be false or misleading
in any respect or in the event of the failure of the Grantee to fulfill any of its obligations under this
Agreement Prior to termination the Department shall provide thirty (30) calendar days written
notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s)for termination
B The Department may terminate this Agreement for convenience by providing the Grantee with thirty
(30)calendar day s written notice If the Department terminates the Agreement for convenience the
Department shall notify the Grantee of such termination with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be terminated 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
C if a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment
of the requirements of this Agreement the Grantee shall promptly notify the Department orally
Within seven(7)calendar days the Grantee shall notify the Department in writing of the anticipated
length and cause of the delay the measures taken or to be taken to minimize the delay and the
Grantee s intended timetable for implementation of such measures If the parties agree that the
delay or anticipated delay was caused or will be caused by a force majeure the Department may
at its discretion extend the time for performance under this Agreement for a period of time equal to
DEP Agreement No LP35141 Page 4 of 13
the delay resulting from the force majeure upon execution of an amendment to this Agreement
Such agreement shall be confirmed by letter from the Department accepting or if necessary
modifying the extension A force majeure shall be an act of God strike lockout or other industrial
disturbance act of the public enemy war blockade public riot lightning fire flood explosion
failure to receive timely necessary third party approvals through no fault of the Grantee and any
other cause whether of the kind specifically enumerated herein or otherwise that is not reasonably
within the control of the Grantee and/or the Department The Grantee is responsible for the
performance of all services issued under this Agreement Failure to perform by the Grantee s
consultant(s)or subcontractor(s)shall not constitute a force majeure event
9 REMEDIES/FINANCIAL CONSEQUENCES
No payment will be made for deliverables deemed unsatisfactory by the Department in the event that a
deliverable is deemed unsatisfactory by the Department the Grantee shall re perform the services needed for
submittal of a satisfactory deliverable at no additional cost to the Department within ten(10)calendar days
of being notified of the unsatisfactory deliverable if a satisfactory deliverable is not submitted within the
specified timeframe the Department may in its sole discretion either 1)terminate this Agreement for failure
to perform or 2)the Department Grant Manager may by letter specifying the failure of performance under
this Agreement request that a proposed Corrective Action Plan (CAP)be submitted by the Grantee to the
Department All CAPS must be able to be implemented and performed in no more than sixty(60)calendar
days
A A CAP shall be submitted within ten (10)calendar days of the date of the letter request from the
Department The CAP shall be sent to the Department 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
B 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
C 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
The remedies set forth above are not exclusive and the Department reserves the right to exercise other
remedies in addition to or in lieu of those set forth above as permitted by the Agreement
10 RECORD KEEPING/AUDIT
A 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 any work is
subcontracted the Grantee shall similarly require each subcontractor to maintain and allow access
to such records for audit purposes
DEP Agreement No LP35141 Page 5 of 13
B The Grantee understands its duty pursuant to Section 20 055(5) F S to cooperate with the
Department s 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 Grant if any
impose this requirement in writing on its subcontractors
11 SPECIAL AUDiT REQUIREMENTS
A In addition to the requirements of the preceding paragraph the Grantee shall comply with the
applicable provisions contained in Attachment E Special Audit Requirements attached hereto
and made a part hereof Exhibit 1 to Attachment E summarizes the funding sources supporting
the Agreement for purposes of assisting the Grantee in complying with the requirements of
Attachment E A revised copy of Exhibit 1 must be provided to the Grantee for each amendment
which authorizes a funding increase or decrease If the Grantee fails to receive a revised copy of
Exhibit 1 the Grantee shall notify the Department s Grants Development and Review Manager at
(850)245 2361 to request a copy of the updated information
B The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may
further apply to lower tier transactions that may be a result of this Agreement The Grantee shall
consider the type of financial assistance(federal and/or state)identified in Attachment E,Exhibit
1 when making its determination 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
The Grantee should confer with its chief financial officer audit director or contact the Department for
assistance with questions pertaining to the applicability of these requirements
12 SUBCONTRACTS
A The Grantee may subcontract work under this Agreement without the prior wntten consent of the
Department s Grant Manager except for certain fixed price subcontracts pursuant to paragraph 3 D
of 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 The Grantee agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under any
subcontract It is understood and agreed by the Grantee that the Department shall not be liable to
any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract
B 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
13 PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES
A Pursuant to Section 255 0991 F S for a competitive solicitation for construction services in which
50 percent or more of the cost will be paid from state appropriated funds which have been
DEP Agreement No LP35141 Page 6 of 13
appropriated at the time of the competitive solicitation a state college county municipality school
distnct or other political subdivision of the state may not use a local ordinance or regulation that
provides a preference based upon
► The contractor s maintaining an office or place of business within a particular local
jurisdiction or
u The contractor s hiring employees or subcontractors from within a particular local
jurisdiction or
►►i The contractor s prior payment of local taxes assessments or duties within a particular
local jurisdiction
B For any competitive solicitation that meets the criteria in Paragraph A 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 Paragraph A
14 LOBBYING PROHIBITION
In accordance with Section 216 347 F S the Grantee is hereby prohibited from using funds provided by this
Agreement for the purpose of lobbying the Legislature the judicial branch or a state agency Further in
accordance with Section 11 062 F S no state funds exclusive of salaries travel expenses and per diem
appropriated to or otherwise available for use by any executive judicial or quasi judicial department shall
be used by any state employee or other person for lobbying purposes
15 COMPLIANCE WITH LAW
The Grantee shall comply with all applicable federal state and local rules and regulations in providing
services to the Department under this Agreement The Grantee acknowledges that this requirement includes
but is not limited to compliance with all applicable federal state and local health and safety rules and
regulations The Grantee further agrees to include this provision in all subcontracts issued as a result of this
Agreement
16 NOTICE
All notices and written communication between the parties shall be sent by electronic mail U S Mail a
couner 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 Any and all notices required by this Agreement shall be delivered to
the parties at the addresses identified under paragraph 17
17 CONTACTS
The Department s Grant Manager(which may also be referred to as the Department s Project Manager)at
the time of execution for this Agreement is identified below
George Frisby or Successor
Florida Department of Environmental Protection
Division of Water Restoration Assistance
3900 Commonwealth Blvd MS#3505
Tallahassee Florida 32399
Telephone No 850 245 2829
E mail Address George Frisby@dep state fl us
DEP Agreement No LP35141 Page 7 of 13
The Grantee s Grant Manager at the time of execution for this Agreement is identified below
James Kinzler or Successor
Assistant City Manager
City of Clermont
685 West Monroe Street
Clermont Florida 34711
Telephone No 352 241 7356
Fax No 352 394 4087
E mail Address JKmzler@clermontfl org
In the event the Department s or the Grantee s Grant Manager changes written notice by electronic mail with
acknowledgement by the other party will be acceptable Any subsequent Change Order or Amendment
pursuant to paragraph 3 B should include the updated Grant Manager information
18 INSURANCE
A Providing and maintaining adequate insurance coverage is amaterial obligation of the Grantee This
insurance must provide coverage for all claims that may arise from the performance of the work
specified under this Agreement whether such work is performed by the Grantee any sub grantee
or Grantee s contractors Such insurance shall include the State of Florida the Department and the
State of Florida Board of Trustees of the Internal Improvement Trust Fund as Additional Insureds
for the entire length of the Agreement
B Coverage may be by private insurance or self insurance The Grantee shall provide documentation
of all required coverage to the Department s Grant Manager prior to performance of any work
pursuant to this Agreement All commercial insurance policies shall be with insurers licensed or
eligible to do business in the State of Florida The Grantee s current certificate of insurance shall
contain a provision that the insurance will not be canceled for any reason except after thirty (30)
calendar days written notice(with the exception of non payment of premium which requires a 10
calendar day notice) to the Departments Grant Manager If the Grantee is self funded for any
category of insurance then the Grantee shall provide documentation that warrants and represents
that it is self funded for said insurance appropriate and allowable under Florida law and that such
self insurance offers protection applicable to the Grantee s officers employees servants and agents
while acting within the scope of their employment with the Grantee for the entire length of the
Agreement
C Dunng the life of this Agreement the Grantee shall secure and maintain insurance coverages as
specified below In addition the Grantee shall include these requirements in any sub grant or
subcontract issued for the performance of the work specified under this Agreement unless such sub
grant or subcontractor employees are covered by the protection afforded by the Grantee
i Workers Compensation Insurance is required for all employees connected with the work
of this project Any self insurance program or insurance coverage shall comply fully with
the Florida Workers Compensation law In case any class of employees engaged in
hazardous work under this Agreement is not protected under Workers Compensation
statutes the Grantee shall provide proof of adequate insurance satisfactory to the
Department for the protection of its employees not otherwise protected
II Commercial General Liability insurance is required including bodily injury and property
damage The minimum limits of liability shall be$200 000 each individual s claim and
$300 000 each occurrence
DEP Agreement No LP35141 Page 8 of 13
iii Commercial Automobile Liability insurance is required for all claims which may arise
from the services and/or operations under this Agreement whether such services and/or
operations are by the Grantee or any of its contractors The minimum limits of liability
shall be as follows
$300 000 Automobile Liability Combined Single Limit for Company
Owned Vehicles if applicable
$300 000 Hired and Non owned Automobile Liability Coverage
iv Other insurance may be required if any work proceeds over or adjacent to water including
but not limited to Jones Act Longshoreman s and Harbormaster 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/owcp/dlhwc/Iscontac htm)or to the parties insurance carrier
19 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
20 EQUIPMENT
The purchase of non expendable personal property or equipment costing $1 000 or more purchased for
purposes of this Agreement remains the property of the Grantee Upon satisfactory completion of this
Agreement the Grantee may retain ownership and will require its subcontractor to account for and report on
all non expendable personal property or equipment purchased under its subcontract Non expendable
personal property or equipment purchased by a subcontractor that meets the parameters set forth in paragraph
3 D of this Agreement shall be capitalized in accordance with Chapter 69I 72 F A C with property records
maintained by the Grantee for audit purposes The following terms shall apply
A The Grantee and/or its subcontractor shall have use of the non expendable personal property or
equipment for the authorized purposes of the contractual arrangement as long as the required work
is being performed
B The Grantee is responsible for the implementation of adequate maintenance procedures to keep the
non expendable personal property or equipment in good operating condition
C The Grantee is responsible for any loss damage or theft of and any loss damage or injury caused
by the use of non expendable personal property or equipment purchased with state funds and held
in Grantee s possession for use in a contractual arrangement with the Department
21 UNAUTHORIZED EMPLOYMENT
The employment of unauthorized aliens by any Grantee/subcontractor is considered 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
22 RESERVED
DEP Agreement No LP35141 Page 9 of 13
23 DISCRIMINATION
A 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
B An entity or affiliate who has been placed on the discriminatory vendor list pursuant to Section
287 134 F S may not submit a bid on a contract to provide goods or services to a public entity
may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work may not submit bids on leases of real property to a public entity may not
award or perform work as a contractor supplier subcontractor or consultant under contract with
any public entity and may not transact business with any public entity 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
24 LAND ACQUISITION
Land acquisition is not authorized under the terms of this Agreement
25 PHYSICAL ACCESS AND INSPECTION
As applicable Department personnel shall be given access to and may observe and inspect work being
performed under this Agreement including by any of the following methods
A Grantee shall provide access to any location or facility on which Grantee is performing work or
storing or staging equipment materials or documents and
B Grantee shall permit inspection of any facility equipment practices or operations required in
performance of any work pursuant to this Agreement and
C Grantee shall allow and facilitate sampling and monitonng p o toren of anysubstances soils materials or
g g
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement
26 PUBLIC RECORDS ACCESS
A Grantee shall comply with Florida Public Records law under Chapter 119 F S Records made or
received in conjunction with this Agreement are public records under Florida law as defined in
Section 119 011(12) F S Grantee shall keep and maintain public records required by the
Department to perform the services under this Agreement
B This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to either
provide to the Department upon request or to allow inspection and copying of all public records
made or received by the Grantee in conjunction with this Agreement and subject to disclosure under
Chapter 119 F S and Section 24(a) Article I Florida Constitution
C If Grantee meets the definition of Contractor found in Section 119 0701(1)(a) F S [i e an
individual partnership corporation or business entity that enters into a contract for services with a
public agency and is acting on behalf of the public agency] then the following requirements apply
Pursuant to Section 119 0701 F S a request to inspect or copy public records relating to
this Agreement for services must be made directly to the Department If the Department
does not possess the requested records the Department shall immediately notify the
DEP Agreement No LP35141 Page 10 of 13
Grantee of the request and the Grantee must provide the records to the Department or
allow the records to be inspected or copied within a reasonable time If Grantee fails to
provide the public records to the Department within a reasonable time the Grantee may be
subject to penalties under s 119 10 F S
ii Upon request from the Department s custodian of public records Grantee shall provide the
Department with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter
119 Florida Statutes or as otherwise provided by law
in Grantee shall identify and ensure that all 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 Agreement term and following completion of the Agreement
if the Grantee does not transfer the records to the Department
iv Upon completion of the Agreement Grantee shall transfer at no cost to Department all
public records in possession of Grantee or keep and maintain public records required by
the Department to perform the services under this Agreement if the Grantee transfers all
public records to the Department upon completion of the Agreement the Grantee shall
destroy any duplicate public records that are exempt or confidential and exempt from
public disclosure requirements If the Grantee keeps and maintains public records upon
completion of the Agreement the Grantee shall meet all applicable requirements for
retaining public records All records that are stored electronically must be provided to
Department upon request from the Department s custodian of public records in a format
that is accessible by and compatible with the information technology systems of
Department
D IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245-2118, by email at ombudsman(a,dep state fl us, or at
the mailing address below
Department of Environmental Protection
ATTN Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Blvd, Mail Slot 49
Tallahassee, FL 32399
27 TERMINATION FALSE CERTIFICATION,SCRUTINIZED COMPANIES,BOYCOTTING
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
DEP Agreement No LP35141 Page 11 of 13
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
28 EXECUTION IN COUNTERPARTS
This Agreement and any Amendments or Change Orders thereto may be executed in two or more
counterparts each of which together shall be deemed an original but all of which together shall constitute
one and the same instrument In the event that any signature is delivered by facsimile transmission or by e
mail delivery of a pdf format data file such signature shall create a valid and binding obligation of the
party executing (or on whose behalf such signature is executed) with the same force and effect as if such
facsimile or pdf signature page were an original thereof
29 SEVERABILITY CLAUSE
This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws
of Florida Wherever possible each provision of this Agreement shall be interpreted in such manner as to be
effective and valid under applicable law but if any provision of this Agreement shall be prohibited or invalid
under applicable law such provision shall be ineffective to the extent of such prohibition or invalidity
without invalidating the remainder of such provision or the remaining provisions of this Agreement Any
action hereon or in connection herewith shall be brought in Leon County Florida
30 ENTIRE AGREEMENT
This Agreement represents the entire agreement of the parties Any alterations variations changes
modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced
to writing duly signed by each of the parties hereto and attached to the original of this Agreement unless
otherwise provided herein
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No LP35141 Page 12 of 13
IN WITNESS WHEREOF the parties have caused this Agreement to be duly executed the day and year last
written below
CITY OF CLERMONT STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By I�� _� II !% By '---.74"—Al\r
ayor Secretary or designee
o& v 1 j hct
Print Name of Authorized Person Print Name and Title of Authorized Person
Date © O3 ROI(p Date t s/16
V ,
George risby Grant Manager
Teresa Cruce DEP QC Reviewer
FEID No 59 6000290
List of attachments/exhibits included as part of this Agreement
Specify Letter/
Type Number Description(include number of pages)
Attachment A Grant Work Plan(2 Pages)
Attachment B Payment Request Summary Form(5 Pages)
Attachment C Contract Payment Requirements(1 Page)
Attachment D Progress Report Form(1 Page)
Attachment E Special Audit Requirements(5 Pages)
Attachment F Attachment Intentionally Excluded
Attachment G Attachment Intentionally Excluded
DEP Agreement No LP35141 Page 13 of 13
ATTACHMENT A
GRANT WORK
PLAN
PROJECT TITLE Clermont Alternative Water Supply Sunburst LFA Wells
PROJECT LOCATION The Project will be located at 2799 Sunburst Lane which is located
within the City of Clermont in Lake County Florida Project coordinates are latitude
28°31 12 20 N and Longitude 81°42 12 36 W
PROJECT BACKGROUND In December 2014 the City of Clermont (Grantee) completed
a Comprehensive Potable Water System Master Plan in order to identify and prioritize system
capacity and associated infrastructure needs to meet current and projected growth Based on the
Grantee s need for additional groundwater supply and regional efforts to secure alternative water
supplies the Grantee will construct two (2) wells into the Lower Floridan Aquifer (LFA) to
reduce reliance on the Upper Floridan Aquifer(UFA) as the Grantee s primary source of water
supply Migration of the groundwater pumpage from the UFA to the LFA is predicted to reduce
apparent impacts to several surface water Minimum Flows and Levels (MFLs) Shifting public
water supply pumping from the UFA to the LFA was identified by the regional planning efforts
of the Central Florida Water Initiative (CFW1) as a possible partial solution to reduce
unacceptable MFL impacts to wetlands and surface water bodies
PROJECT DESCRIPTION The Grantee will construct and test two (2) public water supply
wells into the LFA Each well will have a 24 inch diameter with a casing depth of approximately
1 250 feet below land surface (bls) and total well depth of approximately 1 600 feet bls Well
construction will include interval packer testing geophysical logging and aquifer performance
testing to obtain water quality and aquifer yield data to confirm the viability of the LFA as a
source of groundwater supply Additionally aquifer hydrogeologic parameters of the LFA used
to model pumpage impacts will be confirmed
TASKS and DELIVERABLES
Task 1 Construction of Project
Task Description The Grantee will construct and test two (2) public water supply wells into
the LFA in accordance with the final design documents and regulatory permits issued The
professional engineering and hydrogeological services of Tetra Tech Inc will include
construction observation services
Deliverable la Construction completed to date as described in this task as evidenced by these
interim deliverables 1) Signed acceptance of the completed work by the Grantee 2)Contractor s
Application and Certification for Payment and 3) dated color photographs of on going work
representing time period covered in payment request These interim deliverables must be
submitted 5 days prior to each payment request and may be submitted no more frequently than
monthly
Performance Standard The Department s Grant Manager will review each submitted interim
deliverable to verify that it meets the specifications in the Grant Work Plan and this task description
DEP Agreement No LP35141 Attachment A Page 1 of 2
and that work is being performed in accordance with the Grantee s construction contract
documents and specifications Upon review and written acceptance of each monthly interim
deliverable submittal by the Department s Grant Manager the Grantee may proceed with payment
request submittal for costs associated with that monthly submittal period under this task
Contractor s Application and Certification for Payment should include the following
supporting documentation
1 An itemized summary of the materials labor and/or services utilized during the
period for which payment is being requested
2 The summary should identify the nature of the work performed the amount
expended for such work the name of the person/entity providing the service or
performing the work proof of payment of the invoices and evidence of all work
conducted for which a request for payment is being made
3 Evidence may include references to any drafts or partially complete designs
surveys environmental documents and/or permit applications drawings and
specifications (which must be made available upon request) and documentation
demonstrating partial completion of construction activities
Deliverable lb Two public water wells constructed as described in this task as evidenced by
these final deliverables 1) Dated color photographs of the construction site(s) prior to during
and immediately following completion of the construction task 2) written verification that the
Grantee has received record drawings and any required final inspection report(s) for the project
3)signed acceptance of the completed work by the Grantee and 4)signed statement from a Florida
Licensed Professional Engineer indicating construction has been completed in accordance with the
design
Performance Standard The Department s Grant Manager will review the final deliverables to
verify that they meet the specifications in the Grant Work Plan and this task description and that
work is being performed in accordance with the Grantee s construction contract documents and
specifications Upon review and written approval by the Department s Grant Manager of all final
deliverables under this task the Grantee may proceed with payment request submittal
Payment Request Schedule Grantee may submit a payment request for cost reimbursement no
more frequently than once per month The outlined Interim Deliverable(s) and/or Final
Deliverable(s) must have been submitted and accepted in writing by the Department s Grant
Manager prior to payment request submittal
PROJECT TIMELINE AND BUDGET DETAIL
Task No Task Title Budget Budget Task Start Task End
Category Amount Date Date
1 Construction Contractual $500 000 7/1/2016 6/30/2018
DEP Agreement No LP35141 Attachment A Page 2 of 2
ATTACHMENT B
PAYMENT REQUEST SUMMARY FORM
Payment Request No DEP Agreement No Date
Performance Period(Start date End date)
Deliverables completed to support payment request(attach additional pages as needed)
Task/Deliverable Task Budget
Number(s) Amount $
Grantee
(Name&Mailing
Address)
Grantee Contact
(Name&Phone)
GRANT EXPENDITURES SUMMARY SECTION
TOTAL TOTAL
CUMULATIVE MATCHING FUNDS CUMULATIVE
CATEGORY OF EXPENDITURE AMOUNT OF THIS PAYMENT FOR THIS MATCHING
(As authorized) REQUEST REQUESTS REQUEST FUNDS
Salaries/Wages S $ $ $
Fringe Benefits $ $ $ $
Indirect Cost $ $ $ $
Contractual(Subcontractors) $ $ $ $
Travel $ $ $ $
Equipment(Direct Purchases) $ $ $ $
Rental/Lease of Equipment $ $ $ $
Miscellaneous/Other Expenses $ $ $ $
Land Acquisition $ $ $ $
,
TOTAL AMOUNT $ $ $ $
TOTAL BUDGET $ $
(ALL TASKS)
Less Total Cumulative Payment $ $
Requests of
TOTAL REMAINING $ $
(ALL TASKS)
GRANTEE CERTIFICATION
Complete Grantee s Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement
above was for items that were charged to and utilized only for the above cited grant activities
DEP Agreement No LP35141 Attachment B Page 1 of 5
Grantee's Certification of Payment Request
1 on behalf of
(Print name of Grantee s Grant Manager designated in the Agreement)
do hereby certify for
(Print name of Grantee)
DEP Agreement No and Payment Request No that
0 The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement
El All costs included in the amount requested have been satisfactorily purchased performed received and applied toward completing
the project such costs are documented by invoices or other appropriate documentation as required in the Agreement
El The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project and the Grantee is not in
default of any terms or provisions of the contracts
Check all!hat apply
❑ All permits and approvals required for the construction which is underway have been obtained
❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits
❑ The Grantee s Grant Manager relied on certifications from the following professionals that provided services for this project during
the time period covered by this Certification of Payment Request and such certifications are included
Professional Service Provider(Name/License No) Period of Service(mm/dd/yy—mm/dd/yy)
Grantee s Grant Manager s Signature Grantee s Fiscal Agent Signature
Print Name Print Name
Telephone Number Telephone Number
DEP Agreement No LP35141 Attachment B Page 2 of 5
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
PAYMENT REQUEST NO This is the number of your payment request not the quarter number
DEP AGREEMENT NO This is the number on your grant agreement
DATE This is the date that you are submitting the payment request
PERFORMANCE PERIOD This is the beginning and ending date of the performance period for the Task/Deliverable that the request
is for(this must be within the timeline shown for the Task/Deliverable in the Agreement)
TASK/DELIVERABLE NO Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming match
for(must agree with the current Grant Work Plan) Note If payment request includes more than one Task/Deliverable additional pages
should identify each Task/Deliverable Number its corresponding budget amount and the amount requested
TASK BUDGET AMOUNT List the Task budget amount as identified in the Grant Work Plan for the corresponding Task/Delverable
Note If payment request includes more than one Task/Deliverable additional pages should identify each Task/Deliverable Number its
corresponding budget amount and the amount requested
GRANTEE Enter the name of the Grantee s agency and the address to which you want the state warrant sent
GRANTEE CONTACT List the name and telephone number for the Grantee s grant manager or other point of contact regarding the
payment request submittal
GRANT EXPENDITURES SUMMARY SECTION
AMOUNT OF THIS REQUEST COLUMN Enter by authorized category of expenditure the amount for which you are requesting
reimbursement for this task This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement
Do not claim expenses in a budget category that does not have an approved budget Do not claim items that are not specifically identified
in the current Grant Work Plan Enter the column total on the TOTAL AMOUNT line Enter the amount of all Tasks on the TOTAL
BUDGET (ALL TASKS) line Enter the total cumulative amount of this request and all previous payments on the LESS TOTAL
CUMULATIVE PAYMENT REQUESTS OF line Deduct the LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF from the
TOTAL BUDGET(ALL TASKS) for the amount to enter on the TOTAL REMAINING(ALL TASKS) line
TOTAL CUMULATIVE PAYMENT REQUESTS COLUMN Enter the cumulative amounts that have been requested to date for
reimbursement by budget category The final request should show the total of all requests first through the final request(this amount
cannot exceed the approved budget amount for that budget category for the Task(s)you are reporting on) Enter the column total on the
TOTAL PAYMENT REQUEST line Do not enter anything in the shaded areas
MATCHING FUNDS COLUMN Enter the amount to be claimed as match for the performance period for the Task(s) you are
reporting on This needs to be shown under specific budget categories according to the currently approved Grant Work Plan Enter the
total on the TOTAL AMOUNT line for this column Enter the match budget amount on the TOTAL BUDGET(ALL TASKS) line for
this column Enter the total cumulative amount of this and any previous match claimed on the LESS TOTAL CUMULATIVE PAYMENTS
OF line for this column Deduct the LESS TOTAL CUMULATIVE PAYMENTS OF from the TOTAL BUDGET(ALL TASKS) for
the amount to enter on the TOTAL REMAINING(ALL TASKS) line
TOTAL CUMULATIVE MATCHING FUNDS COLUMN Enter the cumulative amounts you have claimed to date for match by
budget category Put the total of all on the line titled TOTAL PAYMENT REQUEST The final request should show the total of all
claims first claim through the final claim etc Do not enter anything in the shaded areas
GRANTEE S CERTIFICATION Check all boxes that apply Identify any licensed professional service providers that certified work or
services completed during the period included in the request for payment Must be signed by both the Grantee s Grant Manager as
identified in the grant agreement and the Grantee s Fiscal Agent
Documentation for match claims must meet the same requirements as those expenditures for reimbursement
DEP Agreement No LP35141 Attachment B Page 3 of 5
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Instructions for Completing Request for Payment - Part II
Include the Grantee Name Payment Request No and DEP Agreement Number List vendor invoices that are associated
with the Project by Task/Deliverable
1 Invoice Amount Amount of invoice being submitted for reimbursement
2 Local Share or Other Funding or Amount Not Requested Portion of invoice paid for by Grantee
Requested Amount Subtract Grantee s Local Share or Other Funding or Amount Not Requested(2)from Invoice
3 Amount(1)
Deliverable Number Must identify completed deliverable(s)for each invoice If invoice covers multiple
deliverables that invoice would be listed multiple times a line item for each deliverable with any portion not
4 applicable to that Task/Deliverable identified under(2)
Submittal Instructions
Instructions for E-mailing
The program now accepts reimbursement requests electronically please E mail to SRF_Reporting@dep state fl us
When scanning please be sure that the minimum scan resolution must be 300 DPI(dots per inch) When
reimbursement requests are sent electronically please do not also send a hard copy by postal mail You should
anticipate a response from program staff within 2 business days
Remit Payment Request by E-mail to SRF_Reporting @dep state fl us
Be sure the E mail payment request includes the following
Cc Departments Grant/Project Manager
Subject Project Number_Disbursement Number example—LP14025_Disb_I
Attachments
I) Attachment B Payment Request Summary
2) Request for Payment Part 11 Reimbursement Detail
3) Copies of invoices
4) Other supporting documentation as needed
For questions or concerns regarding these forms or if you would like the payment request forms listed above in
electronic format please contact
George Frisby
850 245 2829
George Frisby(a,dep state fl us
DEP Agreement No LP35141 Attachment B Page 5 of 5
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services,Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary travel expenses etc) Supporting documentation must be provided for each amount for which reimbursement
is being claimed indicating that the item has been paid Check numbers may be provided in lieu of copies of actual
checks Each piece of documentation should clearly reflect the dates of service Only expenditures for categories in
the approved contract budget should be reimbursed
Listed below are examples of the types of documentation representing the minimum requirements
(1) Salaries A payroll register or similar documentation should be submitted The payroll register
should show gross salary charges fringe benefits other deductions and net pay If an
individual for whom reimbursement is being claimed is paid by the hour a document
reflecting the hours worked times the rate of pay will be acceptable
(2) Fringe Benefits Fringe Benefits should be supported by invoices showing the amount paid on behalf of the
employee (e g insurance premiums paid) If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe
benefits then the calculation for the fringe benefits amount must be shown
Exception Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits
(3) Travel Reimbursement for travel must be in accordance with Section 112 061 Florida Statutes
which includes submission of the claim on the approved State travel voucher or electronic
means
(4) Other direct costs Reimbursement will be made based on paid invoices/receipts If nonexpendable property
is purchased using State funds the contract should include a provision for the transfer of
the property to the State when services are terminated Documentation must be provided
to show compliance with Department of Management Services Rule 60A 1 017 Florida
Administrative Code regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in Section
273 02 Florida Statutes for subsequent transfer to the State
(5) In house charges Charges which may be of an internal nature(e g postage copies etc)may be reimbursed
on a usage log which shows the units times the rate being charged The rates must be
reasonable
(6) Indirect costs If the contract specifies that indirect costs will be paid based on a specified rate then the
calculation should be shown
Contracts between state agencies and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports
The Florida Department of Financial Services online Reference Guide for State Expenditures can be found at this
web address http//www fldfs com/aadir/reference guide htm
DEP Agreement No LP35141 Attachment C Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No LP35141
Grantee Name
Grantee Address
Grantee's Grant Manager Telephone No
Reporting Period
Project Number and Title
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan a summary of project accomplishments for the reporting period, a comparison
of actual accomplishments to goals for the period, if goals were not met, provide reasons
why, provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task
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
This report is submitted in accordance with the reporting requirements of DEP Agreement No
LP35141 and accurately reflects the activities associated with the project
Signature of Grantee s Grant Manager Date
DEP Agreement No LP35141 Attachment D Page 1 of 1
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the Department DEP FDEP or Grantor or other name in the 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 OMB 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 EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of
Environmental Protection by this Agreement In determining the Federal awards expended in its fiscal year
the recipient shall consider all sources of Federal awards including Federal resources received from the
Department of Environmental Protection The determination of amounts of Federal awards expended
should be in accordance with the guidelines established 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 I 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 OMB 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 cfda goy
DEP Agreement No LP35141 Attachment E Page 1 of 5
PART II STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215 97(2)(n) Flonda 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 Flonda 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 Flonda Single Audit Act website located at https//apps fldfs com/fsaa for assistance In
addition to the above websites the following websites may be accessed for information Legislature s
Website at http//www leg state fl us/Welcome/index cfm State of Florida s website at
http//www myflonda com/ Department of Financial Services Website at http//www fldfs com/ and the
Auditor General s Website at http//www state fl us/audgen
PART IIi OTHER AUDIT REQUIREMENTS
(NOTE This part would be used to specify 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
DEP Agreement No LP35141 Attachment E Page 2 of 5
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
FDEPSmgleAudit(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(0
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
FDEPSmgleAudit n,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
DEP Agreement No LP35141 Attachment E Page 3 of 5
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 ill 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
FDEPSingleAuditAdep 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
DEP Agreement No LP35141 Attachment E Page 4 of 5
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